Link to Page 2560

 

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ê1995 Statutes of Nevada, Page 2561 (Chapter 669, SB 542)ê

 

prepared and filed with the board of county commissioners no later than June 1. The description of each parcel and the amount of the delinquent charge must be filed in a form approved by the county treasurer.

      2.  The powers authorized by this section are alternative to all other powers of the city for the collection of such charges.

      3.  The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by him.

      4.  The amount of the charge constitutes a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.

      5.  The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges must be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county.

      6.  All laws applicable to the levy, collection and enforcement of general taxes of the county, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to delinquent charges for sewerage.

      7.  The county treasurer may issue separate bills for those charges and separate receipts for collection on account of those charges.

      8.  The governing body shall pay to the county treasurer, on the date it files the information described in subsection 1, 4 percent of the amount of the delinquent charges for sewerage to be collected on the tax roll or the amount estimated by the county treasurer which is necessary to collect and distribute those delinquent charges, whichever is greater. If the amount paid by the governing body to the county treasurer exceeds the actual amount which is necessary to collect and distribute the delinquent charges, the county treasurer shall refund the excess amount to the governing body within 1 year after the date the governing body files the information described in subsection 1.

      Sec. 2.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      In a county whose population is less than 400,000:

      1.  The board of county commissioners of a county which provides sewerage may elect by ordinance to have delinquent charges for sewerage collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes. The board shall cause a description of each parcel of real property with respect to which the charge is delinquent on May 1 and the amount of the delinquent charge to be prepared and submitted to the county treasurer no later than June 1. The description of each parcel and the amount of the delinquent charge must be submitted in a form approved by the county treasurer.

      2.  The powers authorized by this section are alternative to all other powers of the county for the collection of such charges.

      3.  The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by him.

      4.  The amount of the charge constitutes a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.


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ê1995 Statutes of Nevada, Page 2562 (Chapter 669, SB 542)ê

 

      5.  The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges must be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county.

      6.  All laws applicable to the levy, collection and enforcement of general taxes of the county, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to delinquent charges for sewerage.

      7.  The county treasurer may issue separate bills for those charges and separate receipts for collection on account of those charges.

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

 

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CHAPTER 670, SB 557

Senate Bill No. 557–Committee on Human Resources

CHAPTER 670

AN ACT relating to providers of health care; authorizing optometrists to form certain business relationships with physicians; specifying the allowable activities which may be conducted pursuant to such a relationship; authorizing an optometrist to locate his office in the same place of business as a physician without a physical separation between the office and the place of business; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 630.305 is hereby amended to read as follows:

      630.305  1.  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      [1.] (a) Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physician’s objective evaluation or treatment of a patient.

      [2.] (b) Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.

      [3.] (c) Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee has a financial interest.

      [4.] (d) Charging for visits to the physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

      [5.] (e) Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.


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ê1995 Statutes of Nevada, Page 2563 (Chapter 670, SB 557)ê

 

      [6.] (f) Delegating responsibility for the care of a patient to a person [when] if the licensee knows, or has reason to know, that [this] the person is not qualified to undertake that responsibility.

      [7.] (g) Failing to disclose to a patient any financial or other conflict of interest.

      [8.] (h) Failing to initiate the performance of public service within 1 year after the date the public service is required to begin, if the public service was imposed as a requirement of the licensee’s receiving loans or scholarships from the Federal Government or a state or local government for his medical education.

      2.  Nothing in this section prohibits a physician from forming an association or other business relationship with an optometrist pursuant to the provisions of section 3 of this act.

      Sec. 2.  NRS 633.131 is hereby amended to read as follows:

      633.131  1.  “Unprofessional conduct” includes:

      (a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine.

      (b) Failure of a licensee to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

      (c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.

      (d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.

      (e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the board.

      (f) Engaging in any:

             (1) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical; or

             (2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

      (g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.

      (h) Habitual drunkenness or habitual addiction to the use of a controlled substance.

      (i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body.

      (j) Willful disclosure of a communication privileged pursuant to a statute or court order.

      (k) Willful disobedience of the regulations of the state board of health, the state board of pharmacy or the state board of osteopathic medicine.


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ê1995 Statutes of Nevada, Page 2564 (Chapter 670, SB 557)ê

 

      (l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.

      2.  It is not unprofessional conduct:

      (a) For persons holding valid licenses issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; [or]

      (b) For two or more persons holding valid licenses issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each [.] ; or

      (c) For a person licensed pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of section 3 of this act.

      Sec. 3.  Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An optometrist may form an association or other business relationship with a physician to provide their respective services to patients.

      2.  If such an association or business relationship is formed, the optometrist may:

      (a) Locate his office in the same place of business as the physician without a physical separation between the office and the place of business.

      (b) Authorize the physician to have access to any medical records in the possession of the optometrist relating to a patient who is being treated by both the optometrist and the physician.

      (c) Advertise and promote the services provided by the association or business consistent with the restrictions on advertising set forth in NRS 636.302.

      3.  This section does not authorize an optometrist to employ or be employed by a physician.

      Sec. 4.  NRS 636.300 is hereby amended to read as follows:

      636.300  The following acts, among others, constitute unethical or unprofessional conduct:

      1.  Association as an optometrist with any person, firm or corporation violating this chapter.

      2.  Accepting employment, directly or indirectly, from a person not licensed to practice optometry in this state to assist him in such practice or enabling him to engage therein, except as authorized in NRS 636.347.

      3.  Signing the prescription blanks of another optometrist or allowing another optometrist to use his prescription blanks.

      4.  [Practicing] Except as otherwise provided in NRS 636.372 and section 3 of this act, practicing in or on premises where any materials other than those necessary to render optometric examinations or services are dispensed to the public, or where a business is being conducted not exclusively devoted to optometry or other healing arts and materials or merchandise are displayed having no relation to the practice of optometry or other healing arts.


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ê1995 Statutes of Nevada, Page 2565 (Chapter 670, SB 557)ê

 

to optometry or other healing arts and materials or merchandise are displayed having no relation to the practice of optometry or other healing arts.

      Sec. 5.  NRS 636.372 is hereby amended to read as follows:

      636.372  1.  An optometrist may enter into an agreement with a person who is not licensed pursuant to the provisions of this chapter for the leasing of a building or a part thereof for use in his practice. The lease may contain a provision which requires that the rent must be based on a percentage of the revenue earned by the optometrist in his practice if the total amount of rent paid for the building or part thereof does not exceed its fair rental value, including any furniture, fixtures or equipment therein.

      2.  An optometrist who enters into such a lease with a physician may locate his office in the same place of business as the physician without a physical separation between the office and the place of business.

      3.  The board may adopt regulations prescribing the requirements for such leases. The regulations must ensure the quality of optometric care and the practice of optometry without restricting competition or the commercial practice of optometry.

 

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CHAPTER 671, SB 560

Senate Bill No. 560–Committee on Human Resources and Facilities

CHAPTER 671

AN ACT relating to public assistance; enlarging the categories of assets from which public assistance may be recovered after the death of a recipient; requiring certain notices upon the death of a recipient; revising the provisions governing the requirements for county assistance to indigent persons; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Undivided estate” means all assets included in the estate of a deceased recipient of assistance to the medically indigent and any other assets in or to which he had an interest or legal title at the time of his death, to the extent of that interest or title. The term includes assets passing by reason of joint tenancy, reserved life estate, survivorship or trust, and any of the decedent’s separate property and his interest in community property that was transferred to a community spouse pursuant to NRS 123.259 or pursuant to an order of a district court under any other provision of law.

      Sec. 3.  1.  The welfare division may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of section 8 of this act against real or personal property of a recipient of assistance to the medically indigent as follows:


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ê1995 Statutes of Nevada, Page 2566 (Chapter 671, SB 560)ê

 

      (a) The welfare division may obtain a lien against a recipient’s property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.

      (b) The welfare division may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the welfare division determines, after notice and opportunity for a hearing in accordance with its regulations, that he cannot reasonably be expected to be discharged and return home.

      2.  No lien may be placed on a recipient’s home for assistance correctly paid if:

      (a) His spouse;

      (b) His child who is under 21 or blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; or

      (c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,

is lawfully residing in the home.

      3.  Upon the death of a recipient the welfare division may seek a lien upon his undivided estate as defined in section 2 of this act.

      4.  The state welfare administrator shall release a lien pursuant to this section:

      (a) Upon notice by the recipient or his representative to the administrator that the recipient has been discharged from the medical institution and has returned home;

      (b) If the lien was incorrectly determined; or

      (c) Upon satisfaction of the welfare division’s claim.

      Sec. 4.  NRS 422.001 is hereby amended to read as follows:

      422.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.005 to 422.055, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 422.2935 is hereby amended to read as follows:

      422.2935  1.  Except as otherwise provided in this section, the welfare division [may,] shall, to the extent it is not prohibited by federal law and when circumstances allow:

      (a) Recover benefits correctly paid for assistance to the medically indigent from:

             (1) The undivided estate of the person who received those benefits; and

             (2) [The estate of the surviving spouse of the person who received those benefits.] Any recipient of money or property from the undivided estate of the person who received those benefits.

      (b) Recover from the recipient of assistance to the medically indigent or the person who signed the application for assistance to the medically indigent on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:

             (1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or


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ê1995 Statutes of Nevada, Page 2567 (Chapter 671, SB 560)ê

 

             (2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.

      2.  The welfare division shall not recover benefits pursuant to paragraph (a) of subsection 1 , except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.

      3.  Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of assistance to the medically indigent is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.

      4.  The amount of assistance to the medically indigent paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.

      5.  The administrator may elect not to file a claim against the estate of a recipient of assistance to the medically indigent or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The board shall adopt regulations defining the circumstances that constitute an undue hardship.

      6.  Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.

      7.  An action to recover money owed to the department of human resources as a result of the payment of benefits for assistance to the medically indigent must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:

      (a) The death of the recipient of the assistance to the medically indigent;

      (b) The death of the surviving spouse of the recipient of the assistance to the medically indigent;

      (c) The death of all children of the recipient of the assistance to the medically indigent who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and

      (d) The arrival of all other children of the recipient of the assistance to the medically indigent at the age of 21 years.

      Sec. 5.1.  NRS 428.015 is hereby amended to read as follows:

      428.015  1.  The board of county commissioners shall adopt an ordinance and any related policies which establish the requirements and standards of eligibility for medical and financial assistance to indigent persons. The ordinance and policies must specify the allowable income, assets and other resources or potential resources of persons eligible for assistance [.] , and any other requirements applicable to an applicant for assistance. The board of county commissioners shall file the ordinance and policies with the secretary of state within 30 days after adoption . [, but not later than July 1, 1988] Any amendment to the ordinance or policies must be filed with the secretary of state within 30 days after adoption.


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ê1995 Statutes of Nevada, Page 2568 (Chapter 671, SB 560)ê

 

      2.  A county’s standards of eligibility for medical assistance must not deny eligibility to a person living in a household which has a total monthly income of less than:

      (a) For one person living without another member of a household, $438.

      (b) For two persons, $588.

      (c) For three or more persons, $588 plus $150 for each person in the family in excess of two.

For the purposes of this subsection, “income” includes the entire income of a household and the amount which a county projects a person or household is able to earn. “Household” is limited to a person and his spouse, parents, children, brothers and sisters residing with him.

      3.  A county’s program of medical assistance to indigent persons must provide payment for:

      (a) Emergency medical care; and

      (b) All other medically necessary care rendered in a medical facility designated by the county.

      4.  As used in this section [, “emergency] :

      (a) “Emergency medical care” means any care for an urgent medical condition which is likely to result in serious and permanent bodily disability or death if the patient is transported to a medical facility designated by the county.

      (b) “Medically necessary care” does not include any experimental or investigative medical care which is not covered by Medicaid or Medicare.

      Sec. 5.3.  NRS 428.030 is hereby amended to read as follows:

      428.030  1.  When any person meets the uniform standards of eligibility established by the board of county commissioners or by NRS 439B.310, if applicable, [then] and complies with any requirements imposed pursuant to NRS 428.040, he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

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

      3.  The board of county commissioners may:

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

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

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

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


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ê1995 Statutes of Nevada, Page 2569 (Chapter 671, SB 560)ê

 

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

      Sec. 5.5.  NRS 428.040 is hereby amended to read as follows:

      428.040  When an application is made by an indigent person to the board of county commissioners of any county for relief, the board of county commissioners shall require the indigent person to [provide] :

      1.  Provide the information necessary to determine his county of residence or nonresident status.

      2.  Provide the information necessary to determine his financial condition and eligibility for medical and financial assistance.

      3.  Cooperate fully in applying for any federal or state assistance for which he may be eligible.

      Sec. 6.  NRS 40.525 is hereby amended to read as follows:

      40.525  1.  Whenever title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in the real or personal property, if his interest is affected by the death of that person, or the State of Nevada, may file in the district court of any county in which any part of the real or personal property is situated a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner [,] and the interest of the deceased therein.

      2.  The clerk shall set the petition for hearing by the court. Notice of hearing of the petition must be mailed, by certified mail , return receipt requested, postage prepaid, to the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court orders . [, failure] The clerk shall send a copy of the notice of hearing or of the affidavit to the welfare division of the department of human resources by certified mail, return receipt requested, postage prepaid, if the state is not the petitioner, at the time notice is mailed to the heirs at law or the notice is published. Failure on the part of any such heir at law to contest the petition precludes any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination.

      3.  The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of the death and the termination of the interest of the deceased in the real or personal property described in the petition.

      4.  A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.

      5.  As an alternative method of terminating the interest of the deceased person, whenever title or an interest in real or personal property held in joint tenancy or as community property with right of survivorship is affected by the death of a joint tenant or spouse, any person who has knowledge of the facts may file in the office of the county recorder in the county where the property is situated an affidavit meeting the requirements of NRS 111.365, accompanied by a certified copy of the death certificate of the deceased person.


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ê1995 Statutes of Nevada, Page 2570 (Chapter 671, SB 560)ê

 

      Sec. 7.  Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 8, 9 and 10 of this act.

      Sec. 8.  1.  A petition to the district court for the imposition of a lien as described and limited in section 3 of this act to recover money owed to the department of human resources as a result of payment of benefits for assistance to the medically indigent must set forth:

      (a) The facts concerning the giving of assistance;

      (b) The name and address of the person who is receiving or who received the benefits for assistance to the medically indigent;

      (c) A description of the property, sufficient for identification, and its estimated value;

      (d) The names, ages, residences and relationship of all persons who are claiming an interest in the property or who are listed as having any interest in the property, so far as known to the petitioner; and

      (e) An itemized list of the amount owed to the department of human resources as a result of payment of benefits for assistance to the medically indigent.

      2.  No defect of form or in the statement of facts actually existing voids the petition for the lien.

      Sec. 9.  1.  Petition for the imposition of a lien must be signed by or on behalf of the state welfare administrator or the attorney general and filed with the clerk of the court, who shall set the petition for hearing.

      2.  Notice of a petition for imposition of a lien must be given by registered or certified mail, postage prepaid, at least 10 days before the date set for hearing or other action by the court. Each such notice must be addressed to the intended recipient at his last address known to the administrator, receipt for delivery requested. The administrator shall cause the notice to be published, at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons claiming any interest in the property of the filing of the petition, the object and the location, date and time of the hearing.

      3.  Notice of a petition for imposition of a lien must be given to:

      (a) Each person who has requested notice;

      (b) The person who is receiving or has received benefits for assistance to the medically indigent;

      (c) The legal guardian or representative of a person who is receiving or has received benefits for assistance to the medically indigent, if any;

      (d) Each executor, administrator or trustee of the estate of a decedent who received benefits for assistance to the medically indigent, if any;

      (e) The heirs of such a decedent known to the administrator; and

      (f) Each person who is claiming any interest in the property or who is listed as having any interest in the subject property,

and must state the filing of the petition, the object, and the time set for hearing.

      4.  At the time appointed, or at any other time to which the hearing may be continued, upon proof being made by affidavit or otherwise to the satisfaction of the court that notice has been given as required by this chapter, the court shall proceed to hear the testimony in support of the petition.


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ê1995 Statutes of Nevada, Page 2571 (Chapter 671, SB 560)ê

 

shall proceed to hear the testimony in support of the petition. Each witness who appears and is sworn shall testify orally.

      5.  The court shall make findings as to the appropriateness of the lien and the amount of the lien.

      6.  At the time of the filing of the petition for imposition of a lien the administrator shall file a notice of pendency of the action in the manner provided in NRS 14.010.

      7.  Upon imposition of the lien by the court, the administrator shall serve the notice of lien upon the owner by certified or registered mail and file it with the office of the county recorder of each county where real property subject to the lien is located.

      8.  The notice of lien must contain:

      (a) The amount due;

      (b) The name of the owner of record of the property; and

      (c) A description of the property sufficient for identification.

      9.  If the amount due as stated in the notice of lien is reduced by a payment, the administrator shall amend the notice of lien, stating the amount then due, within 20 days after receiving the payment.

      Sec. 10.  The state welfare administrator may, to the extent not prohibited by 42 U.S.C. § 1396p(b), foreclose upon a lien for money owed to the department of human resources as a result of the payment of benefits for assistance to the medically indigent by action in the district court in the same manner as for foreclosure of any other lien.

      Sec. 11.  NRS 111.365 is hereby amended to read as follows:

      111.365  1.  In the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the [hereinafter required facts,] facts required in this subsection, which sets forth the following:

      [1.] (a) The family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;

      [2.] (b) A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;

      [3.] (c) A description of the property subject to the joint tenancy or right of survivorship; and

      [4.] (d) The date and place of death of each deceased joint tenant or the deceased spouse.

      2.  The county recorder shall send a copy of the affidavit to the welfare division of the department of human resources by certified mail, return receipt requested, postage prepaid, within 3 days after the affidavit is recorded.

      Sec. 12.  NRS 136.100 is hereby amended to read as follows:

      136.100  1.  All petitions for the probate of a will and for the issuance of letters [shall] must be signed by the party petitioning, or the attorney for the petitioner, and filed with the clerk of the court, who shall set the petition for hearing.


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petitioner, and filed with the clerk of the court, who shall set the petition for hearing.

      2.  Notice [shall] must be given as provided in NRS 155.020 to the heirs of the testator and the devisees and legatees named in the will [and] , to all persons named as executors who are not petitioning [, and shall] and to the administrator of the welfare division of the department of human resources, and must state the filing of the petition, the object, and the time for proving [such] the will.

      Sec. 13.  NRS 139.100 is hereby amended to read as follows:

      139.100  The clerk shall set the petition for hearing, and notice [shall] must be given to the heirs of the decedent named in the petition and to the administrator of the welfare division of the department of human resources as provided in NRS 155.020. The notice [shall] must state the filing of the petition, the object, and the time for hearing.

      Sec. 14.  NRS 145.030 is hereby amended to read as follows:

      145.030  Notice of a petition for the probate of a will and the issuance of letters testamentary or for letters of administration must be given as provided in NRS 155.010, and the notice to creditors and to the administrator of the welfare division of the department of human resources must be given as provided in NRS 155.020.

      Sec. 15.  NRS 145.060 is hereby amended to read as follows:

      145.060  1.  Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing, for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020, and within 10 days thereafter the executor or administrator shall act on the claims filed and present them in 3 days thereafter to the judge for his action.

      2.  Any claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.

      3.  Every claim which is filed as provided in this section, allowed by the executor or administrator, and approved by the judge, must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 2 of NRS 150.230.

      4.  If a claim filed by the welfare division of the department of human resources is rejected by the executor or administrator, the state welfare administrator or his designated representative may, within 20 days after receipt of the written notice of rejection, petition the district judge for summary determination of the claim. A petition for summary determination must be filed with the clerk of the court, who shall set the petition for hearing, and notice must be given for the period and in the manner required by NRS 155.010. Allowance of the claim by the judge is sufficient evidence of its correctness and it must be paid as if previously allowed by the executor or administrator.


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      Sec. 16.  NRS 146.070 is hereby amended to read as follows:

      146.070  1.  When a person dies leaving an estate, the gross value of which after deducting any encumbrances does not exceed $25,000, and there is a surviving spouse or minor child or minor children of the deceased, the estate must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even though there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.

      2.  When there is no surviving spouse or minor child of the deceased and the gross value of a decedent’s estate, after deducting any encumbrances, does not exceed $25,000, upon good cause shown therefor, the judge may order that the estate must not be administered upon but the whole thereof must be assigned and set apart:

      First: To the payment of funeral expenses, expenses of last illness, money owed to the department of human resources as a result of payment of benefits for assistance to the medically indigent, and creditors, if there are any; and

      Second: Any balance remaining to the claimant or claimants entitled thereto.

      3.  All proceedings taken under this section, whether or not the decedent left a will, must be originated by a verified petition containing:

      (a) A specific description of all of the decedent’s property.

      (b) A list of all the liens, encumbrances of record at the date of his death.

      (c) An estimate of the value of the property.

      (d) A statement of the debts of the decedent so far as known to the petitioner.

      (e) The names, ages and residences of the decedent’s heirs, devisees and legatees.

The petition may include a prayer that if the court finds the gross value of the estate, less encumbrances, does not exceed $25,000, the estate be set aside as provided in this section.

      4.  The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent’s heirs, devisees and legatees [.] and to the welfare division of the department of human resources. The notice must include a statement that a prayer for setting aside the estate to the spouse, or minor child or minor children, as the case may be, is included in the petition.

      5.  No court or clerk’s fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $1,000 in value.

      6.  If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of $25,000, the court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond as in the discretion of the court seems to be in the best interests of the minor.


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minor. The court may direct the manner in which the money may be used for the benefit of the minor.

      Sec. 17.  NRS 146.080 is hereby amended to read as follows:

      146.080  1.  When a decedent leaves no real property, nor interest therein nor lien thereon, in this state, and the gross value of the decedent’s property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $10,000, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, or the guardian of the estate of any minor or insane or incompetent person bearing that relationship to the decedent, if that person has a right to succeed to the property of the decedent or is the sole beneficiary under the last will and testament of the decedent, or the welfare division of the department of human resources, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidences transferred.

      2.  An affidavit made pursuant to this section must state:

      (a) The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

      (b) That the decedent was a resident of Nevada at the time of his death;

      (c) That the gross value of the decedent’s property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $10,000, and that the property does not include any real property nor interest therein nor lien thereon;

      (d) That at least 40 days have elapsed since the death of the decedent;

      (e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

      (f) That all debts of the decedent, including funeral and burial expenses [,] and money owed to the department of human resources as a result of the payment of benefits for assistance to the medically indigent, have been paid or provided for;

      (g) A description of the personal property and the portion claimed;

      (h) That the affiant has given written notice, by personal service or by certified mail, identifying his claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 10 days have elapsed since the notice was served or mailed; and

      (i) That the affiant is personally entitled , or the department of human resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property.

      3.  If the affiant:


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ê1995 Statutes of Nevada, Page 2575 (Chapter 671, SB 560)ê

 

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives is subject to all debts of the decedent.

      (b) Fails to give notice to other successors as required by subsection 2, any money or property he receives is held by him in trust for all other successors who have an interest in the property.

      4.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.

      5.  Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.

      6.  If any property of the estate not exceeding $10,000 is located in a state which requires an order of a court for the transfer of the property, or it is consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified under the provisions of subsection 1 to have the stocks or bonds or other property transferred to him may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a verified petition in a court of competent jurisdiction containing:

      (a) A specific description of all of the property of the decedent.

      (b) A list of all the liens and encumbrances of record at the date of the decedent’s death.

      (c) An estimate of the value of the property of the decedent.

      (d) The names, ages and residences of the decedent’s heirs and legatees.

      (e) A prayer requesting the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $10,000.

If the court finds that the gross value of the estate does not exceed $10,000 and the person requesting the transfer is entitled to it, the court may issue an order directing the transfer.

      Sec. 18.  NRS 147.130 is hereby amended to read as follows:

      147.130  1.  When a claim is rejected by the executor or administrator or the district judge, in whole or in part, the holder must be immediately notified by the executor or administrator, and the holder must bring suit in the proper court against the executor or administrator within 60 days after the notice, or file a timely petition for summary determination pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred. If the holder of a claim resides out of the county, he may be informed of the rejection of his claim by written notice forwarded to his post office address by registered or certified mail.

      2.  If a claim filed by the welfare division of the department of human resources is rejected by the executor or administrator, the state welfare administrator or his designated representative may, with 20 days after receipt of the written notice of rejection, petition the district judge for summary determination of the claim.


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ê1995 Statutes of Nevada, Page 2576 (Chapter 671, SB 560)ê

 

of the written notice of rejection, petition the district judge for summary determination of the claim. A petition for summary determination must be filed with the clerk of the court, who shall set the petition for hearing, and notice must be given for the period and in the manner required by NRS 155.010. Allowance of the claim by the judge is sufficient evidence of its correctness and it must be paid as if previously allowed by the executor or administrator.

      3.  In any suit upon a claim rejected in whole or in part by the executor or administrator, if the executor or administrator resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the summons, together with a copy of the complaint, must be mailed directly to the last address given by the executor or administrator, and proof of the mailing must be filed with the county clerk of the county where the administration of the estate is pending. This service is the equivalent of personal service upon the executor or administrator, but the defendant has 30 days from the date of such service within which to answer.

      [3.] 4.  If the defendant defaults after such service, the default is sufficient grounds for his removal as executor or administrator by the court without notice. Upon petition and notice, in the manner provided for an application for letters of administration, an administrator or an administrator with the will annexed must be appointed by the court and, upon his qualification as such, letters of administration or letters of administration with the will annexed must be issued.

      Sec. 19.  NRS 150.230 is hereby amended to read as follows:

      150.230  1.  The executor or administrator shall, as soon as he has sufficient funds in his hands, upon receipt of a sworn statement of the amount due and without any formal [processing of] action upon creditors’ claims, pay the funeral expenses, the expenses of the last sickness, the allowance made to the family of the deceased, money owed to the department of human resources as a result of payment of benefits for assistance to the medically indigent and wage claims to the extent of $600 of each employee of the decedent for work done or personal service rendered within 3 months [prior to] before the death of the employer; but he may retain in his hands the necessary expenses of administration.

      2.  He is not obliged to pay any other debt or any legacy until the payment is ordered by the court.

      3.  He may, [prior to] before court approval or order, pay any of the decedent’s debts amounting to $100 or less if:

      (a) Claims for payment thereof are properly filed in the proceedings;

      (b) [Such] The debts are justly due; and

      (c) The estate is solvent.

In settling the account of the estate, the court shall allow any such payment if the conditions of paragraphs (a), (b) and (c) have been met; otherwise, the executor or administrator is personally liable to any person sustaining loss or damage as a result of such payment.

      4.  Funeral expenses and expenses of a last sickness [shall be deemed] are debts payable out of the estate of the deceased spouse and [shall] must not be charged to the community share of a surviving spouse, whether or not the surviving spouse is financially able to pay such expenses and whether or not the surviving spouse or any other person is also liable therefor.


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surviving spouse is financially able to pay such expenses and whether or not the surviving spouse or any other person is also liable therefor.

      Sec. 20.  NRS 155.020 is hereby amended to read as follows:

      155.020  1.  Notice of a petition for the probate of a will and the issuance of letters testamentary or for letters of administration and the notice to creditors must be given to:

      (a) The persons respectively entitled thereto, including the administrator of the welfare division of the department of human resources, by mail as provided in NRS 155.010; and

      (b) The public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once each week there must be at least 10 days from the first to last dates of publication, including both the first and last days.

      2.  Every publication required by this section must be made in a newspaper printed in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.

      3.  The notice of the hearing upon the petition to administer the estate must be in substantially the following form:

 

NOTICE OF THE HEARING UPON THE PETITION TO ADMINISTER THE ESTATE

 

      Notice is hereby given that ................................. has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of ................................, deceased, and a hearing has been set for the .......... day of ................, 19 ......, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All persons interested in the estate are notified to appear and show cause why the petition should not be granted.

      Dated..............................................................

 

      4.  As soon as practicable after appointment, every executor or administrator shall, in addition to publishing the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily ascertainable and who have not already filed a claim. The notice must be in substantially the following form:

 

 

NOTICE TO CREDITORS

 

      Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as executor or administrator (as the case may be) of the estate of ................................, deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.

      Date................................................................


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ê1995 Statutes of Nevada, Page 2578 (Chapter 671, SB 560)ê

 

      Sec. 21.  NRS 164.025 is hereby amended to read as follows:

      164.025  1.  The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020.

      2.  If notice is so published, it must be in substantially the following form:

 

Notice to Creditors

      Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................ A creditor having a claim against the trust estate must file his claim with the undersigned at the address given below within 90 days after the first publication of this notice.

 

      Dated..........................................................

                                                                            .............................................................

                                                                                                Trustee

                                                                            .............................................................

                                                                                                Address

 

      3.  Any claim against the trust estate not filed within 90 days after the first publication of notice is forever barred. After 90 days from the first publication of the notice, the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.

      4.  If the trustee knows or has reason to believe that the settlor received public assistance during his lifetime, the trustee shall, whether or not he gives notice to other creditors, give notice within 30 days after the death to the welfare division of the department of human resources by certified mail, return receipt requested, postage prepaid. If notice to the welfare division is required by this subsection but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the welfare division to recover public assistance received.

      Sec. 22.  Section 3 of this act applies only to property of a recipient of assistance to the medically indigent who receives assistance on or after October 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 2579ê

 

CHAPTER 672, SB 573

Senate Bill No. 573–Committee on Judiciary

CHAPTER 672

AN ACT relating to statutes; making technical corrections to certain measures previously approved by the 68th session of the Nevada legislature; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Senate Bill No. 66 of this session is hereby amended by adding thereto a new section to be designated as section 3.5, immediately following section 3, to read as follows:

       Sec. 3.5.  NRS 486.161 is hereby amended to read as follows:

       486.161  1.  Except as otherwise provided in subsection 4, every motorcycle driver’s license expires on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth is February 29 is, for the purposes of NRS 486.011 to 486.381, inclusive, considered to have the anniversary of his birth fall on February 28. Every motorcycle endorsement to a driver’s license issued on or after January 1, 1972, expires simultaneously with the expiration of the driver’s license.

       2.  Every license is renewable at any time before its expiration upon application and payment of the required fee. The department shall prepare a form for an application for renewal, which must include a request and space for the applicant to state, if he so desires, whether he has ever served on active duty in the Armed Forces of the United States, and, if so, the date of service.

       3.  Except as otherwise provided in subsection 1 of NRS 483.384, each applicant for renewal [shall] must appear before an examiner for a driver’s license and successfully pass a test of his eyesight.

       4.  Any person who has been issued a driver’s license without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass [a] :

       (a) A driving test conducted by the department ; or

       (b) A course of motorcycle safety approved by the department,

and have the authority endorsed upon his license.

      2.  Section 5 of Senate Bill No. 66 of this session is hereby amended to read as follows:

       Sec. 5.  1.  This section and sections 1 to 3.5, inclusive, of this act [becomes] become effective upon passage and approval.

       2.  Section 3.5 of this act expires by limitation on July 1, 1995.

       3.  Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1995.

      Sec. 2.  The title of Assembly Bill No. 178 of this session is hereby amended to read as follows:


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ê1995 Statutes of Nevada, Page 2580 (Chapter 672, SB 573)ê

 

AN ACT relating to mining claims; authorizing the locators of certain lode mining claims to remove durable plastic pipe used to define the boundaries of the claims and to replace the pipe with valid legal monuments; [revising the specifications for the preparation of maps required for certain mining claims;] and providing other matters properly relating thereto.

      Sec. 3.  1.  Sections 6 to 9, inclusive, of Senate Bill No. 277 of this session are hereby amended to read respectively as follows:

       Sec. 6.  NRS 233B.0613 is hereby amended to read as follows:

       233B.0613  1.  If an agency [finds] determines that an emergency exists, [and this finding is concurred in by the governor] it shall submit to the governor a written statement of the emergency which sets forth the reasons for the determination. If the governor endorses the statement of the emergency by written endorsement at the end of the full text of the statement of emergency on the original copy of a proposed regulation, [a] the regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state [. A copy of the regulation must also be filed with the legislative counsel bureau.] pursuant to subsection 2 of NRS 233B.070. The statement of the emergency endorsed by the governor must be included as a part of the regulation for all purposes. A regulation so adopted may be effective for a period of not longer than 120 days. A regulation may be adopted by this emergency procedure only once.

       2.  If an agency adopts , after providing notice and the opportunity for a hearing as required in this chapter, a permanent or temporary regulation which becomes effective and is substantially identical to its effective emergency regulation, the emergency regulation expires automatically on the effective date of the temporary or permanent regulation.

       Sec. 7.  NRS 233B.066 is hereby amended to read as follows:

       233B.066  [Each]

       1.  Except as otherwise provided in subsection 2, each adopted regulation which is submitted to the legislative counsel bureau pursuant to NRS 233B.067 or filed with the secretary of state pursuant to subsection 2 of NRS 233B.070 must be accompanied by a statement concerning the regulation which contains the following information:

       [1.] (a) A description of how public comment was solicited, a summary of the public response, and an explanation how other interested persons may obtain a copy of the summary.

       [2.] (b) The number of persons who:

             (1) Attended each hearing;

             (2) Testified at each hearing; and

             (3) Submitted to the agency written statements.

       (c) A description of how comment was solicited from affected businesses, a summary of their response, and an explanation how other interested persons may obtain a copy of the summary.

       [3.] (d) If the regulation was adopted without changing any part of the proposed regulation, a summary of the reasons for adopting the regulation without change.


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       [4.] (e) 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:

       [(a)] (1) Both adverse and beneficial effects; and

       [(b)] (2) Both immediate and long-term effects.

       [5.] (f) The estimated cost to the agency for enforcement of the proposed regulation.

       [6.] (g) A description of any regulations of other state or government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the name of the regulating federal agency.

       (h) If the regulation includes provisions which are more stringent than a federal regulation which regulates the same activity, a summary of such provisions.

       (i) If the regulation provides a new fee or increases an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used.

       2.  The requirements of paragraphs (a) to (d), inclusive, of subsection 1 do not apply to emergency regulations.

       Sec. 8.  NRS 233B.067 is hereby amended to read as follows:

       233B.067  1.  After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and an original and four copies of each regulation adopted, [except an emergency regulation or a temporary regulation,] to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall have endorsed on the original and duplicate copies of each adopted regulation the date of their receipt and shall maintain one copy of the regulation in a file and available for public inspection for 2 years.

       2.  If an agency submits an adopted regulation to the director of the legislative counsel bureau pursuant to subsection 1 which:

       (a) The agency is required to adopt pursuant to a federal statute or regulation; and

       (b) Exceeds the agency’s specific statutory authority or sets forth requirements that are more stringent than a statute of this state,

it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

       3.  The legislative commission or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.


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ê1995 Statutes of Nevada, Page 2582 (Chapter 672, SB 573)ê

 

received more than 35 days before a regular meeting is scheduled to be held.

       [3.] 4.  The legislative commission shall notify the director of the results of its review within 30 days after receipt of the regulation from the agency. If the commission does not object to the regulation [,] on the basis that the regulation fails to conform to the statutory authority under which it was adopted or fails to carry out the intent of the legislature in granting that authority, the director shall file it with the secretary of state within 35 days after receipt from the agency and notify the agency of the filing. If the commission determines that the regulation is not required pursuant to a federal statute or regulation, if subsection 2 is applicable, or does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of the commission’s objection, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency. The director shall file the regulation with the secretary of state within 35 days after receipt from the agency if the agency does not notify the director in writing before that date of its intent to revise the regulation. If the agency notifies the director that it intends to revise the regulation as recommended, the director shall file the regulation with the secretary of state within 10 days after receipt of the revised regulation.

       5.  If the director fails to file the regulation as required by this section, the agency may file the regulation with the secretary of state.

       Sec. 9.  NRS 233B.070 is hereby amended to read as follows:

       233B.070  1.  A permanent regulation becomes effective upon filing with the secretary of state [of] the original of the final draft or revision of a regulation , [by the director of the legislative counsel bureau,] except as otherwise provided in NRS 233B.0665 or where [:

       (a) A statute prescribes a specific time when the regulation becomes effective; or

       (b) A] a later date is specified in the regulation.

       2.  A temporary or emergency regulation become effective upon filing with the secretary of state [of] the original of the final draft or revision of a regulation by the agency [.] , together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary or emergency regulation with the legislative counsel bureau [.] , together with the informational statement prepared pursuant to NRS 233B.066.

       3.  The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.

       4.  The secretary of state shall file, with the original of each agency’s rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.

       5.  Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state librarian, to the state librarian for use by the public. If the agency is licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.


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ê1995 Statutes of Nevada, Page 2583 (Chapter 672, SB 573)ê

 

agency is licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.

       6.  Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.

       7.  An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.

      2.  Senate Bill No. 277 of this session is hereby amended by adding thereto a new section to be designated as section 7.5, immediately following section 7, to read as follows:

       Sec. 7.5.  NRS 233B.0665 is hereby amended to read as follows:

       233B.0665  If [an adopted] a regulation submitted to the legislative counsel bureau pursuant to NRS 233B.067 is not accompanied by an informational statement which complies with the requirements of NRS 233B.066, the director of the legislative counsel bureau shall return the regulation to the agency with a note that the statement is missing. Unless the statement is supplied, the director shall not submit the regulation to the commission, and the regulation never becomes effective. If the statement is supplied, the time for action upon the regulation must be computed from the date of delivering the statement to the director.

      Sec. 4.  Section 11 of Senate Bill No. 426 of this session is hereby amended to read as follows:

       Sec. 11.  1.  This section and section 10 of this act become effective on July 1, 1995.

       2.  Sections 1 to 9, inclusive, of this act [becomes] become effective on July 1, 1995, for the purpose of appointing the members of the fire service standards and training committee and on October 1, 1995, for all other purposes.

      Sec. 5.  This act becomes effective on June 30, 1995.

 

________


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ê1995 Statutes of Nevada, Page 2584ê

 

CHAPTER 673, AB 307

Assembly Bill No. 307–Assemblymen Humke, Spitler, Manendo, Bennett, Allard, Carpenter, Sandoval, Nolan, Goldwater, Monaghan, Chowning, Anderson, Giunchigliani, Schneider, Price, Krenzer, Perkins, Stroth, Tiffany, Marvel, Fettic, Ohrenschall, Neighbors, Hettrick and Lambert

CHAPTER 673

AN ACT relating to wildlife; making various changes regarding the administration of the state department of conservation and natural resources; revising the composition of the board of wildlife commissioners; requiring the division of wildlife of the state department of conservation and natural resources to use money received from fees for the sale or issuance of stamps, tags, permits and licenses for the management of wildlife; requiring the commission to conduct a study; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 501.115 is hereby amended to read as follows:

      501.115  1.  The State of Nevada hereby assents to the provisions of that certain Act of Congress commonly known and referred to as the Pittman-Robertson Act, being c. 899, 50 Stat. 917, approved September 2, 1937, and also designated as 16 U.S.C. §§ 669-669j, providing federal aid to states in wildlife restoration projects.

      2.  The commission [may, and it is authorized and empowered, but not required to,] shall do any and all things necessary to obtain for the State of Nevada the benefits provided in the Act of Congress.

      Sec. 2.  NRS 501.117 is hereby amended to read as follows:

      501.117  1.  The State of Nevada hereby assents to the provisions of the Act of Congress known as the Dingell-Johnson Act, being c. 658, 64 Stat. 430, approved August 9, 1950, 16 U.S.C. §§ 777 to 777k, inclusive, providing federal aid to states in fish restoration and management projects.

      2.  The commission [may] shall do all things necessary to obtain for the State of Nevada the benefits provided by such Act of Congress.

      Sec. 3.  NRS 501.171 is hereby amended to read as follows:

      501.171  1.  [The] A county advisory board to manage wildlife shall submit written nominations for appointments to the commission upon the request of the governor and may submit nominations at any other time.

      2.  After consideration of the written nominations submitted by a county advisory board to manage wildlife and any additional candidates for appointment to the commission, the governor shall appoint to the commission:

      (a) One member who is actively engaged in the conservation of wildlife;

      (b) One member who is actively engaged in farming;

      (c) One member who is actively engaged in ranching;

      (d) [Four members who represent the interests of sportsmen; and

      (e) Two members who represent] One member who represents the interests of the general public [.

      2.] ; and


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ê1995 Statutes of Nevada, Page 2585 (Chapter 673, AB 307)ê

 

      (e) Five members who during at least 3 of the 4 years immediately preceding their appointment held a resident license to fish or hunt, or both, in Nevada.

      3.  The governor shall not appoint to the commission any person who has been convicted of:

      (a) A gross misdemeanor for a violation of NRS 501.376, 502.060 or 504.395; or

      (b) Two or more violations of the provisions of chapters 501 to 504, inclusive, of NRS,

during the previous 10 years.

      [3.] 4.  Not more than three members may be from the same county [.

      4.] whose population is 400,000 or more, not more than two members may be from the same county whose population is 100,000 or more but less than 400,000, and not more than one member may be from the same county whose population is less than 100,000.

      5.  The commission shall annually select a chairman and a vice chairman from among its members. A person shall not serve more than two consecutive terms as chairman.

      Sec. 4.  NRS 501.177 is hereby amended to read as follows:

      501.177  1.  The commission may hold [at least] not more than nine meetings regularly each year based on need and the requests submitted by the county advisory boards to manage wildlife.

      2.  Special meetings of the commission may be held at such times and places as the commission deems proper.

      3.  Five members of the commission constitute a quorum for the transaction of any business which may come before the commission.

      Sec. 5.  NRS 501.337 is hereby amended to read as follows:

      501.337  The administrator shall:

      1.  Carry out the policies and regulations of the commission.

      2.  Direct and supervise all administrative and operational activities of the division, and all programs administered by the division as provided by law. He shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.

      3.  Within such limitations as may be provided by law, organize the division and, from time to time [,] with the consent of the commission, alter the organization . [and] The administrator shall reassign responsibilities and duties as he may deem appropriate.

      4.  Appoint or remove such technical, clerical and operational staff as the execution of his duties and the operation of the division may require, and all those employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The administrator shall designate a number of employees as game wardens and provide for their training.

      5.  Submit technical and other reports to the commission as may be necessary or as may be requested, which will enable the commission to establish policy and regulations.

      6.  Prepare the biennial budget of the division consistent with the provisions of this Title and chapter 488 of NRS [.] and submit it to the commission for its review and comment.


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ê1995 Statutes of Nevada, Page 2586 (Chapter 673, AB 307)ê

 

      7.  Administer real property assigned to the division.

      8.  Maintain full control, by proper methods and inventories, of all personal property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.

      9.  Act as nonvoting secretary to the commission.

      Sec. 6.  NRS 501.341 is hereby amended to read as follows:

      501.341  The headquarters of the division must be maintained at Reno. Other offices may be established throughout the state in number and location as will, in the opinion of the administrator [,] and commission, provide an efficient divisional operation.

      Sec. 7.  NRS 501.356 is hereby amended to read as follows:

      501.356  1.  Money received by the division from:

      (a) The sale of licenses;

      (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

      (c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;

      (d) Appropriations made by the legislature; and

      (e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the wildlife heritage trust account pursuant to section 1 of [this act,] Senate Bill No. 230 of this session,

must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

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

      3.  [The] Except as otherwise provided in subsection 4, the division may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

      4.  Except as otherwise provided in NRS 502.250, 502.310 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the wildlife account pursuant to the provisions of this Title must be accounted for separately and may be used only for the management of wildlife.

      Sec. 8.  1.  The governor shall extend to October 1, 1995, the terms of the four persons:

      (a) Who are incumbent members of the board of wildlife commissioners on June 30, 1995; and

      (b) Whose respective terms would otherwise expire on July 1, 1995.

      2.  As soon as practicable on or after October 1, 1995, the governor shall appoint four successor members who are qualified pursuant to NRS 501.171, as amended by section 3 of this act, to the board of wildlife commissioners. The governor shall appoint:

      (a) To replace the incumbent member who had been actively engaged in ranching, one member who is qualified pursuant to paragraph (c) of subsection 2 of NRS 501.171, to an initial term ending on July 1, 1998.

      (b) To replace one of the incumbent members who had been appointed to represent the interests of sportsmen, one member who is qualified pursuant to paragraph (e) of subsection 2 of NRS 501.171, to an initial term ending on July 1, 1996.


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ê1995 Statutes of Nevada, Page 2587 (Chapter 673, AB 307)ê

 

paragraph (e) of subsection 2 of NRS 501.171, to an initial term ending on July 1, 1996.

      (c) To replace one of the incumbent members who had been appointed to represent the interests of sportsmen, one member who is qualified pursuant to paragraph (e) of subsection 2 of NRS 501.171, to an initial term ending on July 1, 1998.

      (d) To replace the incumbent member who had been appointed to represent the interests of the general public, one member who is qualified pursuant to paragraph (e) of subsection 2 of NRS 501.171, to an initial term ending on July 1, 1998.

      Sec. 9.  Notwithstanding the amendatory provisions of section 3 of this act, terms served as chairman of the board of wildlife commissioners before July 1, 1997, must not be considered in applying the limitation on consecutive terms.

      Sec. 10.  1.  The board of wildlife commissioners shall investigate and study the interaction between:

      (a) The board of wildlife commissioners;

      (b) The county advisory boards to manage wildlife;

      (c) Public and private organizations whose members are actively engaged in fishing, hunting or the conservation of wildlife; and

      (d) Any other private or governmental entity that the board of wildlife commissioners deems appropriate.

The study must include, but is not limited to, an investigation of the manner in which these entities communicate and make decisions.

      2.  The board of wildlife commissioners shall, on or before December 1, 1996, deliver a report of its findings and any recommended legislation to the director of the legislative counsel bureau for transmittal to the members of the 69th session of the Nevada legislature.

      Sec. 11.  1.  This section and section 8 of this act become effective on July 1, 1995.

      2.  Sections 1, 2, and 4 to 7, inclusive, of this act become effective on October 1, 1995.

      3.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 2588ê

 

CHAPTER 674, AB 406

Assembly Bill No. 406–Assemblymen Allard, Nolan, Bennett, Manendo, Steel, Anderson, Sandoval, Carpenter, Ohrenschall, Segerblom, Giunchigliani, Ernaut, Marvel, Arberry, Tiffany, Evans, Price, Hettrick, Perkins, Close, Chowning, Harrington, Spitler and Fettic

CHAPTER 674

AN ACT making a contingent appropriation to Clark County for improvements to the fairgrounds for the Clark County fair; and providing other matters properly relating thereto.

 

[Approved July 6, 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 Clark County the sum of $250,000 for improvements to the fairgrounds for the Clark County fair.

      Sec. 2.  The state controller shall not transfer any money from the appropriation made by section 1 of this act unless Clark County presents evidence satisfactory to the state controller that at least an equal amount of money has been committed for expenditure from a source other than the State of Nevada for improvements to the fairgrounds.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after completion of the project and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 675, AB 270

Assembly Bill No. 270–Committee on Ways and Means

CHAPTER 675

AN ACT making an appropriation to the department of transportation for the construction of a highway between the Patrick interchange of Interstate Highway No. 80 and Storey County; and providing other matters properly relating thereto.

 

[Approved July 6, 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 transportation the sum of $1,500,000 for the construction of a highway between the Patrick interchange of Interstate Highway No. 80 and Storey County.

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


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ê1995 Statutes of Nevada, Page 2589 (Chapter 675, AB 270)ê

 

and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 676, AB 113

Assembly Bill No. 113–Assemblymen Dini, Fettic, Hettrick and Ernaut

CHAPTER 676

AN ACT making a contingent appropriation to the Tricounty Railway Commission of Carson City and Lyon and Storey counties for restoration of the railroad line from Virginia City to Carson City; and providing other matters properly relating thereto.

 

[Approved July 6, 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 Tricounty Railway Commission of Carson City and Lyon and Storey counties the sum of $5,000,000 for the establishment of a railroad line similar to the former Virginia & Truckee Railroad from Virginia City through the Gold Hill area to Carson City, including, without limitation:

      (a) Acquisition of the right of way necessary for the railway and any appurtenances thereto;

      (b) Construction of the track, including any necessary preparation of the underlying surface; and

      (c) Purchase or other acquisition of any associated equipment.

      2.  The appropriation made by subsection 1 is contingent upon:

      (a) The Tricounty Railway Commission obtaining money from any public or private source in an amount of $15,000,000 for support of the establishment of the railroad line.

      (b) The Tricounty Railway Commission entering into a written agreement with the state board of examiners to repay the amount of this appropriation by transferring to the state treasurer at least 6 percent of the price charged or $1 per ticket sold, whichever is greater, per person to ride upon the railroad line once it is completed until the amount of the appropriation has been repaid. The agreement must set forth the terms of repayment.

      (c) The receipt by the state board of examiners of a first security interest in favor of the State of Nevada upon the railroad track, the right of way acquired and all equipment and other assets of the Tricounty Railway Commission to the extent necessary, as determined by the state board of examiners, to secure the repayment of the appropriation made by subsection 1.

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


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ê1995 Statutes of Nevada, Page 2590 (Chapter 676, AB 113)ê

 

and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 677, SB 274

Senate Bill No. 274–Senator McGinness

CHAPTER 677

AN ACT making an appropriation to the Lincoln County school district for increased costs of construction of the elementary school in Alamo; and providing other matters properly relating thereto.

 

[Approved July 6, 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 Lincoln County school district the sum of $250,000 for increased costs of construction of the elementary school located in Alamo and for books and materials for the 1995-96 school year.

      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 678, AB 351

Assembly Bill No. 351–Committee on Ways and Means

CHAPTER 678

AN ACT making an appropriation to the City of Las Vegas for the California-Nevada Super Speed Ground Transportation Commission; and providing other matters properly relating thereto.

 

[Approved July 6, 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 City of Las Vegas the sum of $250,000 for funding of the activities of the California-Nevada Super Speed Ground Transportation Commission.

      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.


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ê1995 Statutes of Nevada, Page 2591 (Chapter 678, AB 351)ê

 

reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 679, SB 392

Senate Bill No. 392–Committee on Judiciary

CHAPTER 679

AN ACT relating to prisons; specifying the manner for transporting prisoners to court; revising the provisions governing the deduction from an offender’s wages for deposit in the fund for new construction of facilities for prison industries; providing that interest and income on accounts of offenders in the prisoners’ personal property fund must be deposited in the offenders’ store fund; authorizing the director to make certain deductions from the account of an offender and from wages earned by an offender and providing the priority in which such deductions must be made; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, when an offender is required or requested to appear before a court in this state, the department of prisons shall transport the offender to and from court on the day scheduled for his appearance.

      2.  If notice is not provided within the time set forth in NRS 50.215, the department shall transport the offender to court on the date scheduled for his appearance if it is possible to transport the offender in the usual manner for the transportation of offenders by the department. If it is not possible for the department to transport the offender in the usual manner:

      (a) The department shall make the offender available on the date scheduled for his appearance to provide testimony by telephone or by video, if so requested by the court.

      (b) The department shall provide for special transportation of the offender to and from the court, if the court so orders. If the court orders special transportation, it shall order the county in which the court is located to reimburse the department for any cost incurred for the special transportation.

      (c) The court may order the county sheriff to transport the offender to and from the court at the expense of the county.

      Sec. 2.  NRS 209.192 is hereby amended to read as follows:

      209.192  1.  There is hereby created in the state treasury a fund for new construction of facilities for prison industries as a fund for construction of capital projects. [From] The director shall deposit in the fund the deductions made pursuant to subparagraph 2 of paragraph (a) or subparagraph 2 of paragraph (b) of subsection 1 of NRS 209.463 . [, the director shall deposit in the fund an amount equal to 5 percent of the gross wages earned by offenders employed in the industrial and agricultural programs administered by the assistant director for industrial programs.]


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ê1995 Statutes of Nevada, Page 2592 (Chapter 679, SB 392)ê

 

offenders employed in the industrial and agricultural programs administered by the assistant director for industrial programs.] The money in the fund must only be expended to house new industries in the industrial program which will provide additional employment of offenders. The money in the fund must not be expended for relocating an existing industry in the industrial program.

      2.  Before money in the fund may be expended for construction, the director shall submit a proposal for the expenditure to the state board of examiners. Upon making a determination that the proposed expenditure is appropriate and necessary, the state board of examiners shall recommend to the interim finance committee, or the senate standing committee on finance and the assembly standing committee on ways and means when the legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.

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

      Sec. 3.  NRS 209.241 is hereby amended to read as follows:

      209.241  1.  The director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the director, and valuables belonging to an offender at the time of his incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender and shall deposit the money in the prisoners’ personal property fund, which is hereby created as a trust fund.

      2.  The director:

      (a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the board relating to the money and valuables as may be required from time to time.

      (b) May permit withdrawals for immediate expenditure by an offender for personal needs.

      (c) Shall pay over to each offender upon his release any remaining balance in his individual account.

      3.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the [fund.] offenders’ store fund.

      4.  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 prisoners’ personal property 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 prisoners’ personal property fund.

      Sec. 4.  NRS 209.461 is hereby amended to read as follows:

      209.461  1.  The director shall:

      (a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.

      (b) [To] Except as otherwise provided in this paragraph, to the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The director shall require as a condition of employment that an offender sign an authorization for the deductions from his wages made pursuant to NRS 209.463.


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

ê1995 Statutes of Nevada, Page 2593 (Chapter 679, SB 392)ê

 

shall require as a condition of employment that an offender sign an authorization for the deductions from his wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the director to make the deductions pursuant to NRS 209.463.

      (c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. [If restitution to a specific person is not being paid, the director shall deduct an amount he deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.]

      (d) Provide equipment, space and management for services and manufacturing by offenders.

      (e) Employ craftsmen and other personnel to supervise and instruct offenders.

      (f) Except as otherwise provided in NRS 209.383, contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.

      (g) Contract for the use of offenders’ services and for the sale of goods manufactured by offenders.

      2.  Every program for the employment of offenders established by the director must:

      (a) Employ the maximum number of offenders possible;

      (b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;

      (c) Have an insignificant effect on the number of jobs available to the residents of this state; and

      (d) Provide occupational training for offenders.

      3.  Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the director must result in a profit for the department. The following must not be included in determining whether there is a profit for the department:

      (a) Fees credited to the fund for prison industries pursuant to NRS 482.268, any revenue collected by the department for the leasing of space, facilities or equipment within the institutions or facilities of the department and any interest or income earned on the money in the fund for prison industries.

      (b) The selling expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, “selling expenses” means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.

      (c) The general and administrative expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, “general and administrative expenses” means the salary of the assistant director of industrial programs and the salaries of any other personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.


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ê1995 Statutes of Nevada, Page 2594 (Chapter 679, SB 392)ê

 

assistant director of industrial programs and the salaries of any other personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.

      4.  The director may, with the approval of the board:

      (a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.

      (b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.

      5.  The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the state or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.

      Sec. 5.  NRS 209.463 is hereby amended to read as follows:

      209.463  1.  [The] Except as otherwise provided in subsection 3, the director may [deduct] make the following deductions, in the following order of priority, from the wages earned by an offender from any source during his incarceration:

      (a) [An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department; and

      (b) Such amounts as the director considers reasonable to meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime and for expenses related to extradition in accordance with NRS 179.225.] If the offender’s hourly wage is equal to or greater than the federal minimum wage:

             (1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.

             (2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.

             (3) An amount determined by the director for deposit in the offender’s individual account in the prisoners’ personal property fund.

             (4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.

             (5) An amount the director considers reasonable to meet any existing obligation of the offender for the support of his family.

             (6) Any deduction pursuant to NRS 209.246.

             (7) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.


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

ê1995 Statutes of Nevada, Page 2595 (Chapter 679, SB 392)ê

 

             (8) An amount the director considers reasonable to meet any existing obligation of the offender for restitution to any victim of his crime.

             (9) An amount the director considers reasonable to pay the balance of the administrative assessments included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid administrative assessments included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender’s wages pursuant to this subparagraph must be submitted:

             (I) If the offender does not have any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

             (II) If the offender has any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any administrative assessment is owing, until the balance owing has been paid.

             (10) An amount the director considers reasonable to pay the balance of the fines included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid fines included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender’s wages pursuant to this subparagraph must be submitted:

             (I) If the offender does not have any fines owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

             (II) If the offender has any fines owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.

The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.

      (b) If the offender’s hourly wage is less than the federal minimum wage:

             (1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.

             (2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.

             (3) An amount determined by the director for deposit in the offender’s individual account in the prisoners’ personal property fund.

             (4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.

             (5) Any deduction pursuant to NRS 209.246.

             (6) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.


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

ê1995 Statutes of Nevada, Page 2596 (Chapter 679, SB 392)ê

 

his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.

The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.

      2.  Except as otherwise provided in subsection 3, the director may make the following deductions, in the following priority, from any money deposited in an offender’s account from any source other than his wages:

      (a) Any deduction pursuant to NRS 209.246.

      (b) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.

The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.

      3.  The director shall not make any deduction from the offender’s individual account in the prisoners’ personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an offender’s account required before such other deductions or withdrawals from the account may be made by the director or the offender.

      4.  Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.

      5.  The director may reduce or eliminate any deduction authorized pursuant to subsection 1 from the wages of any offender to the extent necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.

      Sec. 6.  NRS 50.215 is hereby amended to read as follows:

      50.215  1.  A person imprisoned in the state prison or in a county jail may be examined as a witness in the district court pursuant to this section. [Such examination can] The examination may only be made on motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.

      2.  In a civil action, if the witness is imprisoned in the county where the action or proceeding is pending, his production may [, in the discretion of] be required by the court or judge . [, be required; in] In all other cases his examination, when allowed, [shall] must be taken upon deposition.

      3.  In a criminal action, an order for that purpose may be made by the district court or district judge, at chambers, and executed by the sheriff of the county where the action is pending. [The] Except as otherwise provided by section 1 of this act, the judge may order the sheriff to bring the prisoner before the court at the expense of the state or [, in his discretion,] at the expense of the defendant.


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

ê1995 Statutes of Nevada, Page 2597 (Chapter 679, SB 392)ê

 

      4.  If a person imprisoned in the state prison is required or requested to appear as a witness in any action, the department of prisons must be notified in writing:

      (a) Not less than 7 business days before the date scheduled for his appearance in court if the offender is incarcerated:

             (1) In a prison located not more than 65 miles from Carson City;

             (2) In a prison located not more than 40 miles from Las Vegas; or

             (3) In a prison located not more than 95 miles from Ely.

      (b) Not less than 14 business days before the date scheduled for his appearance in court if the offender is incarcerated in a prison which is located at a distance which exceeds those specified in paragraph (a).

 

________

 

 

CHAPTER 680, SB 516

Senate Bill No. 516–Committee on Judiciary

CHAPTER 680

AN ACT relating to credit; adopting separate provisions to govern credit cards issued by financial institutions or their agents; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 8 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 19, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Authorized user” means any person granted express, implied or apparent authority to use the credit card or credit card account of a cardholder. The terms includes a secondary cardholder.

      Sec. 4.  “Beneficial use” means any use made of the credit card or credit card account of a cardholder by a person other than the cardholder that results in a direct or indirect benefit to the cardholder or any member of the cardholder’s immediate family.

      Sec. 5.  “Cardholder” means a person:

      1.  Who establishes a credit card account;

      2.  Whose name appears on the credit card issued on that account; and

      3.  Who is liable for the payment of all charges incurred on that account.

      Sec. 6.  “Credit card” means any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.


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

ê1995 Statutes of Nevada, Page 2598 (Chapter 680, SB 516)ê

 

      Sec. 7.  “Credit card account” means an open line of credit offered by an issuer to a cardholder which is accessed by obtaining money, property, goods, services or anything of value by the use of a credit card.

      Sec. 8.  “False or fraudulent application” means any written request for the issuance of a credit card, whether or not on a form prescribed by an issuer, that contains an intentional error or mistake regarding any material fact.

      Sec. 9.  “Financial institution” means:

      1.  A bank, commercial bank or banking corporation as defined in NRS 657.016;

      2.  A banking institution which is authorized to issue credit cards pursuant to federal or state law;

      3.  A banking subsidiary owned by a bank holding company pursuant to 12 U.S.C. § 1841, or by a savings and loan holding company pursuant to 12 U.S.C. § 1467a(a)(1)(D); and

      4.  Any other federally regulated banking institution.

      Sec. 10.  1.  “Interest,” however denominated or expressed, means the amount which is paid or payable for the privilege of purchasing goods or services with a credit card to be paid for in installments over a period that is longer than the grace period allowed by the issuer during which no payment is due.

      2.  The term includes:

      (a) Annual membership fees;

      (b) Charges for the delinquent payment of an installment;

      (c) Charges for a check or other negotiable instrument that is submitted for the payment of an installment and is drawn on an account with insufficient money to pay the installment;

      (d) Charges for the extension of credit in excess of the limit prescribed by the issuer; and

      (e) Any other charge or fee to which the issuer and cardholder agree.

      3.  The term does not include premiums paid for insurance, attorney’s fees, court costs or fees required to file any civil action.

      Sec. 11.  “Issuer” means a financial institution, or an authorized agent of a final institution, that issues a credit card.

      Sec. 12.  “Joint account” means a credit card account for which two or more persons agree in writing to be jointly and severally liable for all authorized charges incurred on the account.

      Sec. 13.  “Secondary cardholder” means a person whose name appears on a credit card at the request of the cardholder for the purpose of authorizing that person to use the credit card account of the cardholder.

      Sec. 14.  “Service provider” means any financial institution or organization retained by an issuer pursuant to a written agreement to provide services related to the administration of credit card accounts.

      Sec. 15.  1.  An issuer located in this state shall not issue a credit card to a cardholder unless he first receives a written or oral request from the cardholder for the issuance of the credit card.

      2.  An issuer shall provide the cardholder with the terms and conditions that govern the use of the credit card, in writing, before or at the time of the receipt of the credit card. A cardholder shall be deemed to have accepted the written terms and conditions provided by the issuer upon subsequent actual use of the credit card.


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

ê1995 Statutes of Nevada, Page 2599 (Chapter 680, SB 516)ê

 

written terms and conditions provided by the issuer upon subsequent actual use of the credit card.

      3.  The rate of interest charged, and any other fees or charges imposed for the use of the credit card, must be in an amount agreed upon by the issuer and cardholder.

      4.  An issuer may unilaterally change any term or condition for the use of a credit card without prior written notice to the cardholder unless the change will adversely affect or increase the costs to the cardholder for the use of the credit card. If the change will increase such costs, the issuer shall provide notice to the cardholder of the change at least 30 days before the change becomes effective.

      5.  Unless otherwise stated as a term or condition, the law of this state governs all transactions relating to the use of a credit card if an issuer, or the service provider of an issuer, is located in this state.

      Sec. 16.  1.  A cardholder is personally liable for all charges incurred on his credit card account by:

      (a) The cardholder or an authorized user; and

      (b) Any other person if the charges result in a beneficial use to the cardholder.

      2.  An authorized user is jointly and severally liable for the actual charges he incurs on the credit card account of the cardholder.

      3.  Any person, other than the cardholder or an authorized user, is liable for all charges he incurs on the credit card account of the cardholder, except for the amount for which the cardholder is liable pursuant to 15 U.S.C. § 1643.

      4.  Any person who causes an issuer to open a credit card account based on a false or fraudulent application is liable to the issuer for all charges incurred on the account, without regard to whether the charges were authorized by the person responsible for opening the account.

      Sec. 17.  1.  Notwithstanding the provisions of chapter 52 of NRS, in any action brought to collect a debt owed to an issuer:

      (a) The issuer may establish that the cardholder is contractually liable for the debt owed by submitting the written application for a credit card account submitted to the issuer by the cardholder or evidence that the cardholder incurred charges on the account and made payments thereon.

      (b) The amount owed may be established by photocopies of:

             (1) The periodic billing statements provided by the issuer; or

             (2) Information stored by the issuer on a computer, microfilm, microfiche or optical disc which indicate the amount of the debt owed.

      2.  The content of such records must be authenticated:

      (a) Pursuant to the procedures set forth in NRS 52.450 to 52.480, inclusive; or

      (b) By the submission of a written affidavit sufficient to establish:

             (1) The affiant as the custodian of the written records offered as evidence;

             (2) That the written records offered as evidence were made in the ordinary course of the issuer’s business; and

             (3) That the written records are true and correct copies of the records retained by the issuer.


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

ê1995 Statutes of Nevada, Page 2600 (Chapter 680, SB 516)ê

 

      3.  The liability of a person other than the cardholder for the amount of any debt owed to an issuer may be established by evidence indicating that the person caused the charge to be incurred on the credit card account.

      4.  An issuer shall retain any record necessary to establish the existence and amount of any debt owed to the issuer for at least 24 months after the record is first published, issued or filed.

      Sec. 18.  1.  An issuer or service provider shall be deemed to be a payee with respect to any payment made on a credit card account of a cardholder by a check or other negotiable instrument.

      2.  Upon the posting of a payment on a credit card account of a cardholder by the issuer or service provider, an issuer has changed its position in reliance thereon if the payment was made by check or other negotiable instrument.

      3.  A payment made on a credit card account of a cardholder by a check or other negotiable instrument is received by the issuer in good faith if the issuer did not have actual knowledge that the check or other negotiable instrument was forged, altered or unauthorized when it was posted to the account.

      4.  An action or proceeding brought to determine liability for an allegedly forged, altered or unauthorized check or other negotiable instrument used to make a payment on a credit card account of a cardholder must be determined pursuant to the provisions of chapter 104 of NRS.

      Sec. 19.  1.  If an issuer is a subsidiary directly or indirectly owned by a bank holding company as defined in 12 U.S.C. § 1841, a savings and loan holding company as defined in 12 U.S.C. § 1467a(a)(1)(D) or a holding company of any other financial institution, information relating to the credit card account of a cardholder may be transferred to and used by other subsidiaries owned by the same bank holding company, savings and loan holding company or holding company of any other financial institution. For the purposes of this subsection, any bank holding company, savings and loan holding company or holding company of any other financial institution shall be deemed the owner of a subsidiary if it or a subsidiary corporation owns 80 percent or more of the stock of a subsidiary or 80 percent or more of the stock of the corporation that owns a subsidiary.

      2.  An issuer may transfer information relating to the credit card account of a cardholder to any person, other than a secondary cardholder, whose name appears on the face of the credit card of the cardholder.

      Sec. 20.  NRS 97.015 is hereby amended to read as follows:

      97.015  As used in this chapter, [the following terms have the meanings attributed to them in NRS 97.021 to 97.145, inclusive,] unless the context otherwise requires [.] , the words and terms defined in NRS 97.025 to 97.145, inclusive, have the meanings ascribed to them in those sections.

      Sec. 21.  NRS 97.085 is hereby amended to read as follows:

      97.085  “Retail buyer” or “buyer” means a person [or a cardholder] who buys or hires goods [,] from, or gives or agrees to give a security interest in goods [, or agrees to do so,] to, or agrees to have services rendered or furnished from a retail seller.

      Sec. 22.  NRS 97.095 is hereby amended to read as follows:

      97.095  “Retail charge agreement,” “revolving charge agreement” or “charge agreement” means an agreement entered into or performed in this state prescribing the terms of retail installment transactions [which may be made thereunder from time to time by use of a credit card issued by the seller, by a business organization or financial institution, or otherwise] and under the terms of which interest is to be computed in relation to the buyer’s unpaid balance from time to time.


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

ê1995 Statutes of Nevada, Page 2601 (Chapter 680, SB 516)ê

 

state prescribing the terms of retail installment transactions [which may be made thereunder from time to time by use of a credit card issued by the seller, by a business organization or financial institution, or otherwise] and under the terms of which interest is to be computed in relation to the buyer’s unpaid balance from time to time.

      Sec. 23.  NRS 97.125 is hereby amended to read as follows:

      97.125  “Retail seller” or “seller” means [:

      1.  A] a person engaged in the business of selling goods or services to retail buyers . [; or

      2.  A business organization or financial institution which issues or otherwise distributes a credit card to be used in connection with a retail charge agreement.]

      Sec. 24.  NRS 97.021, 97.023, 97.027, 97.049, 97.254 and 97.303 are hereby repealed.

 

________

 

 

CHAPTER 681, SB 490

Senate Bill No. 490–Senator Augustine (by request)

CHAPTER 681

AN ACT relating to manufactured homes; expanding the definition of “manufactured home” to include any structure built in compliance with chapter 461 of NRS for the purposes of various provisions of the Nevada Revised Statutes and as used in the Sales and Use Tax Act; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

      The administrator or his designee shall regulate, in accordance with the standards established by the regulations of the division pursuant to chapter 461 of NRS, a structure built in compliance with the requirements of chapter 461 of NRS.

      Sec. 2.  NRS 489.113 is hereby amended to read as follows:

      489.113  1.  “Manufactured home” means a structure which is:

      (a) Built on a permanent chassis;

      (b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;

      (c) Transportable in one or more sections; and

      (d) Eight feet or more in body width or 40 feet or more in body length when transported, or, when erected on site, contains 320 square feet or more.

      2.  The term includes:

      (a) The plumbing, heating, air-conditioning and electrical systems of the structure.

      (b) Any structure:

             (1) Which meets the requirements of paragraphs (a) to (c), inclusive, of subsection 1 [; and


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

ê1995 Statutes of Nevada, Page 2602 (Chapter 681, SB 490)ê

 

             (2) With] , and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) [.

      3.  The term does not include any structure built] ; or

             (2) Built in compliance with the requirements of chapter 461 of NRS.

 

________

 

 

CHAPTER 682, AB 622

Assembly Bill No. 622–Assemblyman Dini (by request)

CHAPTER 682

AN ACT relating to tobacco; requiring the attorney general to inspect for and enforce compliance with laws pertaining to the sale of tobacco and to report upon those inspections; prohibiting local governmental bodies from adopting restrictions regarding tobacco; revising provisions governing various crimes related to tobacco; prohibiting the sale of nontobacco products in a coin-operated vending machine containing cigarettes; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  1.  As necessary to comply with applicable federal law, the attorney general shall conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. For assistance in conducting any such inspection, the attorney general may contract with:

      (a) Any sheriff’s department;

      (b) Any police department; or

      (c) Any other person who will, in the opinion of the attorney general, perform the inspection in a fair and impartial manner.

      2.  If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child’s parent for such assistance.

      3.  A child assisting in an inspection pursuant to this section shall, if questioned about his age, state his true age and that he is under 18 years of age.

      4.  If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:

      (a) Refrain from altering or attempting to alter the child’s appearance to make him appear to be 18 years of age or older.

      (b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.


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

ê1995 Statutes of Nevada, Page 2603 (Chapter 682, AB 622)ê

 

      5.  The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:

      (a) Inform a representative of the business establishment from which the child attempted to purchase tobacco or products made from tobacco that an inspection has been performed and the results of that inspection.

      (b) Prepare a report regarding the inspection. The report must include the following information:

             (1) The name of the person who supervised the inspection and the position held by him;

             (2) The age and date of birth of the child who assisted in the inspection;

             (3) The name and position of the person from whom the child attempted to purchase tobacco or products made from tobacco;

             (4) The name and address of the establishment at which the child attempted to purchase tobacco or products made from tobacco;

             (5) The date and time of the inspection; and

             (6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco or products made from tobacco to the child.

      6.  No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.

      Sec. 4.  The attorney general shall compile the results of inspections performed pursuant to section 3 of this act during the immediately preceding fiscal year as is necessary to prepare and submit a report pursuant to 42 U.S.C. § 300x-26(b)(2)(B).

      Sec. 5.  NRS 202.2485 is hereby amended to read as follows:

      202.2485  As used in NRS 202.2485 to 202.2494, inclusive, [“health] and sections 2, 3 and 4 of this act:

      1.  “Distribute” includes furnishing, giving away or providing products made from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.

      2.  “Health authority” means the district health officer in a district, or his designee, or, if none, the state health officer, or his designee.

      Sec. 6.  NRS 202.249 is hereby amended to read as follows:

      202.249  1.  It is the public policy of the State of Nevada and the purpose of NRS 202.2491 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.

      2.  The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.

      3.  Health authorities, police officers of cities or towns, sheriffs and their deputies [,] and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491 [, 202.2492 and 202.2493. The] and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493 and 202.2494 and section 2 of this act.


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

ê1995 Statutes of Nevada, Page 2604 (Chapter 682, AB 622)ê

 

their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493 and 202.2494 and section 2 of this act.

      4.  An agency, board, commission or political subdivision of this state, including any agency, board, commission or governing body of a local government , shall not impose more stringent restrictions on the smoking , use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491 [and 202.2492.] , 202.2492, 202.2493 and 202.2494 and section 2 of this act.

      Sec. 7.  NRS 202.2493 is hereby amended to read as follows:

      202.2493  1.  A person shall not sell, distribute or offer to sell cigarettes or smokeless products made from tobacco in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100.

      2.  Except as otherwise provided in subsections [2 and] 3, 4 and 5, it is unlawful for any person [or persons, firm, association, corporation or managing agent of any person, firm, association or corporation] to sell, [give away] distribute or offer to sell cigarettes, cigarette paper , [or any] tobacco of any description or products made from tobacco to any [person] child under the age of 18 years.

      [2.  Upon the written order of the parent or guardian of the minor, the person applied to may give or sell to the minor, for the use of the guardian or parent, cigarettes, cigarette paper or tobacco of any description. The written request must be kept on file by the seller or giver of the article so sold or given away.

      3.  The superintendent of the Nevada youth training center and the superintendent of the Caliente youth center may sell or supply cigarettes, cigarette paper, tobacco or tobacco products to any minor 16 years of age or older confined in any institution under his supervision, if the guardian or parent of such minor consents thereto.

      4.  Any person violating any provision of this section shall be punished by a fine of not more than $500.

      5.  If any dealer in cigarettes, cigars and tobacco is convicted twice for the commission of the offense described in subsection 1, he forfeits his license or licenses for carrying on his business, and no license may be again granted to him for a like business in this state.] A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.

      3.  A person shall be deemed to be in compliance with the provisions of subsection 2 if, before he sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description or products made from tobacco, he:

      (a) Demands that the person present a valid driver’s license or other written or documentary evidence which shows that the person is 18 years of age or older;

      (b) Is presented a valid driver’s license or other written or documentary evidence which shows that the person is 18 years of age or older; and


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

ê1995 Statutes of Nevada, Page 2605 (Chapter 682, AB 622)ê

 

      (c) Reasonably relies upon the driver’s license or written or documentary evidence presented by the person.

      4.  The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco or products made from tobacco in the course of the child’s lawful employment, provide tobacco or products made from tobacco to the child.

      5.  With respect to any sale made by his employee, the owner of a retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if he:

      (a) Had no actual knowledge of the sale; and

      (b) Establishes and carries out a continuing program of training for his employees which is reasonably designed to prevent violations of subsection 2.

      6.  Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the state general fund to be used for the enforcement of this section, section 2 of this act and NRS 202.2494.

      Sec. 8.  NRS 202.2494 is hereby amended to read as follows:

      202.2494  1.  A cigarette vending machine must not be placed in a public area described in paragraph (a), (c), (e), (f), (g) or (h) of subsection 1 of NRS 202.2491, if minors are permitted access to that area.

      2.  A coin-operated vending machine containing cigarettes must not be used to dispense any product not made from tobacco.

      Sec. 9.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.

      Sec. 10.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 683, AB 637

Assembly Bill No. 637–Committee on Health and Human Services

CHAPTER 683

AN ACT relating to tobacco; making an appropriation to the office of the attorney general for the enforcement of certain provisions governing crimes related to tobacco; and providing other matters properly relating thereto.

 

[Approved July 6, 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 office of the attorney general for the purpose of enforcing NRS 202.2493, the sum of:

For the fiscal year 1995-96.................................................................. $60,000

For the fiscal year 1996-97.................................................................. $60,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.


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ê1995 Statutes of Nevada, Page 2606 (Chapter 683, AB 637)ê

 

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

 

________

 

 

CHAPTER 684, SB 442

Senate Bill No. 442–Committee on Transportation

CHAPTER 684

AN ACT relating to transportation; limiting the regulation of motor carriers and brokers by this state to matters not preempted by federal law; specifying certain matters concerning household goods; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 703.010 is hereby amended to read as follows:

      703.010  As used in this chapter [, “commission”] :

      1.  “Commission” means the public service commission of Nevada.

      2.  “Fully regulated carrier” has the meaning ascribed to it in section 7 of this act.

      Sec. 2.  NRS 703.191 is hereby amended to read as follows:

      703.191  1.  Each public utility, [common and contract motor] fully regulated carrier and broker [which is] of services regulated by the commission shall:

      (a) Keep uniform and detailed accounts of all business transacted in the manner required by the commission by regulation, and render them to the commission upon its request.

      (b) Furnish an annual report to the commission in the form and detail which it prescribes by regulation.

      2.  Except as otherwise provided in subsection 3, the reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.

      3.  A motor carrier may, with the permission of the commission, prepare the reports required by this section for a year other than a calendar year which the commission specifies, and submit them not later than a date specified by the commission in each year.

      4.  If the commission finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.

      Sec. 3.  NRS 703.310 is hereby amended to read as follows:

      703.310  1.  When a complaint is made against any public utility, [common or contract] fully regulated carrier or broker of regulated services by any person, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, or the service of any broker in connection therewith, or any regulation, measurement, practice or act affecting or relating to the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the division of consumer relations shall investigate the complaint.


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

ê1995 Statutes of Nevada, Page 2607 (Chapter 684, SB 442)ê

 

any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the division of consumer relations shall investigate the complaint. After receiving the complaint, the division shall give a copy of it to the public utility, carrier or broker against whom the complaint is made. Within a reasonable time thereafter, the public utility, carrier or broker shall provide the division with its written response to the complaint according to the regulations of the commission.

      2.  If the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint, the results of its investigation and its recommendation to the commission. If the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 703.320.

      Sec. 4.  NRS 703.374 is hereby amended to read as follows:

      703.374  1.  A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the commission if:

      (a) The applicant has filed a motion for a preliminary injunction;

      (b) The applicant has served the motion on the commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

      (c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

      (d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

      2.  The decision of the commission on each matter considered shall be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise the burden of proof is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.

      3.  If an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any public utility pursuant to NRS 704.070 to 704.110, inclusive, or by any [motor] fully regulated carrier pursuant to NRS 706.321 to 706.346, inclusive, or which otherwise prevents the schedule or any part thereof from taking effect, the public utility or [motor] carrier complaining may keep in effect or put into effect, as the case may be, the suspended schedule or any part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the rate or rates so suspended are finally determined by the court to be excessive.

      Sec. 5.  NRS 703.375 is hereby amended to read as follows:

      703.375  1.  If a court determines that the rate or rates considered by the commission are excessive, and that the public utility or [motor] fully regulated carrier has collected those excessive rates, the public utility or [motor] carrier shall compute and refund the excess or overpayment of the rate or rates pursuant to a plan approved by the commission:

 


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

ê1995 Statutes of Nevada, Page 2608 (Chapter 684, SB 442)ê

 

carrier shall compute and refund the excess or overpayment of the rate or rates pursuant to a plan approved by the commission:

      (a) For public utilities, within 60 days after the entry of the final judgment of the court.

      (b) For [motor] carriers, within 120 days after the entry of the final judgment of the court.

      2.  The public utility or [motor] carrier shall prepare and file with the commission a statement and report in affidavit form stating that all money has been refunded according to the approved plan, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of the refund must be listed in the report. The statement and report must be filed with the commission:

      (a) By the public utility within 90 days after the entry of final judgment.

      (b) By the [motor] carrier within 150 days after the entry of final judgment.

The public utility and the [motor] carrier shall pay the aggregate amount of the unpaid refunds to the commission.

      3.  The commission shall:

      (a) Retain the aggregate refunds in the public service commission regulatory fund subject to the claim of each person entitled thereto for his share in the refund; and

      (b) Pay all valid claims which are presented for payment within 2 years after the date of the entry of final judgment of the court.

All claimants must identify themselves to the satisfaction of the commission before payment may be made.

      4.  Any person has a right of action against the commission in the event of a refusal of the commission to pay his claim if the person’s name appears in the report filed by the public utility or [motor] carrier. This action against the commission must be brought within 6 months after the refusal to pay the claim.

      5.  The commission shall investigate every case in which a claim is presented to it by a person claiming a refund under a plan submitted by a public utility or [motor] carrier which was approved by the commission. If the investigation results in a refusal by the public utility or [motor] carrier to pay a valid claim, then the claimant has a right of action against the public utility or [motor] carrier.

      6.  Any unclaimed money which remains in the custody of the commission at the expiration of the 2-year period escheats to the state.

      Sec. 6.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 18, inclusive, of this act.

      Sec. 7.  “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the commission a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the commission.

      Sec. 8.  “Household goods” means any of the following:

      1.  Personal effects and property used or to be used in a dwelling which are part of the equipment or supply of the dwelling and such other similar property as the commission may provide by regulation. The term does not include property moving from a factory or store, except property that the householder has purchased with the intent to use in his dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder.


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

ê1995 Statutes of Nevada, Page 2609 (Chapter 684, SB 442)ê

 

include property moving from a factory or store, except property that the householder has purchased with the intent to use in his dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder.

      2.  Furniture, fixtures, equipment and the property of stores, offices, museums, institutions, hospitals or other establishments which are part of the stock, equipment or supply of the stores, offices, museums, institutions, hospitals or other establishments and such other similar property as the commission may provide by regulation. The term does not include the stock in trade of any establishment whether cosigner or consignee, other than used furniture and used fixtures, when transported as incidental to moving the establishment, or a portion of the establishment, from one location to another.

      3.  Articles, including objects of art, displays and exhibits, which because of their unusual nature or value require specialized handling and equipment usually employed in moving household goods and such other similar articles as the commission may provide by regulation. This subsection does not include any article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.

      Sec. 9.  “Transportation of households goods” means the transportation by motor vehicle of household goods between places within this state including:

      1.  The movement of household goods;

      2.  Any combination of packing, loading and unloading, incident to the movement of household goods; and

      3.  Any movement of household goods accomplished through the use of a rented or other vehicle not owned by the shipper which is driven by someone associated with an entity that has a commercial or financial interest in providing services related to the movement of household goods which are being transported.

      Sec. 10.  The department shall:

      1.  Regulate the activities of common and contract carriers of property other than fully regulated carriers.

      2.  Regulate the licensing of private motor carriers of property used for private commercial enterprises on any highway in this state.

      Sec. 11.  1.  A common carrier of property, other than a carrier of household goods, shall not operate as a carrier in intrastate commerce without first obtaining written approval from the department.

      2.  In addition to obtaining written approval pursuant to subsection 1, a carrier seeking to transport radioactive waste shall also obtain from the department the specific permits that are otherwise required to transport such waste.

      Sec. 12.  The department shall issue its written approval if it finds that the applicant:

      1.  Satisfies the requirements related to insurance specified pursuant to the provisions of NRS 706.291 and the requirements of NRS 706.296 if the applicant collects the purchase price of goods sold by the shipper;

      2.  Identifies the terminal facilities used to support vehicles which are used to provide services related to intrastate transportation;


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

ê1995 Statutes of Nevada, Page 2610 (Chapter 684, SB 442)ê

 

      3.  Acknowledges its understanding of the safety requirements applicable to its equipment and operations and agrees to operate in compliance therewith; and

      4.  Satisfies any other requirements related to safety or financial responsibility which the department has adopted by regulation.

      Sec. 13.  1.  The department may issue its written approval in conjunction with the registration or licensing of a carrier’s fleet or equipment or at such time as an application for the written approval is received.

      2.  If the department receives an application for written approval which is not submitted in conjunction with the registration or licensing of a carrier’s fleet or equipment, it may charge a fee not to exceed $50 to act upon that application.

      Sec. 14.  The written approval of the department is effective until the department cancels its written approval. The department may cancel its written approval if the carrier to whom the approval is issued:

      1.  Fails to maintain adequate insurance;

      2.  Does not notify the department of any changes in the location of his terminal facilities; or

      3.  Does not comply with any applicable requirements relating to safety or financial responsibility.

      Sec. 15.  1.  The commission may adopt regulations specifying the procedures to be used to administer and provide investigative support to the department in assisting the department in the issuance of permits to transport radioactive waste. Those regulations may include provisions:

      (a) Delegating to the staff of the commission the administrative function of providing verifications or findings of investigations concerning safety, financial obligations and insurance to the department, but the commission retains the authority to act upon any disputes regarding actions taken by the staff of the commission.

      (b) Requiring the commission to provide a copy of all verifications or investigative findings to the affected carrier.

      (c) Specifying the procedures to be used in acting upon any disputes that arise as a consequence of the administration and enforcement of this section by the commission.

      2.  The procedures adopted by the commission must not require the commission to issue any public notice regarding the investigations conducted for the purpose of assisting the department or of the verification or investigative findings the commission provides to the department beyond the notice to the affected carriers specified in paragraph (b) of subsection 1.

      Sec. 16.  Any person engaging in the intrastate transportation or storage of household goods shall comply with the following requirements:

      1.  A person requesting service must be provided with a written, binding estimate of the cost of providing the requested service at least 1 business day before the date on which the service is to be provided, unless the request for service is not made in time to meet the requirement.

      2.  The charges assessed for the service rendered may not exceed the amount in the written estimate, unless the customer requested services in addition to those included in the written estimate and agreed to pay additional charges.


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

ê1995 Statutes of Nevada, Page 2611 (Chapter 684, SB 442)ê

 

      3.  If the person for whom service was provided pays any amount consistent with the provisions of subsection 2, the provider of service shall release immediately any household goods that were transported or stored to that person.

      4.  If a person requesting service alleges that any household goods were damaged or lost, the person that provided the service shall:

      (a) Attempt to resolve the dispute; and

      (b) Identify the carrier of his insurance and explain the procedures to file a claim.

      5.  The provider of service shall advise all persons for whom service is to be performed of their right to file a complaint with the commission and provide the address and telephone number of the nearest business office of the commission.

      6.  Any other terms and conditions which the commission may by regulation prescribe to protect the public.

      Sec. 17.  1.  The provisions of section 16 of this act apply whether or not the person providing the service has received authority to operate from the commission.

      2.  The commission shall enforce the provisions of section 16 of this act and consider complaints regarding violations of the provisions of that section pursuant to the provisions of NRS 703.290, 703.300, 703.310 and 703.373 to 703.376, inclusive. In addition to any other remedies, the commission may order the release of any household goods that are being held by the provider of service subject to the terms and conditions that the commission determines to be appropriate and may order the refund of overcharges.

      3.  The commission may use the remedies provided in NRS 703.195, 706.457, 706.461, 706.756, 706.761, 706.771 and 706.779 and any other remedy available under other law.

      4.  The commission shall adopt regulations regarding the administration and enforcement of this section and section 16 of this act.

      Sec. 18.  1.  The provisions of NRS 706.386 and 706.421 do not apply to ambulances or hearses.

      2.  A common motor carrier who enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of regular routes and fixed schedules. Under such an agreement, the public entity shall establish the routes and fares and provide for any required safety inspections.

      3.  A nonprofit carrier of elderly or physically or mentally handicapped persons is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the commission to determine whether its vehicles and their operation are safe.

      4.  An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of bus transportation consisting of regular routes and fixed schedules to serve the public.


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

ê1995 Statutes of Nevada, Page 2612 (Chapter 684, SB 442)ê

 

      Sec. 19.  NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.013 to 706.791, inclusive, and sections 2 to 12, inclusive, of [this act,] Senate Bill No. 443 of this session and sections 7 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, and sections 7, 8 and 9 of this act have the meanings ascribed to them in those sections.

      Sec. 20.  NRS 706.151 is hereby amended to read as follows:

      706.151  1.  It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:

      (a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the commission the power and to make it the duty of the commission to regulate [common and contract motor] fully regulated carriers and brokers [, and to regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways of this state,] of regulated services to the extent provided in this charter and to confer upon the department the power to license all motor carriers and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the commission pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.

      (b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by using license fees, to provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.

      (c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and foster sound economic conditions in motor transportation.

      (d) To encourage the establishment and maintenance of reasonable charges for [motor transportation] intrastate transportation by fully regulated carriers without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity.

      (e) To discourage any practices which would tend to increase or create competition that may be detrimental to the traveling and shipping public or the motor carrier business within this state.

      2.  All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.

      Sec. 21.  NRS 706.156 is hereby amended to read as follows:

      706.156  1.  All common and contract motor carriers and brokers are hereby declared to be [:] , to the extent provided in this chapter:

      (a) Affected with a public interest; and

      (b) Subject to NRS 706.011 to 706.791, inclusive . [; and

      (c) Subject to the laws of this state, including]

      2.  Fully regulated carriers are subject to the regulation of rates, charges and services by the commission.

      [2.] 3.  A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier.


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ê1995 Statutes of Nevada, Page 2613 (Chapter 684, SB 442)ê

 

services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The commission shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that person’s affiliation, or lack of affiliation, with any group.

      Sec. 22.  NRS 706.166 is hereby amended to read as follows:

      706.166  The commission shall:

      1.  Subject to the limitation provided in NRS 706.168 [,] and to the extent provided in this chapter, supervise and regulate every [common and contract motor] fully regulated carrier and broker of regulated services in this state in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.

      2.  [Regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways.

      3.] Cooperate with the department in its issuance of permits by performing safety and operational investigations of all persons applying for a permit from the department to transport radioactive waste, and reporting its findings to the department.

      3.  Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the commission or the department by:

      (a) Providing training in safety;

      (b) Reviewing and observing the programs or inspections of the carrier relating to safety; and

      (c) Conducting inspections relating to safety at the operating terminals of the carrier.

      4.  To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more [motor] fully regulated carriers relating to:

      (a) Fares;

      (b) Rates;

      (c) Classifications;

      (d) Divisions;

      (e) Allowances; and

      (f) Charges, including charges between carriers and compensation paid or received for the use of facilities and equipment.

These regulations may not provide for collective agreements which restrain any party from taking free and independent action.

      Sec. 23.  NRS 706.168 is hereby amended to read as follows:

      706.168  The authority of the commission to supervise and regulate motor carriers and brokers respectively , to the extent provided in this chapter, must be exercised separately. A motor carrier is responsible only for his own acts and those of his employees or agents who are not brokers. A broker is responsible only for his own acts and those of his employees or agents who are not motor carriers.

      Sec. 24.  NRS 706.171 is hereby amended to read as follows:

      706.171  1.  The commission and the department may:


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ê1995 Statutes of Nevada, Page 2614 (Chapter 684, SB 442)ê

 

      [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.] (d) Examine, at any time during the business hours of the day, the books, papers and records of any fully regulated carrier, and of any other common, contract or private motor carrier doing business in this state [.] to the extent necessary for their respective duties. 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 requirement for a certificate or permit [requirement] when an emergency exists as defined in NRS 706.561.

      2.  The department may adopt regulations to ensure the payment of any fee due or authorized under the provisions of this chapter.

      Sec. 25.  NRS 706.226 is hereby amended to read as follows:

      706.226  No common, contract or private motor carrier [shall] may operate on any highway nor any broker of regulated services engage in business in this state except in accordance with the provisions of this chapter.

      Sec. 26.  NRS 706.285 is hereby amended to read as follows:

      706.285  All advertising by a [common or contract motor] fully regulated carrier of intrastate commerce must include the number of the certificate of public convenience and necessity or contract [carrier] carrier’s permit issued to him by the commission.

      Sec. 27.  NRS 706.291 is hereby amended to read as follows:

      706.291  1.  The commission shall require every [common and contract motor carrier,] fully regulated carrier and every operator of a tow car, within such time and in such amounts as the commission may designate, to file with the commission in a form required and approved by the commission a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety [and bonding] company, or other surety, in such reasonable sum as the commission may deem necessary to protect adequately the interests of the public.

      2.  [Such] The department shall require every other common and contract motor carrier and every private carrier, within such time and in such amounts as the department may designate, to file with the department in a form required and approved by the department a liability insurance policy, or a certificate of insurance in lieu thereof, a bond of a surety company, or other surety, in such reasonable sum as the department may deem necessary to protect adequately the interests of the public.


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ê1995 Statutes of Nevada, Page 2615 (Chapter 684, SB 442)ê

 

      3.  The liability insurance policy or certificate, policy or bond of a surety [and bonding] company or other surety [shall] must bind the obligors thereunder to pay the compensation for injuries to persons or for loss or damage to property resulting from the negligent operation of [such] the carrier.

      4.  The commission and the department may jointly prescribe by regulation the respective amounts and forms required by subsections 1 and 2.

      Sec. 28.  NRS 706.351 is hereby amended to read as follows:

      706.351  1.  It is unlawful for:

      (a) A [common or contract motor] fully regulated carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.

      (b) Any person other than those specifically enumerated in this section to receive any [such] pass, frank, free or reduced rates for transportation.

      2.  This section does not prevent the carriage, storage or hauling free or at reduced rates of passengers or property for charitable organizations or purposes for the United States, the State of Nevada or any political subdivision thereof.

      3.  This chapter does not prohibit [any] a fully regulated common carrier from giving free or reduced rates for transportation of persons to:

      (a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.

      (b) Inmates of hospitals or charitable institutions and persons over 60 years of age.

      (c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.

      (d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.

      (e) Persons providing relief in cases of common disaster.

      (f) Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.

      (g) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.

      (h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.

      (i) Students of institutions of learning.

      (j) Groups of persons participating in a tour for a purpose other than transportation.

      4.  This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:

      (a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.


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ê1995 Statutes of Nevada, Page 2616 (Chapter 684, SB 442)ê

 

      (b) Witnesses attending any legal investigations in which such carriers are interested.

      (c) Persons providing relief in cases of common disaster.

      (d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this state.

      5.  [This section does not prohibit a common motor carrier or broker from giving free or reduced rates for the transportation of groups of persons participating in a tour of an area if the tour is for a purpose other than transportation.

      6.] This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.

      6.  Only fully regulated common carriers may provide free or reduced rates for the transportation of passengers or household goods, pursuant to the provisions of this section.

      7.  As used in this section, “employees” includes:

      (a) Furloughed, pensioned and superannuated employees.

      (b) Persons who have become disabled or infirm in the service of such carriers.

      (c) Persons who are traveling to enter the service of such a carrier.

      Sec. 29.  NRS 706.386 is hereby amended to read as follows:

      706.386  [1.] It is unlawful, except as provided in NRS 373.117 [, 706.743, 706.746 and subsection 2,] and section 18 of this act, for any fully regulated common motor carrier to operate as a carrier of intrastate commerce within this state without first obtaining a certificate of public convenience and necessity from the commission.

      [2.  A nonprofit carrier of elderly or physically or mentally handicapped persons is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the commission to determine whether its vehicles and their operation are safe.]

      Sec. 30.  NRS 706.457 is hereby amended to read as follows:

      706.457  The commission may by subpoena require any person believed by it to be subject to any of the provisions of NRS 706.011 to 706.791, inclusive, who has not obtained a required certificate of public convenience and necessity or a required permit issued in accordance with those sections, to appear before it with all of his relevant books, papers and records and to testify concerning the scope, nature and conduct of his business.

      Sec. 31.  NRS 706.461 is hereby amended to read as follows:

      706.461  When:

      1.  A complaint has been filed with the commission alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract [carrier] carrier’s permit as required by NRS 706.011 to 706.791, inclusive; or

      2.  The commission has reason to believe that any:


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ê1995 Statutes of Nevada, Page 2617 (Chapter 684, SB 442)ê

 

      (a) Person is advertising [as a common or a contract motor carrier of] to provide the services of a fully regulated carrier in intrastate commerce without including the number of his certificate of public convenience and necessity or [contract carrier] permit in each advertisement; or

      (b) Provision of NRS 706.011 to 706.791, inclusive, is being violated, the commission shall investigate [such] the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive. The commission shall enforce compliance with [such] the order under the powers vested in the commission by NRS 706.011 to 706.791, inclusive, or by other law.

      Sec. 32.  NRS 706.736 is hereby amended to read as follows:

      706.736  1.  Except [for the provisions of subsection 4 of NRS 706.171 and NRS 706.281, 706.457 and 706.458,] as otherwise provided in subsection 2, none of the provisions of NRS 706.011 to 706.791, inclusive, or sections 2 to 18, inclusive, of this act apply to:

      (a) The transportation by a contractor licensed by the state [contractor’s] contractors’ board of his own equipment in his own vehicles from job to job.

      (b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

      (c) Special mobile equipment.

      (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

      (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      (f) A private motor carrier of property which is used to attend livestock shows and sales.

      2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

      (a) The provisions of subsection 4 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

      (b) All rules and regulations adopted by reference pursuant to subsection 2 of NRS 706.171 concerning the safety of drivers and vehicles.

      (c) All standards adopted by regulation pursuant to NRS 706.173.

      3.  The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the commission to issue certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

      4.  Any person who operates under a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.


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ê1995 Statutes of Nevada, Page 2618 (Chapter 684, SB 442)ê

 

penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.

      Sec. 33.  NRS 706.749 is hereby amended to read as follows:

      706.749  1.  [An employer may] The commission may issue a permit, valid for 1 year after the date of issuance, to an employer to transport his employees between their place of work and their homes or one or more central parking areas [without complying with any of the provisions of NRS 706.291 to 706.453, inclusive, 706.471 to 706.746, inclusive, 706.753 and 706.791.

      2.  The employer must file] if the employer files an application, on a form provided by the commission, showing:

      (a) The name of the employer;

      (b) The places where employees will be picked up and discharged, including the location of their place of work;

      (c) Identification of each [such] vehicle to be used and certification that it is owned or the subject of a long-term lease by the employer;

      (d) That each [such] vehicle is registered to and operated by the employer; and

      (e) Any charge which will be made for the service.

      [3.] 2.  The employer must pay a fee of $10 for each vehicle which he will regularly use to transport his employees.

      [4.] 3.  The employer must charge no fare for the use of the service, or no more than an amount required to amortize the cost of the vehicle and defray the cost of operating it.

      [5.] 4.  The commission [may issue a permit, valid for 1 year after the date of issue, to the employer, and] shall renew the permit upon [payment] receipt of a fee of $10 per vehicle regularly used to transport employees.

      Sec. 34.  NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, or by the commission or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;

      (d) Fails to obey any order, decision or regulation of the commission or the department;

      (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;

      (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;

      (g) Advertises as [a common or contract motor] providing the services of a fully regulated carrier without including the number of his certificate of public convenience and necessity or contract [carrier] carrier’s permit in each advertisement;

 


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ê1995 Statutes of Nevada, Page 2619 (Chapter 684, SB 442)ê

 

public convenience and necessity or contract [carrier] carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,

is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 [within 12 consecutive months] shall be punished:

      (a) For the first offense by a fine of not less than $500 nor more than $1,000;

      (b) For [the] a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or

      (c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.

      3.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      4.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 35.  NRS 706.761 is hereby amended to read as follows:

      706.761  1.  Any agent or person in charge of the books, accounts, records, minutes or papers of any private, common or contract motor carrier of passengers or household goods or broker of any of these services who refuses or fails for a period of 30 days to furnish the commission or department with any report required by either or who fails or refuses to permit any person authorized by the commission or department to inspect such books, accounts, records, minutes or papers on behalf of the commission or department is liable to a penalty in a sum of not less than $300 nor more than $500. The penalty may be recovered in a civil action upon the complaint of the commission or department in any court of competent jurisdiction.

      2.  Each day’s refusal or failure is a separate offense, and is subject to the penalty prescribed in this section.

      Sec. 36.  NRS 706.766 is hereby amended to read as follows:

      706.766  1.  It is unlawful for any [common or contract motor] fully regulated carrier to charge, demand, collect or receive a greater or less compensation for any service performed by it within the state or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the commission, or to demand, collect or receive any fare, rate or charge not specified.


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

ê1995 Statutes of Nevada, Page 2620 (Chapter 684, SB 442)ê

 

compensation for any service performed by it within the state or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the commission, or to demand, collect or receive any fare, rate or charge not specified. The rates, tolls and charges named therein are the lawful rates, tolls and charges until they are changed as provided in this chapter.

      2.  It is unlawful for any [common or contract motor] fully regulated carrier to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.

      3.  Any violation of the provisions of this section subjects the violator to the penalty prescribed in NRS 706.761.

      Sec. 37.  NRS 706.771 is hereby amended to read as follows:

      706.771  1.  Any [common or contract motor carrier or broker,] fully regulated carrier, broker of regulated services or other person who transports or stores household goods, or any agent or employee thereof, who violates any provision of this chapter, any lawful regulation of the commission or any lawful tariff on file with the commission or who fails, neglects or refuses to obey any lawful order of the commission or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of not more than $10,000 for any violation. The penalty [must] may be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.

      2.  If the commission does not bring an action to recover the penalty prescribed by subsection 1, the commission may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the commission or department pursuant to the provisions of this chapter. A fine imposed by the commission may be recovered by the commission only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.

      3.  All administrative fines imposed and collected by the commission pursuant to subsection 2 [must be] are payable to the state treasurer and must be credited to a separate account to be used by the commission to enforce the provisions of this chapter.

      4.  A penalty or fine recovered pursuant to this section is not a cost of service for purposes of rate making.

      Sec. 38.  Section 5 of Senate Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 5.  NRS 706.171 is hereby amended to read as follows:

       706.171  1.  The commission and the department may:

       (a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which they are each responsible.

       (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 Utility Commissioners.


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ê1995 Statutes of Nevada, Page 2621 (Chapter 684, SB 442)ê

 

       (c) Require such reports and the maintenance of such records as they determine to be necessary for the administration and enforcement of this chapter.

       (d) [Examine,] 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 fully regulated carrier, and of any other common, contract or private motor carrier doing business in this state to the extent necessary for their respective duties. 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.

       (e) Temporarily waive any requirement for a certificate or permit when an emergency exists as defined in NRS 706.561.

       2.  No personnel records of an employee of a fully regulated carrier, or of any other 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.  The department may adopt regulations to ensure the payment of any fee due or authorized under the provisions of this chapter.

       4.  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. 38.3.  Section 2 of Senate Bill No. 443 of this session is hereby amended to read as follows:

       Sec. 2.  The provisions of NRS 706.151 to [706.168,] 706.163, inclusive, 706.168, 706.311 to [706.453,] 706.436, inclusive, 706.471, 706.473, 706.475, 706.6411 to [706.753,] 706.749, inclusive, and 706.881 to 706.885, inclusive, do not apply to an operator of a tow car.

      Sec. 38.5.  Section 3 of Senate Bill No. 443 of this session is hereby amended to read as follows:

       Sec. 3.  1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

       (a) Obtain a certificate of operation from the commission before he provides any services other than those services which he provides as a private motor carrier of property pursuant to the provisions of this chapter;


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ê1995 Statutes of Nevada, Page 2622 (Chapter 684, SB 442)ê

 

       (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

       (c) Comply with the other requirements of sections 2 to 10, inclusive, of [this act.] Senate Bill No. 443 of this session.

       2.  The commission shall issue a certificate of operation to an operator of a tow car if it determines that the applicant:

       (a) Complies with the requirements of subsection 1;

       (b) Complies with the requirements of the regulations adopted by the commission pursuant to the provisions of this chapter; and

       (c) Has provided evidence that he has filed with the commission a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every [common and contract motor carrier] operator of a tow car pursuant to the provisions of NRS 706.291.

      Sec. 39.  NRS 706.161, 706.191, 706.401, 706.743, 706.746 and 706.753 are hereby repealed.

      Sec. 40.  1.  This section and sections 1 to 18, inclusive, 20 to 38, inclusive, and 39 of this act become effective on July 1, 1995.

      2.  Sections 19, 38.3 and 38.5 of this act become effective at 12:01 a.m. on July 1, 1995.

 

________

 

 

CHAPTER 685, AB 695

Assembly Bill No. 695–Committee on Elections and Procedures

CHAPTER 685

AN ACT relating to elections; creating a presidential preference primary election; requiring that the election be conducted by mail; establishing procedures for the selection of candidates for nomination for President of the United States; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  “Presidential preference primary election” means the election held pursuant to section 35 of this act.

      Sec. 3.  Early voting by personal appearance for a presidential preference primary election may be conducted only at the office of the county clerk.

      Sec. 4.  The provisions of NRS 293.217 to 293.255, inclusive, do not apply to a presidential preference primary election.

      Sec. 5.  The provisions of NRS 293.343 to 293.355, inclusive, do not apply to a presidential preference primary election.

      Sec. 6.  The provisions of NRS 293.363 to 293.397, inclusive, do not apply to a presidential preference primary election.


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ê1995 Statutes of Nevada, Page 2623 (Chapter 685, AB 695)ê

 

      Sec. 7.  NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 293.128 is hereby amended to read as follows:

      293.128  1.  To qualify as a major political party any organization must, under a common name:

      (a) On January 1 preceding any primary election [,] or September 1 of the year preceding the year in which a presidential preference primary election is held, have been designated as a political party on the affidavits of registration of at least 10 percent of the total number of registered voters in the state; or

      (b) File a petition with the secretary of state not later than the last Friday in April before any primary election or not later than January 1 preceding a presidential preference primary election, signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for Representative in Congress.

      2.  If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by at least one of its signers to the effect that the signers are registered voters of the state according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 65 days before the last Friday in April preceding a primary election [.] or 65 days before January 1 preceding a presidential preference primary election.

      3.  In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the secretary of state a certificate of existence which includes the:

      (a) Name of the political party;

      (b) Names and addresses of its officers;

      (c) Names of the members of its executive committee; and

      (d) Name of the person who is authorized by the party to act as resident agent in this state.

      4.  A political party shall file with the secretary of state an amended certificate of existence within 5 days after any change in the information contained in the certificate.

      Sec. 9.  NRS 293.163 is hereby amended to read as follows:

      293.163  1.  In presidential election years, on the call of a national party convention, [but] only one set of party conventions and [but] only one state convention [shall] must be held on such respective dates and at such places as the state central committee of the party shall designate. If no earlier dates are fixed, the state convention [shall] must be held 30 days [prior to] before the date set for the national convention and the county conventions [shall] must be held 60 days [prior to] before the date set for the national convention.

      2.  Delegates to [such conventions shall] the conventions must be selected in the same manner as prescribed in NRS 293.130 to 293.160, inclusive, except as to time, and each convention [shall have and] may exercise all of the power granted [it under] to it pursuant to the provisions of NRS 293.130 to 293.160, inclusive.


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ê1995 Statutes of Nevada, Page 2624 (Chapter 685, AB 695)ê

 

the power granted [it under] to it pursuant to the provisions of NRS 293.130 to 293.160, inclusive. In addition to [such powers granted it,] those powers, the state convention shall select [the necessary delegates and alternates] :

      (a) The delegates and alternate delegates to the national convention of the party [, and,] if a presidential preference primary election for that party is not held; and

      (b) If consistent with the rules and regulations of the party, [shall select] the national committeeman and committeewoman of the party from the State of Nevada.

      Sec. 10.  NRS 293.256 is hereby amended to read as follows:

      293.256  In any election regulated by this chapter [,] or chapter 298 of NRS, the names of candidates as printed on the ballot [shall] must not include any title, designation or other reference which will indicate the profession or occupation of [such] those candidates.

      Sec. 11.  NRS 293.272 is hereby amended to read as follows:

      293.272  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, a person who registered to vote pursuant to the provisions of NRS 293.5235, shall, for the first election in which he votes at which that registration is valid, vote in person unless he has previously voted in the county in which he is registered to vote.

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

      (a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive;

      (b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293.316;

      (c) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

      (d) Requests an absent ballot in person at the office of the county clerk.

      3.  The provisions of this section do not apply to such a person if the first election in which he votes is a presidential preference primary election.

      Sec. 12.  NRS 293.309 is hereby amended to read as follows:

      293.309  1.  The county clerk of each county and city clerk of each city shall prepare an absent ballot for the use of registered voters who have requested absent ballots.

      2.  The ballot must be prepared and ready for distribution to a registered voter who:

      (a) Resides within the state, not later than 20 days before the election in which it is to be used; or

      (b) Resides outside the state:

             (1) For a primary election or general election, not later than 40 days before that election, if possible; or

             (2) For a primary city election , [or] general city election [,] or presidential preference primary election, not later than 20 days before that election.

      3.  Any legal action which would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.


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ê1995 Statutes of Nevada, Page 2625 (Chapter 685, AB 695)ê

 

      Sec. 13.  NRS 293.310 is hereby amended to read as follows:

      293.310  1.  Except as otherwise provided in NRS 293.330, a registered voter who requests and receives an absent voter’s ballot may vote only by absent ballot at the election for which the absent ballot was issued.

      2.  If a registered voter has requested an absent ballot for an election other than a presidential preference primary election and the ballot has been mailed or issued, the appropriate county or city clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.

      Sec. 14.  NRS 293.325 is hereby amended to read as follows:

      293.325  1.  Except as otherwise provided in subsections 2 and 3, when an absent ballot for an election other than a presidential preference primary election is returned by a registered voter to the county or city clerk through the mails, and record thereof is made in the absent ballot record book, the appropriate county or city clerk shall deliver, or cause to be delivered, that ballot to the precinct or district election board.

      2.  If the county or city clerk has appointed an absent ballot central counting board, the clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk’s register. If the clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the clerk shall deliver the ballot box to the absent ballot county board to be counted.

      3.  If the county or city uses a mechanical voting system, the county or city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the county clerk’s register. If the county or city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county or city clerk shall deliver the ballot box to the central counting place.

      4.  When an absent ballot for a presidential preference primary election is returned to the county clerk, the county clerk shall process the ballot in the manner prescribed in sections 46 to 55, inclusive, of this act.

      Sec. 15.  NRS 293.333 is hereby amended to read as follows:

      293.333  1.  On the day of an election other than a presidential preference primary election, the precinct or district election boards receiving the absent voters’ ballots from the county or city clerk shall, in the presence of a majority of the election board officers, deposit the ballots in the ballot box in the following manner:

      (a) The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; and

      (b) The signature on the back of the return envelope must be compared with that on the original affidavit of registration.

      2.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box.

      3.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”


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ê1995 Statutes of Nevada, Page 2626 (Chapter 685, AB 695)ê

 

      Sec. 16.  NRS 293.356 is hereby amended to read as follows:

      293.356  1.  If a request is made to vote early by a registered voter in person, the county clerk shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of the clerk’s office and returned to the clerk. [The] Except as otherwise provided in subsection 3, the clerk shall follow the same procedure as in the case of absent ballots received by mail.

      2.  [From the third Saturday preceding an election through the Friday before the election, Sundays excepted,] On the dates for early voting prescribed in NRS 293.3568, each county clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued ballots for early voting in accordance with this section.

      3.  Upon the return to the county clerk of a ballot for early voting for the presidential preference primary election, the county clerk shall process the ballot in the manner prescribed in sections 46 to 55, inclusive, of this act.

      Sec. 17.  NRS 293.3564 is hereby amended to read as follows:

      293.3564  1.  [The] Except as otherwise provided in section 3 of this act, the county clerk may establish permanent polling places for early voting by personal appearance at locations designated by him throughout the county. Except as otherwise provided in subsection 2, any person entitled to vote early by personal appearance may do so at any polling place for early voting.

      2.  If it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county, he may:

      (a) Provide appropriate forms of ballots for all offices within a county commissioner election district; and

      (b) Limit voting at that polling place to registered voters in that district.

      Sec. 18.  NRS 293.3568 is hereby amended to read as follows:

      293.3568  1.  The period for early voting by personal appearance begins the third Saturday preceding a [primary or general] general, primary or presidential preference primary election and extends through [the] :

      (a) The Friday before [election day,] the day on which the general or primary election is held, Sundays excepted [.] ; or

      (b) The second Monday preceding a presidential preference primary election, Sundays excepted.

      2.  A permanent polling place for early voting must remain open:

      (a) On Monday through Friday:

             (1) During the first week of early voting, from 8 a.m. until 6 p.m.

             (2) During the second week of early voting, from 8 a.m. until 8 p.m.

      (b) On any Saturday that falls within the period for early voting, from 10 a.m. until 6 p.m.

      Sec. 19.  NRS 293.3572 is hereby amended to read as follows:

      293.3572  1.  [In] Except as otherwise provided in section 3 of this act, in addition to permanent polling places for early voting, the county clerk may establish temporary branch polling places for early voting.

      2.  The provisions of subsection 2 of NRS 293.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk.


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ê1995 Statutes of Nevada, Page 2627 (Chapter 685, AB 695)ê

 

      3.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      Sec. 20.  NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:

      (a) Determine that the person is a registered voter in the county;

      (b) Instruct the voter to sign the roster for early voting; and

      (c) Verify the signature of the voter against that contained on the original affidavit of registration, or the card issued to the voter at the time of registration, or other piece of official identification.

      2.  The county clerk shall prescribe a procedure, approved by the secretary of state, to determine that the voter has not already voted pursuant to this section.

      3.  The roster for early voting must contain:

      (a) The voter’s name, the address where he is registered to vote, his voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct number [;] , unless the election is a presidential preference primary election; and

      (c) The date of voting early in person.

      4.  When a voter is found to be entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.

      5.  The deputy clerk for early voting shall:

      (a) Mark the voter’s precinct on the bottom left-hand side of the card [and] , unless the election is a presidential preference primary election, and mark the form of ballot on the bottom right-hand side of the card;

      (b) Direct the voter to the appropriate voting machine for his form of ballot; and

      (c) Allow the voter to place his voted ballot in the ballot box.

      6.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 21.  NRS 293.3606 is hereby amended to read as follows:

      293.3606  1.  The returns for early voting for an election other than a presidential preference primary election must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot.

      2.  The county clerk shall develop a procedure to ensure that each ballot is kept secret.

      Sec. 22.  NRS 293.370 is hereby amended to read as follows:

      293.370  1.  When all the votes have been tallied, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes he received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.

      2.  The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:


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ê1995 Statutes of Nevada, Page 2628 (Chapter 685, AB 695)ê

 

      (a) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or

      (b) A general election.

      Sec. 23.  NRS 293.400 is hereby amended to read as follows:

      293.400  1.  If, after the completion of the canvass of the returns of any election, two or more persons receive an equal number of votes, which is sufficient for the election of one or more but fewer than all of them to the office, the person or persons elected must be determined as follows:

      (a) In a general election for a United States Senator, Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the legislature shall, by joint vote of both houses, elect one of those persons to fill the office.

      (b) In a primary election for a United States Senator, Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, or in a presidential preference primary election, the secretary of state shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and he shall determine the tie by lot. If the tie vote is for the office of secretary of state, the governor shall perform these duties.

      (c) For any office of a county, township, incorporated city, city organized under a special charter where the charter is silent as to determination of a tie vote, or district which is wholly located within one county, the county clerk shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and determine the tie by lot. If the tie vote is for the office of county clerk, the board of county commissioners shall perform these duties.

      2.  The summons mentioned in this section must be mailed to the address of the candidate as it appears upon his declaration of candidacy at least 5 days before the day fixed for the determination of the tie vote and must contain the time and place where the determination will take place.

      3.  The right to a recount extends to all candidates in case of a tie.

      Sec. 24.  NRS 293.403 is hereby amended to read as follows:

      293.403  1.  A candidate defeated at any election may demand and receive a recount of the vote for the office for which he is a candidate if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes:

      (a) He files in writing his demand with the officer with whom he filed his declaration of candidacy, affidavit of candidacy or acceptance of candidacy; and

      (b) He deposits in advance the estimated costs of the recount with that officer.

      2.  Any voter at an election may demand and receive a recount of the vote for a ballot question if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes:

      (a) He files in writing his demand with:

             (1) The secretary of state, if the demand is for a recount of a ballot question affecting more than one county; or


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ê1995 Statutes of Nevada, Page 2629 (Chapter 685, AB 695)ê

 

             (2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and

      (b) He deposits in advance the estimated costs of the recount with the person to whom he made his demand.

      3.  The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the secretary of state defining the term “costs.”

      4.  As used in this section, “canvass” means:

      (a) In any primary election [,] or presidential preference primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.

      (b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      (c) In any general election:

             (1) The canvass by the supreme court of the returns for a candidate for a statewide office or a statewide ballot question; or

             (2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).

      (d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      Sec. 25.  NRS 293.404 is hereby amended to read as follows:

      293.404  1.  Where a recount is demanded pursuant to the provisions of NRS 293.403, the:

      (a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners must be present at the recount.

      (b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city shall act as chairman of the recount board. At least one member of the city council must be present at the recount.

Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.

      2.  Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.

      3.  If a recount of the ballots cast in an election other than a presidential preference primary election is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the precincts, but in no case fewer than three precincts, after consultation with each candidate for the office or his authorized representative. If a recount of the ballots cast in a presidential preference primary election is demanded in a county using a mechanical voting system, the county clerk shall select 5 percent of the ballots cast in the election to conduct the recount, after consultation with each candidate or his authorized representative.


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ê1995 Statutes of Nevada, Page 2630 (Chapter 685, AB 695)ê

 

ballots cast in a presidential preference primary election is demanded in a county using a mechanical voting system, the county clerk shall select 5 percent of the ballots cast in the election to conduct the recount, after consultation with each candidate or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this Title and shall count the valid ballots by hand. A recount by computer must be made of all the selected ballots. If the count of the selected ballots or the recount shows a discrepancy of 1 percent or more for either candidate, or in favor of or against a ballot question, from the original canvass of the returns, the county or city clerk shall order a count by hand of all the ballots for that office. If there is not a discrepancy of 1 percent or more, the county or city clerk shall not order such a count, but shall order a recount by computer of all the ballots for the office.

      4.  The county or city clerk shall unseal and give to the recount board all ballots to be counted.

      5.  In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.

      Sec. 26.  NRS 293.485 is hereby amended to read as follows:

      293.485  1.  Every citizen of the United States, 18 years of age or over, who has continuously resided in this state and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding:

      (a) Primary election;

      (b) Primary city election;

      (c) Presidential preference primary election;

      (d) General election; or

      [(d)] (e) General city election,

and who has registered in the manner provided in this chapter, is entitled to vote at that election.

      2.  This section does not exclude the registration of eligible persons whose 18th birthday or the date of whose completion of the required residence occurs on or before the next succeeding:

      (a) Primary election;

      (b) Primary city election;

      (c) Presidential preference primary election;

      (d) General election;

      [(d)] (e) General city election; or

      [(e)] (f) Any other election.

      Sec. 27.  NRS 293.557 is hereby amended to read as follows:

      293.557  1.  The county clerk shall cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county an alphabetical listing of all registered voters, including the precinct of each voter, for the entire county:

      (a) Not less than 2 weeks before the close of registration for any primary election [.] or presidential preference primary election.


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ê1995 Statutes of Nevada, Page 2631 (Chapter 685, AB 695)ê

 

      (b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.

      2.  The county may not pay more than 10 cents per name for six-point or seven-point type or 15 cents per name for eight-point type or larger to each newspaper publishing the list.

      3.  The list of registered voters must not be printed in type smaller than six-point.

      Sec. 28.  NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the fifth Saturday preceding any primary or general election or presidential preference primary election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election [,] or primary or general city election, registration must close at 9 p.m. on the fifth Saturday preceding the day of the elections.

      2.  The offices of the county clerk and ex officio registrars must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

      (a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.

      (b) In all other counties, those offices must be open during the last 5 days before registration closes.

      3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      4.  The offices of the county clerk and ex officio registrars may remain open on October 31 in each even-numbered year.

      Sec. 29.  NRS 293.565 is hereby amended to read as follows:

      293.565  1.  At least 10 days before any election [,] other than a presidential preference primary election, the county or city clerk shall cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

      (a) The county or city clerk shall mail a notice of the change to each registered voter in the county or city not sooner than 10 days before mailing the sample ballots; or

      (b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:


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

ê1995 Statutes of Nevada, Page 2632 (Chapter 685, AB 695)ê

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      2.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 30.  NRS 293B.080 is hereby amended to read as follows:

      293B.080  A mechanical voting system must, except at [primary elections,] a primary election or presidential preference primary election, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.

      Sec. 31.  NRS 293B.130 is hereby amended to read as follows:

      293B.130  1.  Before any election where a mechanical voting system is to be used, the county or city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:

      (a) All lawful votes cast by each voter must be counted.

      (b) All unlawful votes, including , but not limited to , overvotes or, in a primary election [,] or presidential preference primary election, votes cast for a candidate of a major political party other than the party, if any, of the voter’s registration, must not be counted.

      (c) If the election is:

             (1) A primary election held in an even-numbered year, other than a presidential preference primary [;] election; or

             (2) A general election,

the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.

      (d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.

      2.  The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.

      3.  The county clerk shall take such measures as he deems necessary to protect the program from being altered or damaged.

      Sec. 32.  NRS 293B.210 is hereby amended to read as follows:

      293B.210  1.  If a mechanical voting system is used whereby a vote is cast by punching a card, the county or city clerk shall furnish sufficient lists of offices and candidates and the statements of measures to be voted on for the mechanical recording devices used at any election.

      2.  The secretary of state shall provide to or reimburse each county for all cards used in each primary or general election [.] or presidential preference primary election. Any reimbursement must be paid from the reserve for statutory contingency account upon recommendation by the secretary of state and approval by the state board of examiners.


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

ê1995 Statutes of Nevada, Page 2633 (Chapter 685, AB 695)ê

 

      Sec. 33.  NRS 293B.380 is hereby amended to read as follows:

      293B.380  1.  The ballot processing and packaging board must be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.

      2.  The board shall:

      (a) Permit only those persons authorized by the county clerk to gain access to the counting area where the computers are located during the period when ballots are being processed.

      (b) Receive ballots and maintain groupings of them by precinct.

      (c) Before each counting of the ballots [(] or computer run [)] begins, validate the testing material with the counting program.

      (d) Maintain a log showing the sequence in which the ballots of each precinct are processed, as a measure to ensure that the ballots of all precincts are processed.

      (e) After each counting of the ballots, again verify the testing material with the counting program to substantiate that there has been no substitution or irregularity.

      (f) Record an explanation of any irregularity that occurs in the processing.

      (g) If the election is:

             (1) A primary election held in an even-numbered year, other than a presidential preference primary [;] election; or

             (2) A general election,

ensure that a list is compiled indicating the total votes, other than absentee votes and votes in a mailing precinct, which each candidate accumulated in each precinct.

      (h) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the county clerk for sealing and storage.

      Sec. 34.  Chapter 298 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 58, inclusive, of this act.

      Sec. 35.  1.  Not later than November 1 of the year preceding a year in which a President of the United States is elected, the state central committee of each major political party, shall notify the secretary of state, in writing, whether the party will participate in the presidential preference primary election.

      2.  If the secretary of state receives a statement pursuant to subsection 1 which states that a major political party will participate in the presidential preference primary election, a presidential preference primary election for that party must be held on the fourth Tuesday in March of the year in which the presidential election is held.

      3.  The presidential preference primary election must be conducted by mail pursuant to the provisions of sections 41, 42 and 43 of this act.

      4.  No other election may be held at the same time as a presidential preference primary election.

      Sec. 36.  1.  A person who wishes to be a candidate for the nomination of President of the United States for a major political party for which a presidential preference primary election will be held must, not later than 5 p.m. on the second Tuesday in January in a year in which a presidential preference primary election is held:


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

ê1995 Statutes of Nevada, Page 2634 (Chapter 685, AB 695)ê

 

      (a) File with the secretary of state a declaration of candidacy on a form prescribed by the secretary of state;

      (b) File with the secretary of state a separate list of the names of the delegates and alternate delegates from each of the congressional districts in this state who will be pledged to that candidate if he receives the greatest number of votes in that district; and

      (c) Pay to the secretary of state a filing fee of $1,000.

      2.  A person whose name is included on a list filed pursuant to paragraph (b) of subsection 1 must be:

      (a) A registered voter in the congressional district for which he is listed as a delegate or alternate delegate; and

      (b) A member of the political party of the candidate for whom he is listed as a delegate or alternate delegate.

      Sec. 37.  1.  Not later than January 1 in a year in which a presidential preference primary election is held, the secretary of state shall announce the number of delegates and alternate delegates from each major political party for which a presidential preference primary election will be held who will represent each congressional district in this state.

      2.  If the number of delegate votes apportioned to this state by the national committee or convention of a major political party is evenly divisible by the number of congressional districts in this state, each of the congressional districts in this state must be represented by an equal number of delegates and alternate delegates.

      3.  If the number of delegate votes apportioned to this state by the national committee or convention of a major political party is not evenly divisible by the number of congressional districts in this state, the secretary of state shall determine the number of delegates and alternate delegates who will represent each district. The secretary of state shall ensure that no congressional district in this state receives:

      (a) More than one fewer delegate and alternate delegate than any other congressional district in this state; or

      (b) More delegates and alternate delegates than any congressional district in this state which has a greater population as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce.

      Sec. 38.  1.  Not later than the second Tuesday in February in each year in which a presidential election is held, the secretary of state shall forward to each county clerk a certified list of the names of those persons whose names must appear on the presidential preference primary election ballot for each major political party for which a presidential preference primary election will be held.

      2.  Immediately upon receipt of the certified list of candidates from the secretary of state, the county clerk shall publish a notice of the presidential preference primary election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation in the nearest county in this state. The notice must contain:

      (a) The date the ballots will be mailed to the voters.

      (b) The date by which the ballots must be received from the voters.


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

ê1995 Statutes of Nevada, Page 2635 (Chapter 685, AB 695)ê

 

      (c) The dates on which and the hours during which a registered voter who did not receive a ballot in the mail may vote in person at the office of the county clerk.

      (d) The dates for early voting.

      (e) The names of the candidates for the nomination for President of the United States of each major political party for which a presidential preference primary election will be held.

      Sec. 39.  1.  The names of the candidates for nomination for President of the United States for each major political party for which a presidential preference primary election will be held must be printed on the official ballots for the election. There must be a separate ballot for each major political party.

      2.  The name of the major political party must appear at the top of the ballot for that party. The names of the candidates of each major political party must be printed alphabetically upon the ballot of that party.

      3.  If there is no contest for a major political party’s nomination for President of the United States, a ballot for that party must not be printed and an election for that party’s nomination must not be held.

      Sec. 40.  1.  The state central committee of each major political party for which a presidential preference primary election will be held shall, not later than January 1 of the year in which the election is held, notify the secretary of state in writing whether the party will prohibit nonpartisan voters from voting its ballot in the presidential preference primary election.

      2.  Unless a major political party prohibits nonpartisan voters from voting its party ballot in the presidential preference primary election, a nonpartisan voter may, not later than 20 days before the presidential preference primary election is held, request in writing, that the county clerk mail to him that party’s presidential preference primary election ballot. If a nonpartisan voter requests to vote a partisan ballot in the presidential preference primary election, the county clerk shall, when the ballots are mailed to the registered voters of the major political parties pursuant to section 41 of this act, mail to the nonpartisan voter the ballot of the party for whose candidates he wishes to vote. A nonpartisan voter shall not vote more than one partisan ballot in the presidential preference primary election.

      Sec. 41.  The county clerk shall, not later than 5 p.m. on the third Tuesday in March of a year in which a presidential preference primary election is held, mail to:

      1.  Each registered voter in that county whose affidavit of registration indicates that he is affiliated with a major political party for which a presidential preference primary election will be held; and

      2.  Each registered voter who is authorized to vote in a party’s primary pursuant to section 40 of this act,

an official mailing ballot to be voted by him at the election unless he has already voted or requested an absentee ballot.

      Sec. 42.  1.  The county clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in the county;


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ê1995 Statutes of Nevada, Page 2636 (Chapter 685, AB 695)ê

 

      (b) Enroll the name and address of each voter found eligible to vote in that county in the presidential preference primary election record book for his party;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  Except as otherwise provided in subsection 3, the ballot must be accompanied by:

      (a) A stamp and stamp pad;

      (b) A postage-paid return envelope; and

      (c) Instructions regarding the manner of stamping and returning the ballot.

      3.  In those counties using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;

      (b) A punching instrument;

      (c) A postage-paid return envelope; and

      (d) Instructions regarding the manner of punching and returning the card.

      Sec. 43.  Upon receipt of a presidential preference primary election mailing ballot from the county clerk, the registered voter must:

      1.  Except as otherwise provided in subsection 2:

      (a) Immediately after opening the envelope, mark and fold the ballot;

      (b) Place the ballot in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county clerk.

      2.  In those counties using a mechanical voting system whereby a vote is cast by punching a card:

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county clerk.

      Sec. 44.  Each registered voter may vote on the partisan ballot for the presidential preference primary election for one person to be the candidate for nomination for President of the United States for that party.

      Sec. 45.  The county clerk shall, upon request from a registered voter who does not receive a ballot, issue to that voter a certificate of error and allow that voter to vote on election day at the office of the county clerk.

      Sec. 46.  1.  When an absent ballot or mailing ballot for the presidential preference primary election is returned to the county clerk, the county clerk shall make a record of the fact that the ballot was returned on the absent ballot record book.

      2.  On the day of the presidential preference primary election, the county clerk shall deposit the ballots in the regular ballot box in the following manner:

      (a) The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; and

      (b) The signature on the back of the return envelope must be compared with that on the original affidavit of registration.


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ê1995 Statutes of Nevada, Page 2637 (Chapter 685, AB 695)ê

 

      3.  If the county clerk determines that the voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box.

      4.  The county clerk shall mark in the pollbook opposite the name of the voter the word “Voted.”

      5.  When all the ballots received by the county clerk have been voted or rejected, the county clerk shall:

      (a) Note on each envelope containing a rejected ballot the reason for rejection; and

      (b) Sign each envelope containing a rejected ballot.

      Sec. 47.  In any county which has more than one congressional district within its boundaries, the county clerk shall make a separate count of the ballots received from the voters in each of the congressional districts in this state.

      Sec. 48.  When the polls are closed, the county clerk shall prepare to count the ballots returned to him. The counting procedure must be public and continue without adjournment until completed. The county clerk shall prepare in the following manner:

      1.  The ballot box must be opened and the ballots contained therein counted by the county clerk and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the record books, the county clerk is of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the county clerk and placed in the ballot box after the count is completed.

      2.  If the ballots in the box are found to exceed the number of names on the record books, the ballots must be replaced in the box, and the county clerk with his back turned to the box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope.

      3.  When it has been determined that the record books and the number of ballots agree with the number of names of registered voters shown to have voted, the county clerk shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 49.  The county clerk in any county in which paper ballots are used shall not begin counting the votes until all ballots which were returned by the voters and all ballots which were not mailed by the county clerk are accounted for.

      Sec. 50.  The basic factor to be considered by a county clerk when determining whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the county clerk, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.


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ê1995 Statutes of Nevada, Page 2638 (Chapter 685, AB 695)ê

 

good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

      Sec. 51.  When all the votes have been tallied, the county clerk shall enter on the tally lists by the name of each candidate the number of votes he received. The number must be expressed in words and figures.

      Sec. 52.  1.  After the tally lists have been completed, the county clerk shall:

      (a) File the voted ballots on a string, enclose and seal them in an envelope marked “Election returns, voted ballots.”

      (b) File the rejected ballots on a string, enclose and seal them in an envelope marked “Election returns, rejected ballots.”

      (c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked “Election returns” and seal the envelope.

      2.  The voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and ballots which were not mailed by the county clerk must be sealed under cover by the county clerk.

      Sec. 53.  1.  Except as otherwise provided in subsection 2, each county clerk shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.

      2.  When votes are cast on ballots which are mechanically or electronically tabulated in accordance with the provisions of chapter 293B of NRS, the county clerk shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside of the counting facility.

      3.  Each copy of the voting results posted in accordance with subsections 1 and 2 must set forth the accumulative total of all the votes cast within the county and must be signed by the county clerk or the computer program and processing accuracy board.

      Sec. 54.  1.  As soon as the returns from the county have been received by the board of county commissioners, the board shall meet and canvass the returns. The canvass must be completed on or before the fifth working day following the election.

      2.  In making its canvass, the board shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      3.  The county clerk shall, as soon as the result is declared, enter upon the records of the board an abstract of the result, which must contain the number of votes cast for each candidate. The board, after making the abstract, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:

      (a) A copy of the certified abstract; and

      (b) A mechanized report of the abstract in compliance with regulations adopted by the secretary of state,

and transmit them to the secretary of state within 5 working days after the day after the election.

      4.  The secretary of state shall, immediately after the election, compile the returns for all the candidates. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of the candidate whose delegates and alternate delegates will be attending the national party convention for each major political party for which a presidential preference primary election was held from each congressional district in this state.


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ê1995 Statutes of Nevada, Page 2639 (Chapter 685, AB 695)ê

 

of the candidate whose delegates and alternate delegates will be attending the national party convention for each major political party for which a presidential preference primary election was held from each congressional district in this state.

      Sec. 55.  1.  The voted ballots, rejected ballots, spoiled ballots, ballots which were not mailed by the county clerk, tally lists, pollbooks, challenge lists and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk, and preserved for at least 22 months. All sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the county clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.

      2.  The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who wishes to examine them at any time after their deposit with the county clerk.

      3.  A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1, except the voted ballots.

      4.  The voted ballots deposited with the county clerk are not subject to the inspection of any person, except in cases of contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of that judge, body or board.

      Sec. 56.  1.  The delegates and alternate delegates of the candidate who receives the greatest number of votes in each congressional district in the state will be certified by the secretary of state as the delegates and alternate delegates from this state to the national convention of that party.

      2.  If there is no contest for a major political party’s nomination for President of the United States, the delegates and alternate delegates of the only candidate to file a declaration must be certified as the delegates and alternate delegates from this state to that party’s national convention.

      3.  If there are no declarations of candidacy filed with the secretary of state for a major political party’s nomination for President of the United States, the state central committee shall designate the party’s delegates and alternate delegates to the national convention.

      4.  The delegates and alternate delegates of the candidate who received the greatest number of votes at the presidential preference primary election must be pledged to that candidate for the first convention ballot unless the candidate releases those delegates and alternate delegates pursuant to subsection 5.

      5.  At any time after the presidential preference primary election, the candidate who received the greatest number of votes in the election may release his delegates and alternate delegates from their pledge to support him at the national convention. The delegates and alternate delegates of a candidate shall be deemed to be released when the candidate notifies the chairman of the state delegation of his party, in writing, that he wishes to release his delegates and alternate delegates.


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ê1995 Statutes of Nevada, Page 2640 (Chapter 685, AB 695)ê

 

      6.  The candidate who receives the greatest number of votes in a presidential preference primary election may change the names on the list of delegates and alternate delegates who will be pledged to him at the national convention at any time before the national convention is held by notifying the secretary of state, in writing, that he wishes to make a change to his list of delegates and alternate delegates. A delegate or alternate delegate whose name is included on the list after the presidential preference primary election must meet the qualifications for delegates and alternate delegates prescribed in section 36 of this act.

      7.  A person who is certified by the secretary of state as a delegate or alternate delegate from this state to the national convention of a major political party shall, within 2 weeks after his certification, file with the secretary of state a pledge to act in accordance with the provisions of sections 35 to 58, inclusive, of this act.

      Sec. 57.  If a presidential preference primary election is held pursuant to sections 35 to 58, inclusive, of this act, the cost of the election is a charge against the state and must be paid from the reserve for statutory contingency account upon recommendation by the secretary of state and approval by the state board of examiners.

      Sec. 58.  The secretary of state may adopt regulations to carry out the provisions of sections 35 to 58, inclusive, of this act.

      Sec. 59.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The reserve for statutory contingency account is hereby created in the state general fund.

      2.  The state board of examiners shall administer the reserve for statutory contingency account, and the money in the account must be expended only for:

      (a) The payment of claims which are obligations of the state pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235 [;] and section 57 of this act;

      (b) The payment of claims which are obligations of the state pursuant to:

             (1) Chapter 472 of NRS arising from operations of the division of forestry of the state department of conservation and natural resources directly involving the protection of life and property; and

             (2) NRS 7.155, 34.750, 176.223, 178.465, 179.225, 213.153 and 293B.210,

but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

      (c) The payment of claims which are obligations of the state pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the fund for insurance premiums is insufficient to pay the claims; and

      (d) The payment of claims which are obligations of the state pursuant to NRS 535.030 arising from remedial actions taken by the state engineer when the condition of a dam becomes dangerous to the safety of life or property.

      Sec. 60.  1.  There is hereby appropriated from the state general fund to the reserve for statutory contingency account created pursuant to NRS 353.264 the sum of $200,000 to pay the cost of the presidential preference primary election which will be held on March 25, 1996.


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ê1995 Statutes of Nevada, Page 2641 (Chapter 685, AB 695)ê

 

353.264 the sum of $200,000 to pay the cost of the presidential preference primary election which will be held on March 25, 1996.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 61.  1.  This section and section 60 of this act become effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

      2.  Sections 1 to 59, inclusive, of this act become effective on October 1, 1995.

      3.  The provisions of this act expire by limitation on July 1, 1997.

 

________

 

 

CHAPTER 686, AB 520

Assembly Bill No. 520–Committee on Judiciary

CHAPTER 686

AN ACT relating to civil actions; revising the immunity from liability for civil damages provided for certain persons who provide emergency obstetrical care; providing such immunity to certain persons who provide medical care to indigent persons; revising the provisions governing the reduction and payment of an award for damages in certain actions for medical malpractice; requiring the interim finance committee to conduct a study of claims for medical malpractice filed during a certain period; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.505 is hereby amended to read as follows:

      41.505  1.  Any physician or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant or to a registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant or registered nurse who obeys an instruction given by a physician or registered nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

      2.  [Any] Except as otherwise provided in subsection 3, any person licensed under the provisions of chapter 630, 632 or 633 of NRS, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.


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ê1995 Statutes of Nevada, Page 2642 (Chapter 686, AB 520)ê

 

liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.

      3.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:

      (a) The care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;

      (b) The person has not previously provided prenatal or obstetrical care to the woman; and

      (c) The damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman.

A licensed medical facility in which such care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to this subsection and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.

      4.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS who:

      (a) Is retired or otherwise does not practice on a full-time basis; and

      (b) Gratuitously and in good faith, renders medical care within the scope of his license to an indigent person,

is not liable for any civil damages as a result of any act or omission by him, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.

      5.  As used in this section, “emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

      Sec. 2.  NRS 41A.023 is hereby amended to read as follows:

      41A.023  1.  The board of governors of the Nevada Trial Lawyers Association may designate 40 of its members to serve on the northern tentative screening panel and [40] 60 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.

      2.  The executive committee of the Nevada State Medical Association may designate 40 of its members to serve on the northern tentative screening panel and [40] 60 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.

      3.  The Nevada Hospital association may designate 40 administrators of hospitals and other persons employed by hospitals in management positions to serve as nonvoting members of the tentative screening panels. Each person so designated shall serve for a term of 1 year.

      Sec. 3.  NRS 41A.039 is hereby amended to read as follows:

      41A.039  1.  A claim of medical malpractice is properly presented to a screening panel by filing a complaint with the division. A fee of $350 must accompany the complaint.


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ê1995 Statutes of Nevada, Page 2643 (Chapter 686, AB 520)ê

 

      2.  The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical malpractice. A screening panel may dismiss a complaint if the complaint is filed without an affidavit supporting the allegations of the complaint submitted by a medical expert.

      3.  The person against whom a complaint is made must, within 30 days after receipt of the complaint, file an answer with the division, accompanied by a fee of $350.

      4.  The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the division within 21 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the division for the filing of the response.

      5.  A copy of any pleading required by this section to be filed with the division must be delivered by the party, by certified or registered mail, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.

      6.  The fees provided by this section must not be charged or collected more than once:

      (a) From any party; or

      (b) For the filing of any complaint, regardless of the number of parties joined in the complaint.

      Sec. 4.  NRS 41A.043 is hereby amended to read as follows:

      41A.043  1.  Within 35 days after the expiration of the time in which to answer the complaint of medical malpractice, the division shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the division may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.

      2.  The division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.

      3.  Except as otherwise provided in this subsection, each party is entitled to not more than:

      (a) There peremptory challenges from the list of attorneys; and

      (b) Three peremptory challenges from the list of physicians.

In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the division of the challenge at the conference required by subsection 1.

      4.  The division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.


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ê1995 Statutes of Nevada, Page 2644 (Chapter 686, AB 520)ê

 

screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.

      5.  The division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the division shall immediately and randomly select a replacement from the list. The division shall not release or disclose to any person the names of the members selected.

      6.  If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.

      Sec. 5.  NRS 41A.056 is hereby amended to read as follows:

      41A.056  1.  If the screening panel finds in favor of the claimant and a cause of action involving medical malpractice is thereafter filed in district court, a conference for settlement must be held as provided in NRS 41A.059.

      2.  If the determination is not in favor of the claimant, the claimant may file an action in court. If the claimant does not obtain a judgment in his favor in court, the defendant must be awarded reasonable costs and attorney’s fees incurred after the date of filing the action in court.

      3.  If the screening panel is unable, for any reason, to reach a decision, the claimant may file a civil action or proceed no further with the complaint.

      4.  If the claimant files a civil action in district court, a person may not be named as a party in the action unless the person was named as a party in the complaint which was filed with the division and considered by the screening panel.

      Sec. 6.  NRS 42.020 is hereby amended to read as follows:

      42.020  1.  [In] Except as otherwise provided in subsection 2, in any action for damages for [personal injury against any provider of health care,] medical malpractice, the amount of damages, if any, awarded in the action must be reduced by the amount of any prior payment made by or on behalf of the provider of health care against whom the action is brought to the injured person or to the claimant to meet reasonable expenses of medical care, other essential goods or services or reasonable living expenses.

      2.  In any action described in subsection 1 in which liability for medical malpractice is established or admitted, the court shall, before the entry of judgment, hold a separate hearing to determine if any expenses incurred by the claimant for medical care, loss of income or other financial loss have been paid or reimbursed as a benefit from a collateral source. If the court determines that a claimant has received such a benefit, the court shall reduce the amount of damages, if any, awarded in the action by the amount of the benefit. The amount so reduced must not include any amount for which there is a right of subrogation to the rights of the claimant if the right of subrogation is exercised by serving a notice of lien on the claimant before the settlement of or the entry of judgment in the action. Notice of the action must be provided by the claimant to any statutory holder of a lien.


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ê1995 Statutes of Nevada, Page 2645 (Chapter 686, AB 520)ê

 

      3.  If future economic damages are awarded in an action for medical malpractice, the award must be paid, at the election of the claimant:

      (a) In a lump sum which has been reduced to its present value as determined by the trier of fact and approved by the court; or

      (b) Subject to the provisions of subsection 5, by an annuity purchased to provide periodic payments.

As used in this subsection, “future economic damages” includes damages for future medical treatment, care or custody, and loss of future earnings.

      4.  If the claimant elects to receive periodic payments pursuant to paragraph (b) of subsection 3, the award must not be reduced to its present value. The amount of the periodic payments must be equal to the total amount of all future damages awarded by the trier of fact and approved by the court. The period for which the periodic payments must be made must be determined by the trier of fact and approved by the court. Before the entry of judgment, each party shall submit to the court a plan specifying the recipient of the payments, the amount of the payments and a schedule of periodic payments for the award. Upon receipt and review of the plans, the court shall specify in its judgment rendered in the action the recipient of the payments, the amount of the payments and a schedule of payments for the award.

      5.  If an annuity is purchased pursuant to paragraph (b) of subsection 3, the claimant shall select the provider of the annuity. Upon purchase of the annuity, the claimant shall:

      (a) Execute a satisfaction of judgment or a stipulation for dismissal of the claim with prejudice; and

      (b) Release forever the defendant and his insurer, if any, from any obligation to make periodic payments pursuant to the award.

      6.  As used in this section [, “provider of health care” means a physician, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, doctor of acupuncture, medical laboratory director or technician, or a licensed hospital as the employer of any such person.] :

      (a) “Benefit from a collateral source” means any money, service or other benefit which is paid or provided or is reasonably likely to be paid or provided to a claimant for personal injury or wrongful death pursuant to:

             (1) A state or federal act which provides benefits for sickness, disability, accidents, loss of income or workers’ compensation;

             (2) A policy of insurance which provides health benefits or coverage for loss of income;

             (3) A contract of any group, organization, partnership or corporation which provides, pays or reimburses the cost of medical, hospital or dental benefits or benefits for loss of income; or

             (4) Any other publicly or privately funded program which provides such benefits.

      (b) “Medical malpractice” has the meaning ascribed to it in NRS 41A.009.

      Sec. 7.  1.  The interim finance committee is hereby directed to contract with an independent organization to conduct a study of claims in actions for medical malpractice filed in this state for the period beginning on January 1, 1985, and ending on December 31, 1995. The contract must be awarded after providing notice to members of the general public requesting proposals for conducting the study and must be awarded on or before September 1, 1995.


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ê1995 Statutes of Nevada, Page 2646 (Chapter 686, AB 520)ê

 

providing notice to members of the general public requesting proposals for conducting the study and must be awarded on or before September 1, 1995.

      2.  The study must include, without limitation, an analysis of the following subjects for the period beginning on January 1, 1985, and ending on December 31, 1995:

      (a) All open and closed claims for medical malpractice filed during that period against physicians and surgeons in this state.

      (b) All reports of medical malpractice filed during that period, regardless of whether a claim was filed.

      (c) Specific data for each claim specified in paragraph (a) including:

             (1) The cause of the loss;

             (2) A description of the injury for which the claim was filed;

             (3) The sex of the injured person;

             (4) The names and number of defendants in each claim;

             (5) The names and provisions of coverage of each insurer involved in the claim;

             (6) The amount of reserves of an insurer before and after each such claim and the general allocation of the insurer’s reserves and surplus;

             (7) The disposition of each claim;

             (8) The amounts of money awarded through settlement or by verdict;

             (9) The sums of money paid to each claimant and the source of those sums; and

             (10) Any sums of money allocated to expenses for adjustment of losses.

      (d) The amount of premiums charged for medical malpractice insurance and specific reasons for any increases or decreases in those premiums.

      (e) The frequency and severity of claims specified in paragraph (a).

      (f) The claims for medical malpractice submitted to a screening panel created pursuant to NRS 41A.019.

      (g) The amount of attorneys’ fees and legal costs relating to claims specified in paragraph (a).

      3.  Each insurer which is authorized to issue a policy of insurance in this state covering the liability of a practitioner licensed pursuant to chapters 630 and 633 of NRS for a breach of his professional duty toward a patient shall cooperate fully with the organization which is conducting a study in accordance with the provisions of this section. In conducting the study, the organization may conduct examinations of insurers and other persons pursuant to the same authority as that provided for the commissioner of insurance pursuant to NRS 679B.230.

      4.  The legislative commission shall appoint a legislative oversight committee comprised of one member from each of the following standing committees of the 68th session of the legislature:

      (a) Senate standing committee on judiciary;

      (b) Assembly standing committee on judiciary;

      (c) Senate standing committee on finance; and

      (d) Assembly standing committee on ways and means.

The committee shall keep itself informed of the progress of the study of claims which is conducted pursuant to this section and act as a liaison between the organization conducting the study and the legislature.


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ê1995 Statutes of Nevada, Page 2647 (Chapter 686, AB 520)ê

 

between the organization conducting the study and the legislature. The director of the legislative counsel bureau shall provide such staff and other support as is necessary for the committee to perform its duty.

      5.  All identifying data regarding each individual claim must be kept confidential by the organization conducting the study of claims. Only aggregate data collected as a result of the study may be disclosed by the organization. The organization shall not include in the study or otherwise disclose any information, statements or other data which is the work product of an attorney or is subject to the privilege provided for communications between an attorney and his client.

      6.  The independent organization selected to conduct the study shall provide to the interim finance committee such periodic reports of the organization’s progress concerning the study as are required by the committee.

      7.  The study required pursuant to this section must be completed on or before September 1, 1996, and a written report thereof submitted to the governor, the interim finance committee and the chairmen of the senate and assembly standing committees on judiciary for the immediately preceding session of the legislature.

      Sec. 8.  1.  There is hereby appropriated from the state general fund to the interim finance committee the sum of $75,000 for conducting the study required pursuant to section 7 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after September 1, 1996, and reverts to the state general fund as soon as all payments of money committed have been made.

      3.  If the cost of the contract awarded pursuant to section 7 of this act exceeds the amount of money appropriated pursuant to subsection 1, the interim finance committee is authorized to expend from the insurance examination fund the amount necessary to cover the difference. Any such expense must be paid out of the insurance examination fund as other claims against the state are paid.

      Sec. 9.  1.  This section and sections 7 and 8 of this act become effective on July 1, 1995.

      2.  Sections 1 to 6, inclusive, of this act become effective on October 1,1995.

 

________


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ê1995 Statutes of Nevada, Page 2648ê

 

CHAPTER 687, SB 543

Senate Bill No. 543–Committee on Government Affairs

CHAPTER 687

AN ACT relating to public works projects; exempting certain such projects constructed by a private developer from certain provisions governing local government purchasing and public works; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the provisions of this chapter and chapters 332 and 339 of NRS do not apply to a contract under which a private developer, for the benefit of a private development, constructs a water or sewer line extension and any related appurtenances:

      (a) Which qualify as a public work pursuant to NRS 338.010; and

      (b) For which he will receive a monetary contribution or refund from a public body as reimbursement for a portion of the costs of the project.

      2.  If, pursuant to the provisions of such a contract, the developer is not responsible for paying all of the initial construction costs of the project, the provisions of NRS 338.013 to 338.090, inclusive, and 338.140 to 338.147, inclusive, apply to the contract.

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

 

________

 

 

CHAPTER 688, SB 489

Senate Bill No. 489–Committee on Government Affairs

CHAPTER 688

AN ACT relating to water; empowering the boards of county commissioners of certain counties to plan for and manage the supply and quality of water, the collection and treatment of sewage, and the drainage and alleviation of excessive surface water; creating a planning commission for these purposes; repealing the regional water planning and advisory board of Washoe County and all amendments thereto; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33, inclusive, of this act.

      Sec. 2.  This chapter applies only to counties whose population is 100,000 or more but less than 400,000.

      Sec. 3.  As used in this chapter, unless the context otherwise requires:

      1.  “Board” means the board of county commissioners.


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ê1995 Statutes of Nevada, Page 2649 (Chapter 688, SB 489)ê

 

      2.  “Commission” means the water planning commission created by section 10 of this act.

      3.  “Comprehensive plan” or “plan” means the plan developed pursuant to section 15 of this act.

      4.  “Division” means the division of environmental protection of the state department of conservation and natural resources.

      Sec. 4.  In each county to which this chapter applies, except as otherwise provided in section 5 of this act, the region within which water is to be managed, and with respect to which plans for its use are to be made, pursuant to this chapter is the entire county except:

      1.  Any land within the region defined by NRS 277.200, the Tahoe Regional Planning Compact; and

      2.  Lands located within any Indian reservation or Indian colony which are held in trust by the United States.

      Sec. 5.  1.  The board may exclude from the region any land which it determines is unsuitable for inclusion because of its remoteness from the sources of supply managed pursuant to this chapter or because it lies within a separate hydrologic basin neither affecting nor affected by conditions within the remainder of the region.

      2.  The board may include within the region an area otherwise excluded if it finds that the land requires alleviation of the effect of flooding or drainage of storm waters or another benefit from planning or management performed in the region.

      Sec. 6.  An affirmative vote of two-thirds of the members elected to the board is required to take action with respect to any matter governed by this chapter.

      Sec. 7.  1.  To fund the planning and administration required by this chapter, the board may impose a fee at a rate of not to exceed 1.5 percent of the amount otherwise billed, to be collected by each supplier of water from its customers within the region. The fee must be imposed by ordinance adopted in a manner other than is provided for in a case of emergency.

      2.  A supplier or provider shall state separately on its billings to customers the amount charged because of any fee imposed pursuant to subsection 1.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  The board may for the purposes of this chapter:

      1.  Accept grants of money.

      2.  Enter into contracts, including interlocal agreements, consistent with its authority under this chapter.

      3.  Employ and fix the compensation of employees and professional advisers.

      4.  Acquire, hold, lease and dispose of real and personal property inside and outside the region, without limitation, by requirements applicable to a board of county commissioners in its capacity as the governing body of a county.

      Sec. 10.  1.  A water planning commission is hereby created in each county. Each commission must consist of nine voting members who are residents of Nevada appointed as follows:

      (a) One member appointed by the governing body of the largest city in the county;


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ê1995 Statutes of Nevada, Page 2650 (Chapter 688, SB 489)ê

 

      (b) One member appointed by the governing body of the next largest city in the county;

      (c) One member appointed by the board of county commissioners;

      (d) One member appointed by the board to represent owners of domestic wells;

      (e) One member appointed by the governing body of a general improvement district having the greatest number of customers for water and sewerage in the region;

      (f) One member appointed by the supplier of water having the greatest number of customers for water in the region which is a public utility;

      (g) One member appointed by the governing body of the Indian reservation which is largest in area in the county, if the county contains an Indian reservation or, if there is not an Indian reservation located within the county or the governing body of the reservation does not appoint a member, one member appointed by the other members of the commission to represent the public at large;

      (h) One member of the public at large appointed by the governing bodies of the two largest cities in the county by mutual agreement to represent environmental, biological, conservation or public concerns; and

      (i) One member appointed by the governing body of the irrigation district which has the largest number of members in the region.

The first members appointed in each county pursuant to paragraphs (a), (b) and (c) shall serve initial terms of 4 years. The first members appointed pursuant to paragraphs (d), (f) and (h) shall serve initial terms of 3 years. The first members appointed pursuant to paragraphs (e), (g) and (i) shall serve initial terms of 2 years.

      2.  After the initial terms, the term of office of each member is 3 years. A member may be reappointed. A vacancy must be filled for the unexpired term by the appointing authority.

      3.  Each appointing authority shall designate an alternate, to serve when the appointed member is temporarily not available, for the same term.

      Sec. 11.  In addition to the voting members, the commission includes the following nonvoting members:

      1.  One member appointed by the public service commission of Nevada;

      2.  One member appointed by the advocate for customers of public utilities in the office of the attorney general;

      3.  One member appointed by the administrator of the division of environmental protection of the state department of conservation and natural resources;

      4.  One member appointed by the state engineer;

      5.  One member appointed by the administrator of the division of water planning of the state department of conservation and natural resources;

      6.  One member appointed by the board of directors of the water conservancy district which is largest in area which includes any part of the region;

      7.  One member appointed by the county or district board of health;

      8.  One member of the public at large appointed by the affirmative vote of a majority of the voting members; and


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ê1995 Statutes of Nevada, Page 2651 (Chapter 688, SB 489)ê

 

      9.  Additional members with expertise in an area that the majority of the voting members determines is necessary, appointed by the affirmative vote of a majority of the voting members.

      Sec. 12.  The commission shall establish a schedule for the selection of its chairman for a term of 1 year, in rotation, from among the members appointed by the governing bodies of the county and cities.

      Sec. 13.  The members of the commission appointed pursuant to sections 10 and 11 of this act may not hold any elective governmental office but may be engaged or employed in private enterprise or be employees of state or local government and each member must be qualified pursuant to at least one of the following subsections:

      1.  A professional engineer registered pursuant to the provisions of chapter 625 of NRS with experience related to comprehensive planning, natural resources or environmental protection;

      2.  A specialist in hydrology;

      3.  Experienced in law, management or planning related to water;

      4.  Experienced in municipal finance;

      5.  Experienced in construction, planning or operation of facilities or systems for supplying or treating water, for collecting or treating sewage, for drainage of storm water, or for control of floods; or

      6.  Knowledgeable in the areas of water conservation, biology, natural systems, water quality and water management.

      Sec. 14.  1.  The commission shall meet at the call of the chairman or any three voting members. The commission shall establish a schedule of regular meetings and provide for the calling of a special meeting when action is required before a regular meeting would occur.

      2.  A quorum consists of a majority of the voting members. The affirmative vote of a majority of the voting members is required to take action, unless a larger proportion is required by this chapter for a particular action.

      3.  No member of the commission is entitled to compensation for his services as a member.

      Sec. 15.  1.  The commission shall develop, and as necessary recommend revisions to, a comprehensive plan for the region covering the supply of municipal and industrial water, quality of water, sanitary sewerage, treatment of sewage, drainage of storm waters and control of floods.

      2.  The proposed plan must consist of written text, appropriate maps and goals and policies to deal with current and future problems affecting the region as a whole with respect to the subjects of the plan.

      3.  The plan must:

      (a) Describe the problems and needs of the region relating to the subjects of the plan;

      (b) Except as otherwise provided in sections 32, 32.5 and 33 of this act, identify the providers of services relating to those subjects within the region and the area within which each provides service, including service areas for public utilities;

      (c) Identify alternatives to reduce demand or increase supply;

      (d) Identify existing and future sources of water needed to meet the present or future needs of the region;


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ê1995 Statutes of Nevada, Page 2652 (Chapter 688, SB 489)ê

 

      (e) Define priorities and general location for additional major facilities needed to provide services relating to the subjects of the plan; and

      (f) Describe programs to mitigate drought, achieve conservation of water, protect wellheads and otherwise manage water.

      Sec. 16.  The plan must include the following elements:

      1.  Quality of surface water, which must include:

      (a) Compliance with standards of quality for bodies of water:

      (b) Locations and capacities of plants to treat waste water;

      (c) Intended quantity and quality of discharge from those plants and its reuse, service areas and interceptors; and

      (d) Programs to attain protection from pollution by both concentrated and diffuse sources.

      2.  Quality of ground water, which must include:

      (a) Compliance with standards of quality for hydrographic basins and septic tanks;

      (b) Capacities for withdrawal of water from hydrographic basins;

      (c) Programs to protect wellheads;

      (d) Programs to clean up contaminated ground water for hydrographic basins; and

      (e) Programs to attain protection from pollution by both concentrated and diffuse sources.

      3.  Supply of surface water, which must include:

      (a) Existing and planned sources of surface water;

      (b) Existing and planned uses for all surface water, including municipal and industrial uses, requirements for return flow, reserves for drought and future growth, uses to improve quality of water, uses to provide habitat and uses in conjunction with underground water;

      (c) Major facilities to convey and store surface water;

      (d) Standards, service areas, rates of flow and reserves for storage; and

      (e) Facilities to treat surface water.

      4.  Supply of underground water, which must include:

      (a) Existing and planned sources of underground water;

      (b) Existing and planned uses for all underground water, including municipal and industrial uses, maintenance of minimum ground water level and need for recharge, reserves for drought and future growth, uses to improve quality of water, uses to provide habitat and uses in conjunction with surface water;

      (c) Major facilities to extract and convey underground water;

      (d) Compliance with standards for treated and nontreated water, services areas, rates of flow and reserves for storage; and

      (e) Facilities to treat and store underground water.

      5.  Control of floods and drainage of storm water, as it relates to surface water, which must include:

      (a) Minimum standards of design for controlling floods in the region;

      (b) Nonstructural alternatives and standards for facilities to control floods in the region and single drainage basins;

      (c) Regional facilities to control floods; and

      (d) Generalized facilities and standards of design for single drainage basins.


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ê1995 Statutes of Nevada, Page 2653 (Chapter 688, SB 489)ê

 

      6.  Control of floods and drainage of storm water, as it relates to underground water, which must include:

      (a) Ground water level and capacity for additional storage of water underground as a means of mitigating floods;

      (b) Location and capacities of major facilities for controlling floods which utilize storage of water underground to mitigate floods; and

      (c) Standards of design for devices to infiltrate storm water and other minor facilities for controlling floods which utilize storage of water underground to mitigate floods.

      7.  Cost and financing, which must include an estimate of the cost of each major facility, source of water or other requirement of the plan and an analysis of alternatives for financing and funding the facility, source or other requirement, or alternatives thereto, as well as the effect of the funding alternatives on other facilities included in the plan. The estimate of cost must state the financial impact on persons within the region, including, without limitation, all direct and indirect costs of connecting to the system, if any.

      Sec. 17.  1.  The plan must be consistent with and carry out the provisions of the comprehensive regional plan adopted by the governing board for regional planning pursuant to NRS 278.0276 and the comprehensive plans, area plans and master plans for the use of land which are adopted by local governmental entities within the region.

      2.  The plan must be consistent with and carry out or support the carrying out of all aspects of Public Law 101-618, 104 Stat. 3324.

      3.  The plan must be consistent with the state water plan in effect at the time that the plan is adopted.

      Sec. 18.  In developing the proposed plan, the commission shall:

      1.  Receive and consider information from public utilities and other entities supplying municipal and industrial water within the region;

      2.  Receive and consider information from entities providing sanitary sewerage, treatment of sewage, drainage of storm water and control of floods within the region;

      3.  Receive and consider information from entities concerned with quality of water within the region;

      4.  Review and consider the state water plan, existing water conservation plans, each existing regional plan and master plan that has been adopted pursuant to the provisions of chapter 278 of NRS and applies to any area in the region, and any similar plan of a local government, and may seek and consider the advice of each local planning commission and any other affected entity;

      5.  Coordinate the elements of the proposed plan and make them consistent with each other;

      6.  Consider existing statutes and ordinances adopted by local governmental entities;

      7.  Recognize and coordinate the needs of the incorporated areas of the region with the unincorporated areas of the region; and

      8.  Receive and consider information from other interested persons.

      Sec. 19.  1.  Before submitting the proposed plan to the board, the commission shall hold at least one public hearing on the plan within the region.


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ê1995 Statutes of Nevada, Page 2654 (Chapter 688, SB 489)ê

 

      2.  Before acting on a proposed amendment to the adopted plan, the commission shall hold at least one public hearing on the proposed amendment at a location in the region relevant to the proposed amendment.

      3.  Notice of the time and place of each hearing must be given by publication in a newspaper of general circulation in the region at least 10 days before the day of the hearing. If there is more than one newspaper of general circulation in the region, notice must be given by publication in at least two such newspapers.

      4.  The decision to submit the proposed plan or any amendment to the adopted plan to the board must be made by resolution of the commission carried by the affirmative votes of not fewer than two-thirds of the total voting members of the commission. The resolution must refer expressly to the text, maps and descriptive or other matter intended by the commission to constitute the plan or amendment.

      Sec. 20.  1.  An attested copy of the proposed plan or an amendment must be submitted to the board.

      2.  Before taking any action on the proposed plan or an amendment, the board shall convene a public hearing.

      3.  Notice of the hearing must be given at least 10 days before the date of beginning the hearing. The notice must include, without limitation:

      (a) A statement of the time, place and nature of the hearing;

      (b) A statement of the legal authority under which the hearing is to be held; and

      (c) A reference to the particular sections of the statutes and regulations involved.

      4.  Not less than 30 days before the hearing the board shall place a copy of the proposed plan or amendment in the office of the county clerk and publish notice that the plan or amendment is available for public inspection. Notice of the time and place of the hearing must be published at least 10 days before the date of beginning the hearing. Each notice required by this subsection must be published in a newspaper of general circulation in the region. If there is more than one newspaper of general circulation in the region, notice must be given by publication in at least two such newspapers. The notice must be a display advertisement not less than 3 inches by 5 inches in size.

      Sec. 21.  1.  The board shall not change or add to the proposed plan or an amendment as submitted by the commission until it has submitted the substance of the proposed change or addition to the commission in writing with its reasons for the change or addition.

      2.  The commission shall, if it agrees to the change or addition, revise the submitted plan or amendment accordingly. If the commission does not agree, it shall report to the board in writing its reason for disagreeing and any alternative proposal.

      3.  In either case, the commission shall present its revision or report to the board within 40 days after the board’s change or amendment is submitted to it.

      4.  If the commission does not agree with the proposed change or addition and the board refuses to rescind its proposal or to accept an alternative proposal of the commission, the commission shall revise the originally submitted plan or amendment to incorporate the change or addition proposed by the board.


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ê1995 Statutes of Nevada, Page 2655 (Chapter 688, SB 489)ê

 

proposal of the commission, the commission shall revise the originally submitted plan or amendment to incorporate the change or addition proposed by the board.

      Sec. 22.  1.  After adoption by the board, the plan or an amendment must be submitted for review to the regional planning commission established by NRS 278.0262. The regional planning commission shall review the plan or amendment only for conformance with the comprehensive regional plan adopted pursuant to NRS 278.0276 and the comprehensive plans and master plans for the use of land which are adopted by local governmental entities within the region. The regional planning commission shall review the plan or amendment at one or more public hearings. Notice of the time and place of a hearing must be given in accordance with NRS 278.0276.

      2.  If the regional planning commission fails to make a determination within 40 days after the submission of the plan or amendment, the plan or amendment shall be deemed to conform to the comprehensive regional plan.

      3.  If the regional planning commission determines that the plan or amendment does not conform to the comprehensive regional plan, it shall state its reasons why the plan or amendment does not conform. Unless an appeal is filed pursuant to section 23 of this act, the commission and the board shall respectively develop and adopt, in accordance with sections 18 to 21, inclusive, of this act, proposed revisions to the plan or amendment, and the board shall resubmit the revised plan or amendment to the regional planning commission.

      Sec. 23.  1.  An affected entity that disagrees with the reasons given by the regional planning commission for its determination of conformance or nonconformance may file an appeal with the governing board for regional planning not later than 10 days after the determination of conformance or nonconformance. As used in this subsection, “affected entity” means a city within the region or a governmental entity or public utility providing services related to the subject matter of the comprehensive plan within the region.

      2.  Within 45 days after its receipt of an appeal, the governing board shall consider the appeal and issue its decision. If the decision of the governing board is that the plan or amendment does not conform to the comprehensive regional plan, it shall state its reasons why the plan does not conform. The commission and the board shall then respectively develop and adopt, in accordance with sections 18 to 21, inclusive, of this act, proposed revisions to the plan, and the board shall resubmit the revised plan to the regional planning commission for review.

      Sec. 24.  The adopted plan must be reviewed by the commission on a schedule to be established by the board, which must at least provide for review of the initial plan within 5 years after its adoption and every 3 years thereafter. After each review, the commission shall submit any proposed amendment to the board or report that there are none.

      Sec. 25.  1.  Except as otherwise provided in subsection 2, on and after the date the plan is finally approved, no facility intended to provide a service relating to a subject of the comprehensive plan within the region may be constructed, if the facility is of such a kind or size as to affect the working of the comprehensive plan as distinct from providing normal service to customers, unless it is included in the plan or has been reviewed and approved as provided in subsection 3.


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ê1995 Statutes of Nevada, Page 2656 (Chapter 688, SB 489)ê

 

the comprehensive plan as distinct from providing normal service to customers, unless it is included in the plan or has been reviewed and approved as provided in subsection 3.

      2.  The plan may allow for the construction of facilities not included within it in order to meet an emergency as defined in the plan.

      3.  A proposal to construct a facility described in subsection 1 within the region must be submitted to the commission for review and recommendation to the board concerning its conformance with the adopted plan. If the commission fails to make such a recommendation within 30 days after the proposal is submitted to it, the commission shall be deemed to have made a recommendation that the proposal conforms to the adopted plan. The board shall consider the recommendation of the commission and approve or disapprove the proposal as conforming to the adopted plan. Any disapproval must be accompanied by recommended actions to be taken to make the proposal conform to the plan. The commission and the board shall limit their review to the substance and content of the adopted plan and shall not consider the merits or deficiencies of a proposal in a manner other than is necessary to enable them to make a determination concerning conformance with the adopted plan.

      4.  The board shall provide by ordinance for the commission or its staff to make final decisions concerning the conformance of classes of proposed facilities to the adopted plan. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the staff or commission to the board.

      Sec. 26.  In addition to adopting and revising the comprehensive plan, the board shall, upon the recommendation of the commission:

      1.  Develop methods for conserving existing supplies of water which are consistent with statutorily required plans;

      2.  Develop methods of collecting and treating sewage in order to protect and conserve supplies of water;

      3.  Provide information to members of the public regarding present and potential uses of water; and

      4.  Make recommendations concerning the management and use of water within the region to:

      (a) The governing body and the planning commission of each city in the region;

      (b) The governing board for regional planning and the regional planning commission;

      (c) The public service commission of Nevada and the state engineer; and

      (d) The United States of America.

      Sec. 27.  The board may acquire water rights or other sources of water, within or outside the region, for future use in accordance with the adopted comprehensive plan. Any right or source of water belonging to a local government or governmental agency within the region must be used in accordance with the adopted comprehensive plan. The board may impose a reasonable charge upon a person seeking a commitment from a public utility to provide water, for making water from a source so acquired available for that use.

      Sec. 28.  (Deleted by amendment.)


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ê1995 Statutes of Nevada, Page 2657 (Chapter 688, SB 489)ê

 

      Sec. 29.  1.  The board of county commissioners shall create a district for remediation of the quality of water if the county or district health officer or the administrator of the division certifies in writing to the board that a condition exists in an area of the region which is affecting or will affect the quality of water that is available for municipal, industrial or domestic use within the region.

      2.  Upon receipt of the certificate, the board shall proceed, in cooperation with the health officer and the division, to verify the existence and extent of the condition and establish the appropriate boundaries of the district. Money expended by the board for this purpose may be recovered, after the district is established, pursuant to a plan of assessment for the district.

      3.  The district created pursuant to this section must include, without limitation:

      (a) The entire area where the condition which requires remediation is present;

      (b) The entire area for which remediation is necessary; and

      (c) Any other area which will benefit directly or indirectly from the protection of the quality or quantity of water which is available for municipal, industrial or domestic use.

      Sec. 30.  1.  Before creating a district for remediation pursuant to section 29 of this act, the board of county commissioners shall prepare a plan for remediation which must be approved by the division.

      2.  The plan for remediation may include, without limitation, any action which is reasonable and economically feasible in the event of the release or threat of release of any hazardous substance into the environment which may affect the water quality in this state. Such action may include, without limitation:

      (a) Monitoring, assessing and evaluating the water which may be affected by the substance;

      (b) Removing or disposing of the substance or remedying the condition of the water in any other manner; and

      (c) Taking such actions as are necessary to prevent, minimize or mitigate damage to the affected water.

      3.  After the plan for remediation is approved by the division, the board shall determine:

      (a) The basis upon which assessments may equitably and proportionally be imposed upon property within the district; and

      (b) The amount of the assessment to be imposed upon each parcel of land within the district, identified by the parcel number assigned for the purpose of taxation ad valorem.

      4.  Any assessment imposed pursuant to this section must be imposed equitably and proportionately on the basis of the quantity of water delivered to or diverted on the property for municipal, industrial or domestic use during the calendar year immediately preceding the assessment, as determined from information available to the board, or on the special benefit accruing to the property from remedying the condition, or a combination thereof, but in no event may any assessment exceed the reasonable market value of the property as determined by the board. If water was delivered to or diverted on the property for less than a full calendar year preceding the assessment or not at all, the board shall consider any benefit to the property from the protection of the quality or quantity of water available for municipal, industrial or domestic uses in making the assessment, as well as the special benefit accruing to the property from remedying the condition.


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ê1995 Statutes of Nevada, Page 2658 (Chapter 688, SB 489)ê

 

all, the board shall consider any benefit to the property from the protection of the quality or quantity of water available for municipal, industrial or domestic uses in making the assessment, as well as the special benefit accruing to the property from remedying the condition.

      5.  An owner or lessee of property within the district who did not cause or contribute to the condition which the district was created to remedy is not subject to criminal or civil liability, including, without limitation, any liability for the cost of remediation or any related damage or injury caused by the condition, except to the extent of any unpaid assessments levied against the property.

      6.  In preparing the plan, establishing the district, implementing the plan, establishing an assessment roll, hearing complaints, objections or protests to assessments, levying assessments, apportioning assessments based upon a division of a tract, refunding a surplus, paying deficiencies in assessments, pledging revenues, determining assessments, placing omitted property on the assessment roll, issuing bonds and collecting and enforcing delinquent assessments the board shall, to the extent practicable, comply with the provisions of chapter 271 of NRS and the owners of property must be granted the rights and remedies provided for owners of property in chapter 271 of NRS, except that the provisions of NRS 271.306 do not apply to this chapter.

      7.  Notwithstanding any other provision of law, no person, governmental agency or charitable organization, except the federal government, is exempt from an assessment levied pursuant to this section.

      Sec. 31.  The board of county commissioners may reimburse a person, governmental agency or public utility for any expenses incurred in identifying, studying and remedying, or attempting in good faith to remedy, the condition before the district is created.

      Sec. 31.5.  Any recovery from a person who has caused or contributed to the condition requiring remediation must be used to offset the cost of remediation and must be credited to the assessments.

      Sec. 32.  The board of county commissioners may sell or lease, to the largest supplier of water within the region which is a public utility, at a negotiated price, any property or facility used by the county to supply water within the region, or contract for the operation or management of the property or facility by the public utility.

      Sec. 32.5.  1.  The board of county commissioners and the largest supplier of water within the region which is a public utility shall enter into an agreement which defines the respective areas within the region where the public utility and all systems for the supply of water which are controlled or operated by the board will provide retail water services. The agreement must resolve all issues related to service territories of the public utility and all systems for the supply of water which are controlled or operated by the board. An agreement executed pursuant to this subsection does not become effective until the public service commission of Nevada approves the terms of the agreement.

      2.  The agreement entered into pursuant to subsection 1 governs the provision of retail water services by the public utility and the board, unless the agreement is amended by the mutual agreement of the board and the public utility.


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ê1995 Statutes of Nevada, Page 2659 (Chapter 688, SB 489)ê

 

      3.  The public utility must comply with any applicable regulations of the public service commission of Nevada when providing water services within the region.

      4.  The public utility may withhold from the board at any time before an agreement is finalized pursuant to subsection 1 any information which is confidential, proprietary or which may cause a competitive disadvantage to the public utility if the information is disseminated.

      Sec. 33.  Before the effective date of the plan adopted pursuant to section 15 of this act:

      1.  The largest supplier of water within the region which is a public utility shall provide wholesale water services in a manner consistent with its water resource plan as approved by the public service commission of Nevada.

      2.  The largest supplier of water within the region which is a public utility shall provide all wholesale water services to any system of water supply operated or controlled by the board of county commissioners from water resources recognized in its water resource plan as approved by the public service commission of Nevada, except to the extent that:

      (a) There is an existing system or a system under construction for the provision of wholesale water services;

      (b) The public utility enters into an agreement with the board on or before June 15, 1995;

      (c) A subdivision map has been approved on or before June 15, 1995, in an unincorporated area of the region; or

      (d) The public utility and the board agree that it is more economical for the board to provide such services.

      Sec. 33.5.  [Before the effective date of the plan adopted pursuant to section 15 of this act:]

      1.  The largest supplier of water within the region which is a public utility shall provide wholesale water services in a manner consistent with its water resource plan as approved by the public service commission of Nevada.

      2.  The largest supplier of water within the region which is a public utility shall provide all wholesale water services to any system of water supply operated or controlled by the board of county commissioners from water resources recognized in its water resource plan as approved by the public service commission of Nevada, except to the extent that:

      (a) There is an existing system or a system under construction for the provision of wholesale water services;

      (b) The public utility enters into an agreement with the board on or before June 15, 1995;

      (c) A subdivision map has been approved on or before June 15, 1995, in an unincorporated area of the region; or

      (d) The public utility and the board agree that it is more economical for the board to provide such services.

      Sec. 34.  NRS 533.030 is hereby amended to read as follows:

      533.030  1.  Subject to the existing rights, and except as otherwise provided in this section, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.


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

ê1995 Statutes of Nevada, Page 2660 (Chapter 688, SB 489)ê

 

      2.  The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, is hereby declared to be a beneficial use.

      3.  [Subject to the provisions of NRS 533.395, the appropriation of water or the acquisition or lease of appropriated water from any:

      (a) Stream system as provided for in this chapter; or

      (b) Underground water as provided for in NRS 534.080,

by a political subdivision of this state or a public utility as defined in NRS 704.020 to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS or a plan approved by the state engineer, is a beneficial use.

      4.] Except as otherwise provided in subsection [5,] 4, in any county whose population is 400,000 or more:

      (a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any man-made lake or stream located within the unincorporated areas of the county.

      (b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any man-made lake or stream located within the boundaries of the city.

      [5.] 4.  In any county whose population is 400,000 or more, the provisions of subsection 1 and of any ordinance adopted pursuant to subsection [4] 3 do not apply to:

      (a) Water stored in a man-made reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

      (b) Water used in a mining reclamation project; or

      (c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.

      Sec. 34.5.  NRS 533.395 is hereby amended to read as follows:

      533.395  1.  If, at any time in the judgment of the state engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the state engineer shall require the submission of such proof and evidence as may be necessary to show a compliance with the law. If, in his judgment, the holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the state engineer shall cancel the permit, and advise the holder of its cancellation. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the appropriation.

      2.  If any permit is canceled under the provisions of NRS 533.390, this section or 533.410, the holder of the permit may within 60 days of the cancellation of the permit file a written petition with the state engineer requesting a review of the cancellation by the state engineer at a public hearing. The state engineer may, after receiving and considering evidence, affirm, modify or rescind the cancellation.

      3.  If the decision of the state engineer modifies or rescinds the cancellation of a permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the state engineer.


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ê1995 Statutes of Nevada, Page 2661 (Chapter 688, SB 489)ê

 

and replaced by the date of the filing of the written petition with the state engineer.

      4.  The cancellation of a permit may not be reviewed or be the subject of any judicial proceedings unless a written petition for review has been filed and the cancellation has been affirmed, modified or rescinded pursuant to subsection 2.

      5.  For the purpose of this section, the measure of reasonable diligence is the steady application of effort to perfect the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

      6.  The appropriation of water or the acquisition or lease of appropriated water from any:

      (a) Stream system as provided for in this chapter; or

      (b) Underground water as provided for in NRS 534.080,

by a political subdivision of this state or a public utility as defined in NRS 704.020 to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS, a plan adopted pursuant to section 15 of this act or a plan approved by the state engineer, must be considered when reviewing an extension of time.

      Sec. 34.7.  NRS 533.395 is hereby amended to read as follows:

      533.395  1.  If, at any time in the judgment of the state engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the state engineer shall require the submission of such proof and evidence as may be necessary to show a compliance with the law. If, in his judgment, the holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the state engineer shall cancel the permit, and advise the holder of its cancellation. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the appropriation.

      2.  If any permit is canceled under the provisions of NRS 533.390, this section or 533.410, the holder of the permit may within 60 days of the cancellation of the permit file a written petition with the state engineer requesting a review of the cancellation by the state engineer at a public hearing. The state engineer may, after receiving and considering evidence, affirm, modify or rescind the cancellation.

      3.  If the decision of the state engineer modifies or rescinds the cancellation of a permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the state engineer.

      4.  The cancellation of a permit may not be reviewed or be the subject of any judicial proceedings unless a written petition for review has been filed and the cancellation has been affirmed, modified or rescinded pursuant to subsection 2.


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

ê1995 Statutes of Nevada, Page 2662 (Chapter 688, SB 489)ê

 

      5.  For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

      6.  The appropriation of water or the acquisition or lease of appropriated water from any:

      (a) Stream system as provided for in this chapter; or

      (b) Underground water as provided for in NRS 534.080,

by a political subdivision of this state or a public utility as defined in NRS 704.020 to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS [, a plan adopted pursuant to section 15 of this act] or a plan approved by the state engineer, must be considered when reviewing an extension of time.

      Secs. 35-37.  (Deleted by amendment.)

      Sec. 38.  NRS 543.320 is hereby amended to read as follows:

      543.320  1.  Except as otherwise provided in subsection 2, the district is governed by a board of directors consisting of the members of the board of county commissioners of the county.

      2.  If the district coincides with a county in which a regional transportation commission has been created pursuant to chapter 373 of NRS, unless the county has a population of 100,000 or more but less than 400,000, the members of that commission constitute the board of directors of the district.

      Sec. 39.  NRS 278.026 is hereby amended to read as follows:

      278.026  As used in NRS 278.026 to 278.029, inclusive, unless the context otherwise requires:

      1.  “Affected entity” means a public utility, franchise holder, local or regional agency, or any other entity having responsibility for planning or providing public facilities relating to transportation, [water or sewer services,] solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality [, flood control] or public education. The term does not include:

      (a) A state agency; or

      (b) A public utility which is subject to regulation by the public service commission of Nevada.

      2.  “Facilities plan” means a plan for the development of public facilities which will have a regional impact or which will aid in accomplishing regional goals relating to transportation, [water or sewer services,] solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality [, flood control] or public education. The term does not include a plan for the development of a specific site or regulations adopted by an affected entity to implement the comprehensive regional plan.

      3.  “Governing board” means the governing board for regional planning created pursuant to NRS 278.0264.

      4.  “Joint planning area” means an area that is the subject of common study and planning by the governing body of a county and one or more cities.


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ê1995 Statutes of Nevada, Page 2663 (Chapter 688, SB 489)ê

 

      5.  “Project of regional significance,” with respect to a project proposed by any person other than a public utility, means a project which:

      (a) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, cultural or scenic resource;

      (b) Has been identified in the guidelines of the regional planning commission as a project which will result in the creation of significant new geothermal or mining operations;

      (c) Has been identified in the guidelines of the regional planning commission as a project which will have a significant effect on the natural resources, public services, public facilities or the adopted regional form of the region; or

      (d) Will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land which, if approved, will have an effect on the region of increasing:

             (1) Employment by not less than 938 employees;

             (2) Housing by not less than 625 units;

             (3) Hotel accommodations by not less than 625 rooms;

             (4) Sewage by not less than 187,500 gallons per day;

             (5) Water usage by not less than 625 acre feet per year; or

             (6) Traffic by not less than an average of 6,250 trips daily.

The term does not include any project for which a request for an amendment to a master plan, a change in zoning, a tentative map or a special use permit has been approved by the local planning commission before June 17, 1989.

      6.  “Project of regional significance,” with respect to a project proposed by a public utility, includes:

      (a) An electric substation;

      (b) A transmission line that carries 60 kilovolts or more;

      (c) A facility that generates electricity greater than 5 megawatts;

      (d) [A water treatment plant;

      (e) A water storage tank that is larger than 500,000 gallons;

      (f) A pump station that is rated over 3,000 gallons per minute;

      (g) A water reservoir with a surface area larger than 2 acres;

      (h)] Natural gas storage and peak shaving facilities;

      [(i)] and

      (e) Gas regulator stations and mains that operate over 100 pounds per square inch . [; and

      (j) Transmission water mains that are larger than 30 inches in diameter which are used primarily to transport water from a source of supply to an area of demand if the distance is greater than 5 miles.]

      7.  “Sphere of influence” means an area into which a city plans to expand as designated in the comprehensive regional plan within the time designated in the comprehensive regional plan.

      Sec. 40.  NRS 445.3845 is hereby amended to read as follows:

      445.3845  A permit to operate a water system may not be issued pursuant to NRS 445.3841 unless all of the following conditions are met:

      1.  Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system.


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ê1995 Statutes of Nevada, Page 2664 (Chapter 688, SB 489)ê

 

      2.  The applicant fully complies with all of the conditions of NRS 445.3841 to 445.3853, inclusive.

      3.  The local governing body assumes:

      (a) Responsibility in case of default by the builder or developer of the water system for its continued operation and maintenance in accordance with all of the terms and conditions of the permit.

      (b) The duty of assessing the lands served as provided in subsection 5.

      4.  The applicant furnishes the local governing body sufficient surety in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system:

      (a) For 5 years following the date the system is placed in operation; or

      (b) Until 75 percent of the lots or parcels served by the system are sold, whichever is later.

      5.  The owners of the lands to be served by the water system record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the water system if there is a default by the applicant or operator of the water system and a sufficient surety, as provided in subsection 4, is not available.

      6.  If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.

      7.  The declaration of covenants, conditions and restrictions recorded by the owners of the lands further provides that if the state board of health determines that:

      (a) The water system is not satisfactorily serving the needs of its users; and

      (b) Water provided by a public utility or a municipality or other public entity is reasonably available,

the local governing body may, pursuant to NRS 244.3655 or 268.4102, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the public service commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445.3847.

      [7.] 8.  Provision has been made for disposition of the water system and the land on which it is situated after the local governing body requires all users to connect into an available water system provided by a public utility or a municipality or other public entity.

      Sec. 41.  Sections 1 to 12, inclusive, of chapter 487, Statutes of Nevada 1983, at page 1309, chapter 529, Statutes of Nevada 1985, at page 1599, and chapter 548, Statutes of Nevada 1991, at page 1727, are hereby repealed.


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ê1995 Statutes of Nevada, Page 2665 (Chapter 688, SB 489)ê

 

      Sec. 42.  1.  After the comprehensive plan first adopted pursuant to the provisions of sections 15 to 23, inclusive, of this act is determined to be in conformance with the comprehensive regional plan, and before the plan becomes effective, the plan must be submitted to the governing bodies of the two largest cities in the region for review and approval. Any disapproval must be accompanied by a report and explanation therefor. Any revisions to the plan as a result of a disapproval must be developed, tentatively adopted and reviewed for conformance in accordance with sections 15 to 23, inclusive, of this act. The plan as revised does not become effective until neither city disapproves. The plan must be approved by the governing bodies of the two largest cities in the region not later than 21 months after the effective date of this act.

      2.  Failure of the governing body of either city to review and approve or report on the plan within 60 days shall be deemed to be approval thereof.

      Sec. 43.  A tax of not more than one-half cent on each $100 of assessed valuation levied pursuant to section 8.6 of chapter 529, Statutes of Nevada 1985, as amended by chapter 548, Statutes of Nevada 1991, at page 1728, remains effective and may be collected during the fiscal years 1995-1996 and 1996-1997 despite the repeal of chapter 529, Statutes of Nevada 1985, as amended.

      Sec. 44.  1.  This section and sections 1 to 33, inclusive, 34, 34.5 and 35 to 43, inclusive, of this act become effective on July 1, 1995.

      2.  Sections 33.5 and 34.7 become effective on July 30, 1997.

      3.  Sections 2 to 27, inclusive, and 39 expire by limitation on July 30, 1997.

 

________

 

 

CHAPTER 689, AB 170

Assembly Bill No. 170–Committee on Taxation

CHAPTER 689

AN ACT relating to taxation; clarifying the legislative intent concerning the application of sales tax to food for immediate consumption; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  On June 5, 1979, the people of the State of Nevada enacted an exemption for the retail sale of food from the sales and use tax;

      2.  The exemption for the retail sale of food contains an exception for food prepared for immediate consumption;

      3.  The provisions enacted in 1979 stated that the exemption of food for human consumption from the sales and use tax and local school support tax must be strictly construed and be applied to only those foods and beverages commonly purchased for preparation and consumption at home;


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ê1995 Statutes of Nevada, Page 2666 (Chapter 689, AB 170)ê

 

      4.  The provisions further stated that the exemption applies to food and beverages sold in food stores or departments where sales of eligible foods and beverages constitute more than half of the total sales;

      5.  Changes in modern marketing techniques have blurred the distinction between food sold in restaurants for immediate consumption and food sold in grocery stores which requires no additional preparation;

      6.  A clear distinction between taxable and exempt food can be made based upon whether or not it is prepared food intended for immediate consumption; and

      7.  The provisions enacted in 1979 need to be revised to reflect modern technology and ensure fairness and equal treatment for all sectors of the retail food business.

      Sec. 2.  Section 156 of chapter 286, Statutes of Nevada 1979, at page 432, is hereby amended to read as follows:

       Sec. 156.  1.  The section numbers and leadlines contained in the respective sections added to chapter 372 of NRS by sections 43 to 154, inclusive, of this act are for convenient reference only and are not part of the law.

       2.  It is the intent of the legislature that the exemption of food for human consumption from the sales and use tax and local school support tax, if it becomes effective, be strictly construed and be applied only to those foods and beverages [commonly purchased for preparation and consumption at home. As of the effective date of this section,] which are not prepared food intended for immediate consumption, including, without limitation, such foods and beverages [are] as those eligible for purchase with food coupons issued by the Department of Agriculture . [and sold in food stores or departments where sales of eligible foods and beverages constitute more than half of total sales. The exemption is not intended to include sales by or from catering services or vending machines.]

      Sec. 3.  This act becomes effective on July 1, 1997.

 

________


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ê1995 Statutes of Nevada, Page 2667ê

 

CHAPTER 690, SB 498

Senate Bill No. 498–Committee on Judiciary

CHAPTER 690

AN ACT relating to civil actions; limiting by statute the civil liability of a person who sells or serves alcoholic beverages; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  No person who serves or sells alcoholic beverages is liable in a civil action based on the grounds that the service or sale was the proximate cause of injuries inflicted by an intoxicated person upon himself or another person.

      2.  The violation of any statute, regulation or ordinance which regulates the sale or service of alcoholic beverages to a minor or an intoxicated person does not constitute negligence per se in any action brought against the server or seller for injuries inflicted by an intoxicated person upon himself or another person.

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

 

________

 

 

CHAPTER 691, SB 474

Senate Bill No. 474–Committee on Judiciary

CHAPTER 691

AN ACT relating to civil actions; revising provisions governing civil liability of employers; revising provisions governing civil liability of keepers of specified accommodations for the public; revising provisions relating to punitive damages; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.085 is hereby amended to read as follows:

      41.085  1.  As used in this section, “heir” means a person who, under the laws of this state, would be entitled to succeed to the separate property of the decedent if he had died intestate.

      2.  When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against his personal representatives, whether the wrongdoer died before or after the death of the person he injured. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for his conduct, the action may be maintained against that other person, or if he is dead against his personal representatives.


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ê1995 Statutes of Nevada, Page 2668 (Chapter 691, SB 474)ê

 

      3.  An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by his personal representatives which arose out of the same wrongful act or neglect may be joined.

      4.  The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for his grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.

      5.  The damages recoverable by the personal representatives of a decedent on behalf of his estate include:

      (a) Any special damages, such as medical expenses, which the decedent incurred or sustained before his death, and funeral expenses; and

      (b) Any penalties , including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if he had lived,

but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.

      Sec. 2.  Chapter 42 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  As used in this chapter, unless the context otherwise requires and except as otherwise provided in subsection 5 of NRS 42.005:

      1.  “Conscious disregard” means the knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.

      2.  “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive another person of his rights or property or to otherwise injure another person.

      3.  “Malice, express or implied” means conduct which is intended to injure a person or despicable conduct which is engaged in with a conscious disregard of the rights or safety of others.

      4.  “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship with conscious disregard of the rights of the person.

      Sec. 4.  1.  Except as otherwise provided in subsection 2, in an action for the breach of an obligation in which exemplary or punitive damages are sought pursuant to subsection 1 of NRS 42.005 from an employer for the wrongful act of his employee, the employer is not liable for the exemplary or punitive damages unless:

      (a) The employer had advance knowledge that the employee was unfit for the purposes of the employment and employed him with a conscious disregard of the rights or safety of others;

      (b) The employer expressly authorized or ratified the wrongful act of the employee for which the damages are awarded; or

      (c) The employer is personally guilty of oppression, fraud or malice, express or implied.

If the employer is a corporation, the employer is not liable for exemplary or punitive damages unless the elements of paragraph (a), (b) or (c) are met by an officer, director or managing agent of the corporation who was expressly authorized to direct or ratify the employee’s conduct on behalf of the corporation.


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ê1995 Statutes of Nevada, Page 2669 (Chapter 691, SB 474)ê

 

an officer, director or managing agent of the corporation who was expressly authorized to direct or ratify the employee’s conduct on behalf of the corporation.

      2.  The limitations on liability set forth in subsection 1 do not apply to an action brought against an insurer who acts in bad faith regarding its obligations to provide insurance coverage.

      Sec. 5.  NRS 42.005 is hereby amended to read as follows:

      42.005  1.  [In] Except as otherwise provided in section 4 of this act, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:

      (a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or

      (b) Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.

      2.  The limitations on the amount of an award of exemplary or punitive damages prescribed in subsection 1 do not apply to an action brought against:

      (a) A manufacturer, distributor or seller of a defective product;

      (b) An insurer who acts in bad faith regarding its obligations to provide insurance coverage;

      (c) A person for violating a state or federal law prohibiting discriminatory housing practices, if the law provides for a remedy of exemplary or punitive damages in excess of the limitations prescribed in subsection 1;

      (d) A person for damages or an injury caused by the emission, disposal or spilling of a toxic, radioactive or hazardous material or waste; or

      (e) A person for defamation.

      3.  If punitive damages are claimed pursuant to this section, the trier of fact shall make a finding of whether such damages will be assessed. If such damages are to be assessed, a subsequent proceeding must be conducted before the same trier of fact to determine the amount of such damages to be assessed. The trier of fact shall make a finding of the amount to be assessed according to the provisions of this section. The findings required by this section, if made by a jury, must be made by special verdict along with any other required findings. The jury must not be instructed, or otherwise advised, of the limitations on the amount of an award of punitive damages prescribed in subsection 1.

      4.  Evidence of the financial condition of the defendant is not admissible for the purpose of determining the amount of punitive damages to be assessed until the commencement of the subsequent proceeding to determine the amount of exemplary or punitive damages to be assessed.

      5.  For the purposes of an action brought against an insurer who acts in bad faith regarding its obligations to provide insurance coverage, the definitions set forth in section 3 of this act are not applicable and the corresponding provisions of the common law apply.


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

ê1995 Statutes of Nevada, Page 2670 (Chapter 691, SB 474)ê

 

      Sec. 6.  Chapter 651 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.

      Sec. 7.  As used in NRS 651.010 to 651.040, inclusive, this section and section 8 of this act, “premises” includes, but is not limited to, all buildings, improvements, equipment and facilities, including any parking lot, recreational facility or other land, used or maintained in connection with a hotel, inn, motel, motor court, boardinghouse or lodginghouse.

      Sec. 8.  1.  An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse is not civilly liable for the death or injury of a patron or other person on the premises caused by another person who is not an employee under the control or supervision of the owner or keeper unless:

      (a) The wrongful act which caused the death or injury was foreseeable; and

      (b) There is a preponderance of evidence that the owner or keeper did not exercise due care for the safety of the patron or other person on the premises.

      2.  An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse is civilly liable for the death or injury of a patron or other person on the premises caused by another person who is not an employee under the control or supervision of the owner or keeper if:

      (a) The wrongful act which caused the death or injury was foreseeable; and

      (b) The owner or keeper failed to take reasonable precautions against the foreseeable wrongful act.

The court shall determine as a matter of law whether the wrongful act was foreseeable and whether the owner or keeper had a duty to take reasonable precautions against the foreseeable wrongful act of the person who caused the death or injury.

      3.  For the purposes of this section, a wrongful act is not foreseeable unless:

      (a) The owner or keeper failed to exercise due care for the safety of the patron or other person on the premises; or

      (b) Prior incidents of similar wrongful acts occurred on the premises and the owner or keeper had notice or knowledge of those incidents.

      Sec. 9.  NRS 651.010 is hereby amended to read as follows:

      651.010  1.  An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse in this state is not civilly liable for the theft, loss, damage or destruction of any property [left in the room of any guest or left in a motor vehicle on the premises, including the parking facilities, of such an establishment] brought by a patron upon the premises or left in a motor vehicle upon the premises because of theft, burglary, fire or otherwise, in the absence of gross neglect by the owner or keeper.

      2.  [If an] An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodginghouse in this state is not civilly liable for the theft, loss, damage or destruction of any property of a guest left in a guest room if:

      (a) The owner or keeper provides a fireproof safe or vault in which guests may deposit property for safekeeping [, and notice] ;

      (b) Notice of this service is personally given to a guest or posted in the office and the guest’s room [, the owner or keeper is not liable for the theft, loss, damage or destruction of any property which] ; and


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ê1995 Statutes of Nevada, Page 2671 (Chapter 691, SB 474)ê

 

      (c) The property is not offered for deposit in the safe or vault by a guest , unless the owner or keeper is grossly negligent.

      3.  An owner or keeper is not obligated to receive property to deposit for safekeeping which exceeds $750 in value or is of a size which cannot easily fit within the safe or vault.

      [3.] 4.  The liability of the owner or keeper [under this section] does not exceed the sum of $750 for any property , including, but not limited to, property which is not deposited in a safe or vault because it cannot easily fit within the safe or vault, of an individual patron or guest, unless the owner or keeper receives the property for deposit for safekeeping and consents to assume a liability greater than $750 for its theft, loss, damage [,] or destruction in a written agreement in which the patron or guest specifies the value of the property.

      Sec. 10.  Chapter 681A of NRS is hereby amended by adding thereto a new section to read as follows:

      An insurer may insure against legal liability for exemplary or punitive damages that do not arise from a wrongful act of the insured committed with the intent to cause injury to another.

      Sec. 11.  1.  The amendatory provisions of sections 1 to 9, inclusive, of this act are applicable to any action filed on or after the effective date of this act. Any action filed before the effective date of this act must be controlled by the applicable statutes in their prior form, any applicable common law and any applicable case law that construed the common law or the statutes in their prior form.

      2.  If any provision of this section, or the application thereof to any person, thing or circumstance is held invalid, the invalidity of that provision does not affect the provisions or applicability of this section or sections 1 to 10, inclusive, of this act which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. The provisions of this subsection do not affect the operation or applicability of NRS 0.020 to the provisions of sections 1 to 10, inclusive, of this act.

      Sec. 12.  This act becomes effective upon passage and approval.

 

________


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ê1995 Statutes of Nevada, Page 2672ê

 

CHAPTER 692, AB 194

Assembly Bill No. 194–Assemblymen Ernaut, Hettrick, Dini, Sandoval, Schneider, Stroth, Nolan, Harrington, Allard, Marvel, Arberry, Giunchigliani, Spitler, Brower, Tiffany, Neighbors, Carpenter, Segerblom, Braunlin, Steel and Price

CHAPTER 692

AN ACT relating to the state budget; providing for the creation of one or more legislative committees for the fundamental review of the base budgets of state agencies; providing the duties and powers of such a committee; and providing other matters properly relating thereto.

 

[Approved July 6, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, “committee” means a legislative committee for the fundamental review of the base budgets of state agencies.

      Sec. 3.  1.  If:

      (a) The legislature, by concurrent resolution, during a regular legislative session; or

      (b) The interim finance committee, by resolution, while the legislature is not in regular session,

determines that the performance of a fundamental review of the base budget of a particular agency is necessary, the legislative commission shall create a legislative committee for the fundamental review of the base budgets of state agencies. The legislative commission may create more than one such committee if the number of agencies designated for review warrants additional committees. If more than one such committee is created, the legislative commission shall determine which agencies are to be reviewed by the respective committees.

      2.  Each such committee must consist of an equal number of members of the senate and the assembly. The majority leader of the senate and the speaker of the assembly shall appoint the members of a committee. At least a majority of the members of a committee must be members of the interim finance committee. The legislative commission shall designate the chairman of a committee.

      3.  Any member of a committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the legislature is convened.

      4.  Vacancies on a committee must be filled in the same manner as original appointments.

      5.  A majority of the members appointed to a committee constitutes a quorum.

      6.  The director of the legislative counsel bureau shall assign employees of the legislative counsel bureau to provide such technical, clerical and operational assistance to a committee as the functions and operations of the committee may require.


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

ê1995 Statutes of Nevada, Page 2673 (Chapter 692, AB 194)ê

 

      Sec. 4.  1.  The members of a committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary.

      2.  Except during a regular or special session of the legislature, members of a committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

      3.  The salaries and expenses of a committee must be paid from the legislative fund.

      Sec. 5.  1.  A committee shall, during the legislative interim, perform a fundamental review of the base budget of each state agency assigned to it for review.

      2.  A committee may request the state agency under review and any other agency to submit information, analyses and reports which are pertinent to the reviews conducted pursuant to this section. Each agency of the state shall cooperate fully and provide the material requested within the period specified by a committee.

      3.  A committee shall, before the convening of the next regular session of the legislature, transmit a report of each review conducted pursuant to this section, and any related recommendations, to the legislative commission.

      Sec. 6.  1.  In conducting the investigations and hearings of a committee:

      (a) The secretary of the committee or, in his absence, any member designated by the committee may administer oaths.

      (b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or outside of the state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The chairman of the committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the chairman of the committee may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the committee which is named in the subpoena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.

      3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the committee.


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

ê1995 Statutes of Nevada, Page 2674 (Chapter 692, AB 194)ê

 

or papers before the committee. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

      Sec. 7.  Each witness who appears before a committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the secretary and chairman of the committee.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, the interim finance committee may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.

      2.  During a regular session the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 328.480, subsection 1 of NRS 341.145, NRS 353.220, 353.224 and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, subsection 6 of NRS 445.700 and NRS 538.650. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.

      3.  If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to section 3 of this act.

      Sec. 9.  NRS 218.610 is hereby amended to read as follows:

      218.610  As used in NRS 218.610 to 218.735, inclusive, and section 8 of this act, “agency of the state” includes all offices, departments, boards, commissions or institutions of the state, and the state industrial insurance system.

      Sec. 10.  NRS 218.6825 is hereby amended to read as follows:

      218.6825  1.  There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.


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

ê1995 Statutes of Nevada, Page 2675 (Chapter 692, AB 194)ê

 

      2.  If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.

      3.  [The interim finance committee, except as otherwise provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.] The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.

      4.  [During a regular session the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 328.480, subsection 1 of NRS 341.145, NRS 353.220, 353.224 and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, subsection 6 of NRS 445.700 and NRS 538.650. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.

      5.] The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.

      [6.] 5.  A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.

      [7.] 6.  In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. [An action must not] No action may be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.

      [8.] 7.  Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All such compensation must be paid from the contingency fund in the state treasury.

      Sec. 11.  This act becomes effective on July 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 2676ê

 

CHAPTER 693, SB 538

Senate Bill No. 538–Committee on Commerce and Labor

CHAPTER 693

AN ACT relating to insurance; revising provisions governing the payment by brokers of taxes and penalties; establishing requirements regarding the marketing, coverage and renewal of certain contracts of health insurance for small employers; authorizing the formation of voluntary groups to purchase certain contracts of health insurance; extending the time by which certain insurers must file certain financial information with the commissioner of insurance; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 685A.190 is hereby amended to read as follows:

      685A.190  1.  [Every] A broker who fails to make and file the annual statement [as required under] required pursuant to NRS 685A.170 before April 1 after the due date of the statement, is liable for a penalty of [$25 for each day of delinquency, beginning with April 1, but not to exceed in the aggregate $500.

      2.  Every] $500

      2.  Except as otherwise provided in this subsection, a broker who fails to pay the tax required by NRS 685A.180 before April 1 after the date upon which the tax is due is liable :

      (a) If the aggregate amount of the tax owed by the broker is more than $50, for a penalty in the first year of delinquency in the amount of [$500 or the amount,] $1,000 or 125 percent of the delinquent tax, whichever is larger [. If the broker fails to pay the tax and penalty within 1 year after they are due, the broker is liable for a separate penalty for each subsequent year of delinquency equal to the sum of all unpaid taxes and penalties for each previous year.] ; or

      (b) If the aggregate amount of the tax owed by the broker is $50 or less, for a penalty in the first year of delinquency in an amount equal to the amount of the delinquent tax.

      3.  Interest must be charged on all penalties imposed pursuant to subsection 2 in an amount equal to the prime rate at the largest bank in the State of Nevada, as ascertained by the commissioner of financial institutions on January 1 of the year in which the tax became due, plus 2 percent. The rate must be adjusted on July 1 and January 1 thereafter. The interest charged must be compounded monthly and must continue to accrue until the penalty and interest are paid in full.

      4.  The tax may be collected by distraint, or the tax and [fine] penalty may be recovered by an action instituted by the commissioner, in the name of the state, the attorney general representing him, in any court of competent jurisdiction. The [fine,] penalty, when so collected, must be paid to the state treasurer for credit to the state general fund.

      [4.] 5.  No proceeding to recover taxes, penalties or fines pursuant to this section may be maintained unless it is commenced by the giving of notice to the person against whom the proceeding is brought within 5 years after the occurrence of the charged act or omission.


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ê1995 Statutes of Nevada, Page 2677 (Chapter 693, SB 538)ê

 

occurrence of the charged act or omission. This limitation does not apply if the commissioner finds fraudulent or willful evasion of taxes.

      Sec. 1.5.  Chapter 689C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Carrier” means any person who provides health insurance in this state, including a fraternal benefit society, a health maintenance organization, a nonprofit hospital and health service corporation, a health insurance company and any other person providing a plan of health insurance or health benefits subject to this Title.

      Sec. 4.  “Contract” means a policy or certificate for hospital or medical expenses, a contract for dental, hospital or medical services, or a health care plan of a health maintenance organization available for use by or offered or sold to a small employer. The term does not include coverage issued as a supplement to liability insurance, workers’ compensation or similar insurance, automobile medical payment insurance, coverage for a specified disease, hospital confinement indemnity or limited benefit health insurance.

      Sec. 5.  “Dependent” means a spouse, an unmarried child who has not attained 19 years of age, an unmarried child who is a full-time student who has not attained 24 years of age and who is financially dependent upon the parent, and an unmarried child of any age who is medically certified as disabled and dependent upon the parent.

      Sec. 6.  “Eligible employee” means an employee who has a regular working week of 30 or more hours. The term includes a sole proprietor, a partner of a partnership and an independent contractor if the sole proprietor, partner or independent contractor is included as an employee under a contract. The term does not include an employee who works temporarily or as a substitute.

      Sec. 7.  1.  “Small employer” means any person actively engaged in a business which, on at least one-half of its working days during the preceding year, employed no fewer than 2 and no more than 25 employees, which was not formed primarily for the purpose of purchasing insurance, and in which a relationship between the employer and the employees exist in good faith. For the purposes of determining the number of eligible employees, organizations which are affiliated or which are eligible to file a combined tax return for the purposes of taxation constitute one employer.

      2.  For the purposes of this section, organizations are “affiliated” if an organization, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, another organization, as determined pursuant to the provisions of NRS 692C.050.

      Sec. 8.  “Voluntary purchasing group” means the employers and their eligible employees and dependents who form a group pursuant to sections 15 to 26, inclusive, of this act, and which holds a certificate of registration issued by the commission pursuant to section 17 of this act.

      Sec. 9.  Every insurer, fraternal benefit society, corporation providing hospital or medical services or health maintenance organization, whose policies or activities relating to health insurance are governed by the provisions of chapter 689B, 695A, 695B or 695C of NRS, may offer contracts to voluntary purchasing groups and, if it does so, shall comply with the provisions of sections 2 to 26, inclusive, of this act.


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ê1995 Statutes of Nevada, Page 2678 (Chapter 693, SB 538)ê

 

of chapter 689B, 695A, 695B or 695C of NRS, may offer contracts to voluntary purchasing groups and, if it does so, shall comply with the provisions of sections 2 to 26, inclusive, of this act.

      Sec. 10.  1.  The commissioner shall adopt regulations which require a carrier to file with the commissioner, for his approval, a disclosure offered by the carrier to a voluntary purchasing group. The disclosure must include:

      (a) Any significant exception, prior authorization, reduction or limitation that applies to a contract;

      (b) Any restrictions on payments for emergency care, including, without limitation, related definitions of an emergency and medical necessity;

      (c) Any provision of a contract concerning the carrier’s right to change premium rates and the characteristics, other than claim experience, that affect changes in premium rates;

      (d) The provisions relating to renewability of contracts;

      (e) The provisions relating to any preexisting condition; and

      (f) Any other information that the commissioner finds necessary to provide for full and fair disclosure of the provisions of a contract.

      2.  The disclosure must be written in a language which is easily understood and must include a statement that the disclosure is a summary of the contract only, and that the contract itself should be read to determine the governing contractual provisions.

      3.  The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.

      Sec. 11.  A carrier shall provide to a voluntary purchasing group to which it has offered a contract a copy of the disclosure approved for that contract pursuant to section 10 of this act before the contract is issued. A carrier shall not offer a contract to a voluntary purchasing group unless the disclosure for the contract has been approved by the commissioner.

      Sec. 12.  1.  If a carrier offers a contract to a voluntary purchasing group, the carrier shall offer the same coverage to all of the eligible employees of the small employers that are members of the voluntary purchasing group and their dependents. A carrier shall not offer coverage to only certain members of that group or to only part of that group, but may exclude an otherwise eligible employee, or his dependent, who requests enrollment in the contract after the end of the initial period during which the employee or dependent is entitled to enroll under the terms of the contract, if the initial period is at least 30 days.

      2.  A carrier shall not exclude an eligible employee or dependent if:

      (a) The employee or dependent:

             (1) Was covered under other qualifying coverage at the time of the initial period for enrollment;

             (2) Lost coverage under the other qualifying coverage as a result of termination of employment or eligibility, the involuntary termination of the qualifying coverage, the death of a spouse or divorce; and

             (3) Requests enrollment within 30 days after termination of the other qualifying coverage;

      (b) The employee is employed by an employer that offers multiple contracts and elects a different contract during an open period for enrollment; or


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ê1995 Statutes of Nevada, Page 2679 (Chapter 693, SB 538)ê

 

      (c) A court has ordered that coverage be provided for a dependent under a covered employee’s contract and the request for enrollment is made within 30 days after issuance of the court order.

      3.  As used in this section, “qualifying coverage” means benefits or coverage provided under:

      (a) Medicare or Medicaid; or

      (b) A plan of health insurance or health benefits which provides basic medical and hospital care, including, without limitation, emergency care, inpatient and outpatient hospital services, physicians’ services, outpatient medical services, and laboratory and X-ray services.

      Sec. 13.  Except as otherwise provided in sections 2 to 26, inclusive, of this act, a carrier shall renew a contract as to all insured small employers that are members of a voluntary purchasing group and their employees and dependents at the request of the purchaser unless:

      1.  Required premiums are not paid;

      2.  The insured employer or other purchaser is guilty of fraud or misrepresentation;

      3.  Provisions of the contract are breached;

      4.  The number or percentage of employees covered under the contract is less than the number or percentage of eligible employees required by the contract;

      5.  The employer or purchaser is no longer engaged in the business in which it was engaged on the effective date of the contract; or

      6.  The commissioner finds that the continuation of the coverage is not in the best interests of the persons insured under the contract or would impair the carrier’s ability to meet its contractual obligations. If nonrenewal occurs as a result of findings pursuant to this subsection, the commissioner shall assist affected persons in replacing coverage.

      Sec. 14.  1.  A carrier may cease to renew all contracts covering voluntary purchasing groups. The carrier shall provide notice at least 180 days before termination of coverage to holders of all affected contracts and to the commissioner in each state in which an affected insured person is known to reside.

      2.  A carrier that exercises its right to cease to renew all contracts covering voluntary purchasing groups shall not:

      (a) Enter into a new contract with a voluntary purchasing group for a period of 30 months after the nonrenewal without prior approval of the commissioner; or

      (b) Transfer or otherwise provide coverage to any of the insureds from a nonrenewed voluntary purchasing group unless the carrier offers to transfer or provide coverage to all affected employers and eligible employees and dependents without regard to characteristics of the insured, experience as to claims, health or duration of coverage.

      Sec. 15.  1.  A small employer may, in accordance with the provisions of sections 15 to 26, inclusive, of this act, choose to affiliate voluntarily with other small employers as a voluntary purchasing group to purchase health benefits for eligible employees and their dependents.

      2.  An employer who affiliates with a voluntary purchasing group shall notify the carrier for that group when the employer has less than 2 or more than 25 employees. The carrier shall:


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ê1995 Statutes of Nevada, Page 2680 (Chapter 693, SB 538)ê

 

      (a) Upon receiving such a notification, inform the employer of the provisions of paragraph (b).

      (b) If the employer ceases to be a small employer, refuse to renew the coverage of that employer and his employees and their dependents under any contract provided through the voluntary purchasing group.

      Sec. 16.  1.  An organization seeking to be registered as a voluntary purchasing group:

      (a) Must be incorporated as a Nevada corporation not for profit for the purpose of securing health benefits for its members and their eligible employees and dependents;

      (b) Shall file articles of incorporation with the secretary of state and provide a copy of the articles to the commissioner in such a form as the commissioner may require; and

      (c) Must apply to the commissioner for and obtain a certificate of registration to operate as a voluntary purchasing group.

      2.  The contents of the application must be established by the commissioner and include at least:

      (a) The name of the voluntary purchasing group and any agent for service of process;

      (b) Provisions to govern the business and affairs of the group, including the management and organizational structure;

      (c) An affidavit by an officer of the organization that the group is in compliance with the requirements of sections 15 to 26, inclusive, of this act; and

      (d) The names of managing personnel of the voluntary purchasing group.

      Sec. 17.  1.  The application must be accompanied by a fee in an amount to be established by the commissioner by regulation to cover the direct costs of examining the qualifications of an applicant.

      2.  The commissioner shall respond to each application for a certificate of registration within 30 days after receipt. The commissioner shall either approve the application or shall inform the organization of specific changes to the application necessary to permit approval.

      Sec. 18.  1.  Before the issuance of a certificate of registration, each voluntary purchasing group shall, to the satisfaction of the commissioner:

      (a) Establish the conditions of membership in the group and require as a condition of membership that all employers include all their eligible employees. The group may not differentiate among classes of membership on the basis of the kind of employment, race, religion, sex, education, health or income. The group shall set reasonable fees for membership which will finance all reasonable and necessary costs incurred in administering the group.

      (b) Provide to members of the group and their eligible employees information meeting the requirements of section 10 of this act regarding any proposed contracts.

      2.  In addition to the information required pursuant to subsection 1, a voluntary purchasing group shall provide annually to members of the group information regarding available benefits and carriers.

      Sec. 19.  A voluntary purchasing group shall:

      1.  File any reports required by the commissioner; and


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ê1995 Statutes of Nevada, Page 2681 (Chapter 693, SB 538)ê

 

      2.  Pay a renewal fee established by the commissioner by regulation to recover the direct costs to the division to determine annually that a voluntary purchasing group is in compliance with sections 15 to 26, inclusive, of this act.

      Sec. 20.  A voluntary purchasing group shall:

      1.  Establish administrative and accounting procedures for the operation of the group and the provision of services to members, prepare an annual budget and annual operational fiscal reports;

      2.  Provide for internal and independent audits; and

      3.  Maintain all records, reports and other information of the group and may contract with qualified third-party administrators, licensed insurance agents or brokers as needed.

      Sec. 21.  A voluntary purchasing group shall offer to collect premiums for contracts offered through the purchasing group and maintain a trust account for the deposit of premiums collected to be paid to carriers for coverage offered through the purchasing group. A voluntary purchasing group is a fiduciary with respect to any premiums so collected.

      Sec. 22.  A voluntary purchasing group shall post a bond for the benefit of members of the group and their eligible employees and dependents, or deposit a certificate of deposit or securities, in such a manner and amount as the commissioner establishes by regulation.

      Sec. 23.  No person who organizes a voluntary purchasing group may acquire or attempt to acquire a financial interest in the group’s business for a period of 3 years after organization of the group.

      Sec. 24.  A voluntary purchasing group shall not perform any activity included in the definition of transacting insurance in this state as defined in NRS 679A.130, perform any activity for which it is subject to regulation pursuant to NRS 685B.120 or establish or otherwise engage in the activities of a health maintenance organization as provided in chapter 695C of NRS.

      Sec. 25.  The commissioner may deny, revoke or suspend a certificate of registration of any voluntary purchasing group found to be in violation of sections 15 to 26, inclusive, of this act.

      Sec. 26.  The commissioner shall adopt such regulations as are needed to carry out the requirements of sections 15 to 26, inclusive, of this act.

      Sec. 27.  NRS 695C.210 is hereby amended to read as follows:

      695C.210  1.  Every health maintenance organization shall file with the commissioner on or before March 1 of each year a report showing its financial condition on the last day of the preceding calendar year. The report must be verified by at least two principal officers of the organization. The organization shall file a copy of the report with the state board of health.

      2.  The report must be on forms prescribed by the commissioner and must include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year;

      (b) Any material changes in the information submitted pursuant to NRS 695C.070;

      (c) The number of persons enrolled during the year, the number of enrollees as of the end of the year, the number of enrollments terminated during the year and, if requested by the commissioner, a compilation of the reasons for such terminations;

 


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ê1995 Statutes of Nevada, Page 2682 (Chapter 693, SB 538)ê

 

year and, if requested by the commissioner, a compilation of the reasons for such terminations;

      (d) The number and amount of malpractice claims initiated against the health maintenance organization and any of the providers used by it during the year broken down into claims with and without form of legal process, and the disposition, if any, of each such claim, if requested by the commissioner;

      (e) A summary of information compiled pursuant to paragraph (c) of subsection 2 of NRS 695C.080 in such form as required by the state board of health; and

      (f) Such other information relating to the performance of the health maintenance organization as is necessary to enable the commissioner to carry out his duties pursuant to this chapter.

      3.  Every health maintenance organization shall file with the commissioner annually an audited financial statement of the organization prepared by an independent certified public accountant. The statement must cover the preceding 12-month period and must be filed with the commissioner within [90] 120 days after the end of the organization’s fiscal year. Upon written request, the commissioner may grant a 30-day extension.

      4.  If an organization fails to file timely the report or financial statement required by this section, it shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The attorney general shall recover the penalty in the name of the State of Nevada.

      5.  The commissioner may grant a reasonable extension of time for filing the report or financial statement required by this section, if the request for an extension is submitted in writing and shows good cause.

      Sec. 28.  NRS 695D.260 is hereby amended to read as follows:

      695D.260  1.  Every organization for dental care shall file with the commissioner on or before March 1 of each year a report covering its activities for the preceding calendar year. The report must be verified by at least two officers of the organization.

      2.  The report must be on a form prescribed by the commissioner and must include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year.

      (b) Any material changes in the information given in the previous report.

      (c) The number of members enrolled in that year, the number of members whose coverage has been terminated in that year and the total number of members at the end of the year.

      (d) The costs of all goods, services and dental care provided that year.

      (e) Any other information relating to the plan for dental care requested by the commissioner.

      3.  Every organization for dental care shall file with the commissioner annually an audited financial statement prepared by an independent certified public accountant. The statement must cover the most recent fiscal year of the organization and must be filed with the commissioner with [90] 120 days after the end of that fiscal year.

      4.  If an organization fails to file timely the report or financial statement required by this section, it shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000.


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ê1995 Statutes of Nevada, Page 2683 (Chapter 693, SB 538)ê

 

until the report or statement is filed, except that the total penalty must not exceed $3,000. The attorney general shall recover the penalty in the name of the State of Nevada.

      5.  The commissioner may grant a reasonable extension of time for filing the report or financial statement required by this section, if the request for an extension is submitted in writing and shows good cause.

      6.  The organization shall pay the department of taxation the annual tax, any penalty for nonpayment or delinquent payment of the tax imposed in chapter 680B of NRS, and a filing fee of $25 to the commissioner, at the time the annual report is filed.

      Sec. 29.  NRS 695F.320 is hereby amended to read as follows:

      695F.320  1.  Each prepaid limited health service organization shall file with the commissioner annually, on or before March 1, a report showing its financial condition on the last day of the preceding calendar year. The report must be verified by at least two principal officers of the organization.

      2.  The report must be on a form prescribed by the commissioner and include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year;

      (b) The number of subscribers at the beginning and the end of the year and the number of enrollments terminated during the year; and

      (c) Such other information as the commissioner may prescribe.

      3.  Each prepaid limited health service organization shall file with the commissioner annually an audited financial statement prepared by an independent certified public accountant. The statement must cover the most recent fiscal year of the organization and must be filed with the commissioner within [90] 120 days after the end of that fiscal year.

      4.  The commissioner may require more frequent reports containing such information as is necessary to enable him to carry out his duties pursuant to this chapter.

      5.  The commissioner may:

      (a) Assess a fine of not more than $100 per day for each day the report or financial statement required pursuant to this section is not filed after the report or financial statement is due, but the fine must not exceed $3,000; and

      (b) Suspend the organization’s certificate of authority until the organization files the report.

      Sec. 30.  NRS 608.1577 is hereby amended to read as follows:

      608.1577  1.  An employer [must] shall notify his employees of his intent to accept a policy of group life, dental or health insurance which covers the employees.

      2.  If an employer is the policyholder of a policy of group life, dental or health insurance which covers his employees, he shall notify the insurer and employees of his intent to terminate, reduce or modify substantially any benefit under the policy, or to change insurers.

      3.  If an employer is the policyholder or contract holder under a policy or contract issued pursuant to chapter 689B, [689C,] 695A, 695B, 695C, 695D or 695F of NRS , or NRS 689C.010 to 689C.140, inclusive, which provides benefits for his employees, he shall, if applicable, notify the employees of:

      (a) His inability to pay a premium when due; and


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ê1995 Statutes of Nevada, Page 2684 (Chapter 693, SB 538)ê

 

      (b) His intention to stop paying premiums.

      4.  Any notice required pursuant to this section must be:

      (a) Given at least 15 days before the:

             (1) Acceptance of, change in or termination of benefits or insurers; or

             (2) Next unpaid premium is due; and

      (b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.

      Sec. 31.  Section 35 of Assembly Bill No. 475 of this session is hereby repealed.

      Sec. 32.  Sections 1, 27, 28, 29 and 31 of this act become effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 694, SB 579

Senate Bill No. 579–Committee on Finance

CHAPTER 694

AN ACT relating to governmental financial administration; creating the trust fund for the support of the division of museums and history of the department of museums, library and arts; revising the provisions governing the program to subsidize malpractice insurance premiums for providers of prenatal care in areas of the state that lack services for prenatal care; requiring the state engineer to implement a program to map water rights statewide on a geographic information system; directing the state librarian to establish a pilot project in smaller counties to provide grants of money to certain public libraries for the purchase of books and library materials; directing the department of transportation to construct or cause to be constructed a wall to function as a sound barrier alongside a certain portion of U.S. Highway No. 95 in Las Vegas; making various appropriations from the state general fund; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 381 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The trust fund for the support of the division of museums and history of the department of museums, library and arts is hereby created in the state treasury. The interest and income earned on the money in the trust fund, in an amount not exceeding $300,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $300,000 per year must be credited to the state general fund.

      2.  The state treasurer shall, subject to the limitation in subsection 1, pay to the administrator at the end of each quarter an amount equal to any interest and income credited to the trust fund during that quarter. The administrator may use the money to pay the expenses related to the operations of the division.

      3.  The state board of examiners may, upon making a determination that any portion of the principal of the money in the trust fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the trust fund to the state general fund.


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ê1995 Statutes of Nevada, Page 2685 (Chapter 694, SB 579)ê

 

committee that the amount so needed be transferred from the trust fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.

      4.  The administrator shall submit an itemized statement of the income and expenditures of the division each year to the legislature, if it is in session or, if the legislature is not in session, to the interim finance committee.

      Sec. 2.  NRS 442.119 is hereby amended to read as follows:

      442.119  As used in NRS 442.119 to 442.1198, inclusive, unless the context otherwise requires:

      1.  “Health officer” includes a local health officer, a city health officer, a county health officer and a district health officer.

      2.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      3.  “Medicare” has the meaning ascribed to it in NRS 439B.130.

      4.  “Provider of prenatal care” is limited to:

      (a) A physician who is licensed in this state and certified in obstetrics and gynecology, family practice, general practice or general surgery.

      (b) A certified nurse midwife who is licensed by the state board of nursing.

      (c) An advanced practitioner of nursing who has specialized skills and training in obstetrics or family nursing.

      (d) A physicians’ assistant who has specialized skills and training in obstetrics or family practice.

      Sec. 3.  NRS 442.1196 is hereby amended to read as follows:

      442.1196  1.  The application for a grant must be on the form required by the University of Nevada School of Medicine.

      2.  The application must contain:

      (a) Information concerning the collaboration between the applicant and a provider of prenatal care and medical facilities within the county or community.

      (b) A plan for providing prenatal care for women in the county or community who have low incomes or who do not qualify for any state program for medical care.

      (c) A plan for improving the health care of pregnant women in the county or community.

      3.  To be eligible for a subsidy for his malpractice insurance, a provider of prenatal care must submit evidence [of] that:

      (a) He has completed training in prenatal care that is approved by the University of Nevada School of Medicine [.] ;

      (b) He is currently covered by malpractice insurance;

      (c) He accepts reimbursement for services rendered from Medicaid and Medicare; and

      (d) He will continue to provide prenatal care in the specified county or community for not less than 1 year.

      Sec. 4.  NRS 532.165 is hereby amended to read as follows:

      532.165  The state engineer shall:

      1.  Conduct necessary studies and inventories.

      2.  Review and evaluate proposals by federal, state and local agencies for flood control and water development projects to ensure that such proposals are compatible with the state water resource plan and are in compliance with Nevada water laws.


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ê1995 Statutes of Nevada, Page 2686 (Chapter 694, SB 579)ê

 

      3.  Within the limits of legislative appropriations, implement a program to map water rights statewide on a geographic information system.

      Sec. 5.  1.  There is hereby appropriated from the state general fund to the state engineer the sum of $110,000 to implement a program to map water rights statewide on a geographic information system pursuant to subsection 3 of NRS 532.165. In carrying out the program to map water rights, the state engineer shall give first priority to the mapping of water rights in the Truckee River.

      2.  Any remaining balance of the appropriation made by subsection 1 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.  1.  There is hereby appropriated from the state general fund to the University of Nevada School of Medicine to pay for grants to subsidize malpractice insurance of providers of prenatal care who provide services in a county or community that lacks services for prenatal care:

For the fiscal year 1995-96.................................................................. $75,000

For the fiscal year 1996-97.................................................................. $75,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  There is hereby appropriated from the state general fund to the trust fund for the support of the division of museums and history of the department of museums, library and arts created pursuant to section 1 of this act the sum of $300,000 upon the condition that an equal amount of money is donated to the Museum, Library and Arts Foundation for the support of the division from other sources on or before June 30, 1997. The sum of $300,000 reverts to the state general fund on July 1, 1997, if this condition is not met.

      Sec. 8.  1.  There is hereby appropriated from the state general fund to the Retired Senior Volunteer Program to expand the Home Companion Program:

For the fiscal year 1995-96.................................................................. $32,000

For the fiscal year 1996-97.................................................................. $32,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 9.  There is hereby appropriated from the state general fund to the Life Line Pregnancy Assistance and Vocational Training Center the sum of $200,000 for continuation of its nonprofit pregnancy assistance, educational and vocational training center.

      Sec. 10.  1.  The state librarian shall establish a pilot project to provide grants of money to public libraries in counties whose population is less than 100,000 for the purchase of books and library materials.

      2.  A public library in a county whose population is less than 100,000 may apply to the state librarian for a grant for the purchase of books and library materials.

      3.  The state librarian may approve a grant of not more than 50 percent of the amount expended by the public library for the purchase of books and library materials in the fiscal year 1993-1994 or $500, whichever is greater.


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ê1995 Statutes of Nevada, Page 2687 (Chapter 694, SB 579)ê

 

library materials in the fiscal year 1993-1994 or $500, whichever is greater. The state librarian shall not make a grant of less than $500.

      4.  The state librarian shall take into account the geographical location of the public libraries that apply for grants to ensure that the money granted is available to public libraries in all counties of the state whose population is less than 100,000.

      5.  In making a grant, the state librarian may specify that the grant is for the use of one or more branches of the public library. The state librarian shall, with the advice of the state council on libraries and literacy, give preference to those branches of public libraries serving rural areas.

      6.  Money granted pursuant to this section must not supplant or cause to be reduced any other source of funding for a public library and must be used exclusively by the public library to purchase additional books and library materials.

      7.  For the purposes of this section, “public library” means a consolidated, county, district, city or town library, a group of libraries which have entered into an interlocal agreement or any other library predominantly supported by public money. The term does not include a library operated within the University and Community College System of Nevada.

      8.  The state librarian shall report to the 69th session of the legislature on the progress of the pilot project established pursuant to this section.

      Sec. 11.  1.  There is hereby appropriated from the state general fund to the division of state library and archives of the department of museums, library and arts the sum of $250,000 for the support of the pilot project established pursuant to section 10 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 12.  1.  There is hereby appropriated from the state general fund to the City of Reno the sum of $3,200,000 for repayment of a portion of the cost of construction of the National Automobile Museum upon the condition that the City of Reno obtains $6,400,000 in matching money from other sources.

      2.  The state controller shall not distribute any money from the appropriation made pursuant to subsection 1 until the City of Reno demonstrates that it has received the matching money.

      3.  If the City of Reno fails to demonstrate that it has received the matching money required pursuant to subsection 2 before June 30, 1997, the money appropriated pursuant to subsection 1 reverts to the state general fund.

      Sec. 13.  The department of transportation shall construct or cause to be constructed a wall to function as a sound barrier along the west side of U.S. Highway No. 95 in Las Vegas, Nevada, between West Washington Avenue and Vegas Drive and along U.S. Highway No. 95 in Las Vegas, Nevada, between Decatur Boulevard and Jones Boulevard.

      Sec. 14.  1.  There is hereby appropriated from the state highway fund to the department of transportation the sum of $620,000 for the construction of the wall described in section 13 of this act.

      2.  The appropriation made by subsection 1 must be allocated by the state controller as the money is required by the department of transportation for the construction of the wall and must not be transferred to the department of transportation until the department is required to make payments on contracts for the construction of the wall.


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ê1995 Statutes of Nevada, Page 2688 (Chapter 694, SB 579)ê

 

transportation until the department is required to make payments on contracts for the construction of the wall.

      3.  When the wall is completed, any remaining balance of the appropriation made by subsection 1 reverts to the state highway fund as soon as all payments of money committed have been made.

      Sec. 15.  1.  There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $218,000 for expenses involved in the reseeding of areas burned by fires.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 16.  1.  There is hereby appropriated from the state general fund to the interim finance committee for distribution to Douglas County the sum of $150,000 for repairs or replacement of the well and appurtenant equipment at the China Spring Youth Camp.

      2.  The interim finance committee shall distribute to Douglas County an amount equal to the actual cost for the work performed up to the amount appropriated pursuant to subsection 1 after it receives a report from Douglas County of the work performed and the actual cost for that work.

      3.  Any remaining balance of the appropriation made by subsection 1 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. 17.  1.  There is hereby appropriated from the state general fund to the division of museums and history of the department of museums, library and arts the sum of $2,500,000 for improvements to the Nevada State Railroad Museum located in Boulder City, Nevada.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 18.  1.  There is hereby appropriated from the state general fund to Clark County:

      (a) For the development of a system of communication between the search and rescue unit in Clark County that is recognized by the Federal Emergency Management Agency and local entities that respond to emergencies, and for the replacement of supplies used by the unit, the sum of $30,000.

      (b) For the purchase of equipment and supplies necessary for identifying persons who are victims of mass disaster, including flight cases to protect equipment during a response to an emergency, the sum of $60,000.

      (c) For the purchase of equipment used to trace stolen property, the sum of $45,000.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 19.  1.  There is hereby appropriated from the state general fund to Washoe County the sum of $90,000 for the purchase of computer equipment and other specialized equipment for the forensic laboratory of the county sheriff’s department and for supplies and the training of personnel to determine patterns of deoxyribonucleic acid in sexual offenders.


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ê1995 Statutes of Nevada, Page 2689 (Chapter 694, SB 579)ê

 

      2.  Any remaining balance of the appropriation made by subsection 1 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. 20.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 695, AB 47

Assembly Bill No. 47–Committee on Taxation

CHAPTER 695

AN ACT relating to impact fees; revising the period for filing certain reports concerning the capital improvement plans of local governments; revising the period for giving notice of public hearings concerning matters relating to the development and adoption of such plans; revising the provisions relating to the exemption of a school district from the payment of impact fees; providing for the reimbursement of school districts for the construction of certain off-site facilities; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278B.150 is hereby amended to read as follows:

      278B.150  1.  Before imposing an impact fee, the governing body of the local government must establish by resolution a capital improvements advisory committee. The committee must be composed of at least five members.

      2.  The governing body may designate the planning commission to serve as the capital improvements advisory committee if:

      (a) The planning commission includes at least one representative of the real estate, development or building industry who is not an officer or employee of the local government; or

      (b) The governing body appoints a representative of the real estate, development or building industry who is not an officer or employee of the local government to serve as a voting member of the planning commission when the planning commission is meeting as the capital improvements advisory committee.

      3.  The capital improvements advisory committee shall:

      (a) Review the land use assumptions and determine whether they are in conformance with the master plan of the local government;

      (b) Review the capital improvements plan and file written comments;

      (c) [File annual] Every 3 years file reports concerning the progress of the local government in carrying out the capital improvements plan;

      (d) Report to the governing body any perceived inequities in the implementation of the capital improvements plan or the imposition of an impact fee; and

      (e) Advise the local government of the need to update or revise the land use assumptions, capital improvements plan and ordinance imposing an impact fee.


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ê1995 Statutes of Nevada, Page 2690 (Chapter 695, AB 47)ê

 

      Sec. 2.  NRS 278B.160 is hereby amended to read as follows:

      278B.160  1.  A local government may by ordinance impose an impact fee in a service area to pay the cost of constructing a capital improvement or facility expansion necessitated by and attributable to new development. Except as otherwise provided in NRS 278B.220, the cost may include only:

      (a) The estimated cost of actual construction;

      (b) Estimated fees for professional services;

      (c) The estimated cost to acquire the land; and

      (d) The fees paid for professional services required for the preparation or revision of a capital improvements plan in anticipation of the imposition of an impact fee.

      2.  All property owned by a school district is exempt from the requirement of paying impact fees imposed pursuant to this chapter. [Any impact fee which would have been collected from a school district but for the provisions of this subsection must be paid by the local government which imposed the impact fee.]

      Sec. 3.  NRS 278B.180 is hereby amended to read as follows:

      278B.180  1.  A local government which wishes to impose an impact fee must set a time at least 20 days thereafter and place for a public hearing to consider the land use assumptions within the designated service area which will be used to develop the capital improvements plan.

      2.  The notice must be given:

      (a) By publication of a copy of the notice at least once a week for [4] 2 weeks in a newspaper of general circulation in the jurisdiction of the local government.

      (b) By posting a copy of the notice at the principal office of the local government and at least three other separate, prominent places within the jurisdiction of the local government.

      3.  Proof of publication must be by affidavit of the publisher.

      4.  Proof of posting must be by affidavit of the clerk or any deputy posting the notice.

      5.  The notice must contain:

      (a) The time, date and location of the hearing;

      (b) A statement that the purpose of the hearing is to consider the land use assumptions which will be used to develop a capital improvements plan for which an impact fee may be imposed;

      (c) A map of the service area to which the land assumptions apply; and

      (d) A statement that any person may appear at the hearing and present evidence for or against the land use assumptions.

      Sec. 4.  NRS 278B.190 is hereby amended to read as follows:

      278B.190  1.  The governing body of the local government shall approve or disapprove the land use assumptions within 30 days after the public hearing.

      2.  If the governing body approves the land use assumptions, it shall develop or cause to be developed a capital improvements plan.

      3.  Upon the completion of the capital improvements plan, the governing body shall set a time at least 20 days thereafter and place for a public hearing to consider the adoption of the plan and the imposition of an impact fee.

      4.  The notice must be given:


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

ê1995 Statutes of Nevada, Page 2691 (Chapter 695, AB 47)ê

 

      (a) By publication of a copy of the notice at least once a week for [4] 2 weeks in a newspaper of general circulation in the jurisdiction of the local government.

      (b) By posting a copy of the notice at the principal office of the local government and at least three other separate, prominent places within the jurisdiction of the local government.

      5.  Proof of publication must be by affidavit of the publisher.

      6.  Proof of posting must be by affidavit of the clerk or any deputy posting the notice.

      7.  The notice must contain:

      (a) The time, date and location of the hearing;

      (b) A statement that the purpose of the hearing is to consider the adoption of an impact fee;

      (c) A map of the service area on which the the proposed impact fee will be imposed;

      (d) The amount of the proposed impact fee for each service unit; and

      (e) A statement that any person may appear at the hearing and present evidence for or against the land use assumptions.

      Sec. 5.  NRS 278B.240 is hereby amended to read as follows:

      278B.240  1.  If an owner is required by a local government, as a condition of the approval of the development, to construct or dedicate, or both, a portion of the off-site facilities for which impact fees are imposed, the off-site facilities must be credited against those impact fees.

      2.  If a school district is required by a local government to construct or dedicate, or both, a portion of the off-site facilities for which impact fees are imposed, the local government shall, upon the request of the school district, reimburse or enter into an agreement to reimburse the school district for the cost of the off-site facilities constructed or dedicated, or both, minus the cost of the off-site facilities immediately adjacent to or providing connection to the school development which would be required by local ordinance in the absence of an ordinance authorizing impact fees.

      Sec. 6.  NRS 278B.290 is hereby amended to read as follows:

      278B.290  1.  Each local government which imposes an impact fee shall review and may revise the land use assumptions and capital improvements plan at least once every 3 years. The 3-year period begins upon the adoption of the capital improvements plan by the local government.

      2.  Upon the completion of the revised capital improvements plan, the local government shall set a time at least 20 days thereafter and place for a public hearing to discuss and review the revision of the plan and whether the revised plan should be adopted.

      3.  The notice must be given:

      (a) By publication of a copy of the notice at least once a week for [4] 2 weeks in a newspaper of general circulation in the jurisdiction of the local government.

      (b) By posting a copy of the notice at the principal office of the local government and at least three other separate, prominent places within the jurisdiction of the local government.

      4.  Proof of publication must be by affidavit of the publisher.


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

ê1995 Statutes of Nevada, Page 2692 (Chapter 695, AB 47)ê

 

      5.  Proof of posting must be by affidavit of the clerk or any deputy posting the notice.

      6.  The notice must contain:

      (a) The time, date and location of the hearing;

      (b) A statement that the purpose of the hearing is to consider the revision of the land use assumptions, capital improvements plan and the imposition of an impact fee;

      (c) A map of the service area for which the revision is being prepared; and

      (d) A statement that any person may appear at the hearing and present evidence for or against the revision.

 

________

 

 

CHAPTER 696, AB 132

Assembly Bill No. 132–Committee on Judiciary

CHAPTER 696

AN ACT relating to crimes; eliminating certain crimes related to authorizations to purchase food stamps or otherwise receive benefits under the Food Stamp Act of 1977; requiring the cumulation or mitigation of offenses under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 207.340 is hereby amended to read as follows:

      207.340  1.  As used in this section, unless the context otherwise requires:

      (a) “Access device” means any card, plate, account number or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds pursuant to the Act.

      (b) “Act” means the Food Stamp Act of [1964] 1977, as amended (7 U.S.C. §§ 2011, et seq.) and regulations [promulgated] adopted thereunder.

      [(b)] (c) “Authorization to purchase” means a document issued by the United States Department of Agriculture or by a state agency which permits the holder to purchase coupons or otherwise receive benefits under the Act.

      [(c)] (d) “Coupon” means a food stamp , coupon, certificate or access device issued by the United States Department of Agriculture as provided in the Act.

      2.  A person who knowingly uses, transfers, sells, purchases, acquires, alters or possesses coupons [or authorizations to purchase] and who is not authorized by the Act to do so, or who knowingly presents or causes to be presented coupons [or authorizations to purchase] which are received, transferred or used in a manner not authorized by the Act, shall be punished:

      (a) [For a misdemeanor, if] If the value of the coupons [or authorizations to purchase] is less than $250 [.] , for a misdemeanor, and be sentenced to restore the amount of the value so obtained.


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

ê1995 Statutes of Nevada, Page 2693 (Chapter 696, AB 132)ê

 

      (b) If the value of the coupons [or authorizations to purchase] is $250 or more, for a category E felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  A district attorney or the attorney general may commence proceedings to enforce the provisions of this section in any court of competent jurisdiction.

      4.  If a person is convicted of violating any of the provisions of this section, the prosecuting attorney shall report the sentence imposed by the court for that person to the welfare division of the department of human resources within 60 days after the imposition of the sentence.

      5.  The value of all coupons misappropriated in separate acts of fraud involving coupons must be combined for the purposes of imposing punishment for the offense charged if:

      (a) The separate acts were committed within 6 months before the offense;

      (b) None of the individual acts is punishable as a felony; and

      (c) The cumulative value of all the coupons misappropriated is sufficient to make the offense punishable as a felony.

      6.  At the time of sentencing, a court may accept as a partial mitigation of the offense satisfactory evidence that a person convicted of violating any of the provisions of this section sold or transferred the coupons for cash to buy necessities which may not be lawfully obtained with coupons.

      Sec. 2.  This act becomes effective at 12:01 a.m. on July 1, 1995.

 

________

 

 

CHAPTER 697, AB 204

Assembly Bill No. 204–Assemblymen Williams, Price, Arberry, Krenzer, Buckley, Anderson, Segerblom, Ernaut, Goldwater, Harrington, Schneider and Manendo

CHAPTER 697

AN ACT relating to housing authorities; requiring that one commissioner represent tenants of the projects of the authority; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 315.370 is hereby amended to read as follows:

      315.370  1.  Upon the adoption of a resolution declaring the need for an authority, the chief executive of the city or the governing body of the town or county, as the case may be, shall thereupon appoint five persons to serve as commissioners of the authority. Three of the commissioners who are first appointed pursuant to this section [shall] must be designated to serve for terms of 1, 2 and 3 years, respectively, from the date of their appointment, and [2 shall] two must be designated to serve for terms of 4 years from the date of their appointment, but thereafter commissioners [shall] must be appointed for a term of office of 4 years.


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

ê1995 Statutes of Nevada, Page 2694 (Chapter 697, AB 204)ê

 

      2.  [Nothing in this section shall affect the terms of office of commissioners appointed prior to March 31, 1947. On the expiration of such terms further appointments shall be made pursuant to the provisions of this section.] The first commissioner appointed after the authority has provided assistance to at least five persons must be a current recipient of assistance from the authority who was selected from a list of at least five eligible nominees submitted for this purpose by an organization which represents tenants of housing projects. If no such organization exists, the commissioner must be selected from a list of nominees submitted for this purpose from persons who currently receive assistance from the authority. Thereafter, at least one commissioner must be such a recipient who was nominated and appointed in the same manner. If during his term the commissioner ceases to be a recipient of assistance, he must be replaced in the manner set forth in this subsection by a person who is a recipient of assistance.

      3.  Nothing in this section affects the terms of office of commissioners appointed to an authority created before October 1, 1995. The appointing authority shall appoint to the term next expiring a commissioner who was nominated and appointed in the same manner as is set forth in subsection 2. Thereafter, at least one commissioner must be such a recipient who was nominated and appointed in the same manner. If during his term the commissioner ceases to be a recipient of assistance, he must be replaced in the manner set forth in subsection 2 by a person who is a recipient of assistance.

      4.  All vacancies [shall] must be filled for the unexpired term.

      Sec. 2.  NRS 315.400 is hereby amended to read as follows:

      315.400  1.  A commissioner or employee of the authority shall not voluntarily acquire any interest, direct or indirect, except as a residential tenant, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, the commissioner or employee shall immediately disclose [such] the interest in writing to the authority and the disclosure [shall] must be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving [such] the housing project, property or contract. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose [such] the interest in writing to the authority and the disclosure [shall] must be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving [such] the housing project, property [,] or contract.

      2.  Any violation of this section constitutes misconduct in office.

      3.  This section is not applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.


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

ê1995 Statutes of Nevada, Page 2695 (Chapter 697, AB 204)ê

 

      Sec. 3.  NRS 315.977 is hereby amended to read as follows:

      315.977  1.  The Nevada rural housing authority, consisting of five commissioners appointed by the governor, is hereby created within the department of business and industry.

      2.  The governor shall appoint:

      (a) Two commissioners who have experience in banking, real estate or homebuilding.

      (b) [Three] Two commissioners who are representatives of the general public.

      (c) One commissioner who is a current recipient of assistance from the authority and was selected from a list of at least five eligible nominees submitted for this purpose by an organization which represents tenants of housing projects operated by the authority. If no such organization exists, the commissioner must be selected from a list of nominees submitted for this purpose from persons who currently receive assistance from the authority. If during his term the commissioner ceases to be a recipient of assistance, he must be replaced by a person who is a recipient of assistance.

      3.  At least four of the commissioners must be residents of counties whose population is less than 100,000.

      4.  A majority of the commissioners constitutes a quorum, and a vote of the majority is necessary to carry any question.

      Sec. 4.  NRS 315.981 is hereby amended to read as follows:

      315.981  1.  A commissioner or employee of the authority shall not voluntarily acquire any interest, direct or indirect, except as a residential tenant, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, the commissioner or employee shall immediately disclose [such] the interest in writing to the authority and the disclosure [shall] must be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving [such] the housing project, property or contract. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose [such] the interest in writing to the authority and the disclosure [shall] must be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving [such] the housing project, property [,] or contract.

      2.  A violation of any provision of this section constitutes malfeasance in office.

      3.  This section is not applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.


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

ê1995 Statutes of Nevada, Page 2696 (Chapter 697, AB 204)ê

 

      Sec. 5.  Section 2 of Assembly Bill No. 35 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 315.977 is hereby amended to read as follows:

       315.977  1.  The Nevada rural housing authority, consisting of five commissioners [appointed by the governor,] is hereby created . [within the department of business and industry.]

       2.  The [governor shall appoint:] commissioners must be appointed as follows:

       (a) Two commissioners [who have experience in banking, real estate or homebuilding.] must be appointed by the Nevada League of Cities.

       (b) Two commissioners [who are representatives of the general public.] must be appointed by the Nevada Association of Counties.

       (c) One commissioner [who is] must be appointed by the governor. This commissioner must be a current recipient of assistance from the authority and [was] must be selected from a list of at least five eligible nominees submitted for this purpose by an organization which represents tenants of housing projects operated by the authority. If no such organization exists, the commissioner must be selected from a list of nominees submitted for this purpose from persons who currently receive assistance from the authority. If during his term the commissioner ceases to be a recipient of assistance, he must be replaced by a person who is a recipient of assistance.

       3.  [At least four of the commissioners must be residents of counties whose population is less than 100,000.

       4.] After the initial terms, the term of office of a commissioner is 4 years or until his successor takes office.

       4.  A majority of the commissioners constitutes a quorum, and a vote of the majority is necessary to carry any question.

       5.  If either of the appointing entities listed in paragraphs (a) and (b) of subsection 2 ceases to exist, the appointments required by subsection 2 must be made by the successor in interest of that entity or, if there is no successor in interest, by the other appointing entity.

      Sec. 6.  As terms of members of the Nevada rural housing authority expire on or after October 1, 1995, the governor shall appoint members having the qualifications required by NRS 315.977 to the extent that other members of the Nevada rural housing authority do not already possess those qualifications.

 

________


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

ê1995 Statutes of Nevada, Page 2697ê

 

CHAPTER 698, AB 331

Assembly Bill No. 331–Assemblymen Dini and Spitler

CHAPTER 698

AN ACT relating to insurance fraud; providing for certain expenditures from the special investigative account; revising the provisions relating to the confidentiality of records or information related to an investigation or examination by the commissioner; establishing the crime of insurance fraud; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 679B.158 is hereby amended to read as follows:

      679B.158  1.  The special investigative account is hereby established in the state general fund for use by the commissioner. The commissioner shall deposit all money received [under] pursuant to this section with the state treasurer for credit to the account. Money remaining in the account at the end of any year does not lapse and may be used by the commissioner in any subsequent year.

      2.  The commissioner shall authorize expenditures from the special investigative account to pay the expenses [incurred for investigating fraudulent claims.] of the program established pursuant to NRS 679B.153 and of any unit established in the office of the attorney general which investigates and prosecutes insurance fraud.

      3.  All of the costs of the program established pursuant to NRS 679B.153 must be paid by the insurers authorized to transact insurance in this state. The commissioner shall annually determine the total cost and equally divide that amount among the insurers. The annual amount so assessed must not exceed $500 per authorized insurer. The commissioner may adopt regulations regarding the calculation and collection of the assessment.

      Sec. 2.  NRS 679B.180 is hereby amended to read as follows:

      679B.180  1.  The commissioner may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enjoin any existing or threatened violation of any provision of this code, or to enforce any proper order made by him or action taken by him.

      2.  If the commissioner has reason to believe that any person has violated any provision of this code, or other law applicable to insurance operations, for which criminal prosecution in his opinion would be in order, he shall give the information relative thereto to the appropriate district attorney or to the attorney general. The district attorney or attorney general shall promptly institute such action or proceedings against such person as in his opinion the information may require or justify.

      3.  [If the commissioner requests the appropriate district attorney to prosecute a fraudulent claim, the district attorney shall, within 30 days after receiving the request:

      (a) File a complaint; or

      (b) Notify the commissioner in writing of the reasons for his refusal to prosecute the claim.


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

ê1995 Statutes of Nevada, Page 2698 (Chapter 698, AB 331)ê

 

If the district attorney is unable, fails or refuses to prosecute the claim, the commissioner may request the attorney general to do so. If the attorney general has not begun to prosecute the claim within 60 days after the request by the commissioner, the attorney general shall inform the commissioner in writing of the reasons for the delay or for failing to prosecute the claim.

      4.] Except as otherwise provided in this code, the attorney general shall act as legal counsel to the division and the commissioner in all matters pertaining to the administration and enforcement of this code.

      Sec. 3.  NRS 679B.190 is hereby amended to read as follows:

      679B.190  1.  The commissioner shall carefully preserve in the division and in permanent form all papers and records relating to the business and transactions of the division and shall hand them over to his successor in office.

      2.  Except as otherwise provided by subsections 3 and 5 and other provisions of this code, the papers and records must be open to public inspection.

      3.  Any records or information in the possession of the division related to [the investigation of a fraudulent claim] an investigation or examination conducted by the commissioner are confidential for the period of the investigation or examination unless:

      (a) The commissioner releases , in the manner that he deems appropriate, all or any part of the records or information for public inspection after determining that the release of the records or information [will] :

             (1) Will not harm his investigation or examination or the person who is being investigated [;] or examined; or

             (2) Serves the interests of a policyholder, the shareholders of the insurer or the public.

      (b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the commissioner.

      4.  The commissioner may destroy unneeded or obsolete records and filings in the division in accordance with provisions and procedures applicable in general to administrative agencies of this state.

      5.  The commissioner may classify as confidential certain records and information obtained from a governmental agency or other sources upon the express condition that they remain confidential . [, or be deemed confidential by the commissioner. No filing required to be made with the commissioner under this code shall be deemed confidential unless expressly provided by law.]

      Sec. 4.  NRS 686A.015 is hereby amended to read as follows:

      686A.015  1.  Notwithstanding any other provision of law, the commissioner has exclusive jurisdiction in regulating the subject of trade practices in the business of insurance in this state.

      2.  The commissioner shall establish a program within the division to investigate any act or practice which constitutes an unfair or deceptive trade practice in violation of the provisions of NRS 686A.010 to 686A.310, inclusive.

      Sec. 5.  NRS 686A.291 is hereby amended to read as follows:

      686A.291  [A person who knowingly and willfully:


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

ê1995 Statutes of Nevada, Page 2699 (Chapter 698, AB 331)ê

 

      1.  Presents or causes to be presented to any insurer, any false, incomplete or misleading information concerning a material fact whether written or oral, as a part of or in support of any claim for payment, reimbursement or other benefit;

      2.  Assists, abets or conspires with another person to prepare, present or cause to be presented any false, incomplete or misleading information concerning a material fact, whether written or oral, as a part of, or in support of any claim for payment, reimbursement or other benefit; or

      3.  Conceals or fails to disclose any event affecting a person’s initial or continued right to any benefit or payment to which the person is entitled,]

      1.  A person commits insurance fraud if he knowingly and willfully:

      (a) Presents or causes to be presented any statement to an insurer, a reinsurer, a producer, a broker or any agent thereof, known by him to contain false, incomplete or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this Title.

      (b) Presents or causes to be presented any statement as a part of, or in support of, a claim for payment or other benefits under a policy of insurance issued pursuant to this Title, known by him to contain false, incomplete or misleading information concerning any fact material to that claim.

      (c) Assists, abets, solicits or conspires with another person to present or cause to be presented any statement to an insurer, reinsurer, producer, broker or any agent thereof, known by him to contain false, incomplete or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this Title or a claim for payment or other benefits under such a policy.

      (d) Acts or fails to act with the intent of defrauding or deceiving an insurer, a reinsurer, a producer, a broker or any agent thereof, in order to obtain a policy of insurance pursuant to this Title or any proceeds or other benefits under such a policy.

      (e) As a practitioner, an insurer or any agent thereof, acts to assist, conspire with or urge another person to violate any provision of this section through deceit, misrepresentation or other fraudulent means.

      (f) Accepts any proceeds or other benefits under a policy of insurance issued pursuant to this Title known by him to be derived from any act or omission which violates any provision of this section.

      2.  A person who commits insurance fraud is guilty of a Category D felony and shall be punished as provided in NRS 193.130.

      3.  For the purposes of this section, “practitioner” means:

      (a) A physician, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractor, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist or other provider of health services who is authorized to engage in his occupation by the laws of this state or another state; and

      (b) An attorney admitted to practice law in this state or any other state.

 

________


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

ê1995 Statutes of Nevada, Page 2700ê

 

CHAPTER 699, AB 525

Assembly Bill No. 525–Assemblymen Segerblom, Chowning, Giunchigliani, Ohrenschall, de Braga, Price, Bache, Nolan, Dini, Perkins, Krenzer, Goldwater, Arberry, Manendo, Schneider, Williams and Spitler

CHAPTER 699

AN ACT relating to Asian-American communities; authorizing certain counties to create a commission to study Asian-American communities; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  As used in section 2 of this act, unless the context otherwise requires:

      1.  “Board” means the board of county commissioners.

      2.  “Commission” means the commission to study the Asian-American communities of the county.

      Sec. 2.  1.  In a county whose population is 400,000 or more, the board of county commissioners may, by ordinance, create a commission to study the Asian-American communities of the county.

      2.  The ordinance must require the board to:

      (a) Appoint 15 members to the commission; and

      (b) Appoint one member to serve as the chairman of the commission and one member to serve as the vice chairman of the commission.

      3.  The ordinance must require the commission to:

      (a) Identify the various Asian-American communities in the county, the population of each community identified and the leaders and organizations of each community.

      (b) Identify the social and economic needs peculiar to each community identified by the commission and to the Asian-American community in general.

      (c) Research and describe the history of each community identified by the commission.

      (d) Propose legislation for the 69th session of the legislature to address the problems of the Asian-American communities identified by the commission.

      Sec. 3.  This act becomes effective on July 1, 1995, and expires by limitation on June 30, 1997.

 

________


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

ê1995 Statutes of Nevada, Page 2701ê

 

CHAPTER 700, AB 527

Assembly Bill No. 527–Committee on Taxation

CHAPTER 700

AN ACT relating to intoxicating liquor; repealing certain requirements for obtaining and retaining an importer’s or wholesaler’s license; repealing certain provisions governing suppliers of certain intoxicating liquor who are required to hold a certificate of compliance; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 369.185, 369.432, 369.435 and 369.438 are hereby repealed.

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

 

________

 

 

CHAPTER 701, AB 458

Assembly Bill No. 458–Assemblymen de Braga, Carpenter, Segerblom, Fettic, Goldwater, Bennett, Ohrenschall, Freeman, Nolan, Krenzer and Chowning

CHAPTER 701

AN ACT making an appropriation to Churchill County School District for the Turnabout AmeriCorps Child Care Program; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

      whereas, Although schools in Nevada have included programs of instruction in sex education in their curricula, a number of young women continue to become pregnant in high school; and

      whereas, Research has shown that the majority of these women drop out of high school because affordable, quality child care is not available; and

      whereas, The availability of classes in parenting, and prenatal and postnatal child care is limited and often nonexistent; and

      whereas, These young mothers and their children often become financially dependent on society because of the lack of education; and

      whereas, It is estimated that for every dollar invested in helping young mothers finish high school, $3,360 per year is saved in the program for Aid to Families With Dependent Children; and

      whereas, Turnabout AmeriCorps Child Care Program is a new national service initiative signed into law by President Clinton which is making it possible for young mothers and their children to reach their potential through education, training and community service; and

      whereas, The federal guidelines for the Turnabout AmeriCorps Child Care Program require that 15 percent of the expense for each participant be provided by the local provider; and

      whereas, This program does not presently allow persons under the age of 17 years to participate; and


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

ê1995 Statutes of Nevada, Page 2702 (Chapter 701, AB 458)ê

 

      whereas, Churchill County has many young mothers under the age of 17 years who are currently at risk of dropping out of high school because of a lack of affordable child care; and

      whereas, The child care and instructional classes provided by the Turnabout AmeriCorps Child Care Program with the cooperation of the Churchill County School District and the Churchill Community Hospital would be beneficial for the future of these young mothers; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to Churchill County School District the sum of $40,000 for expansion of the Turnabout AmeriCorps Child Care Program to include child care and instructional classes for young mothers under the age of 17 years.

      Sec. 2.  Churchill County School District may grant the money appropriated in section 1 of this act only if matching money, services, or a combination of both, is provided by the Turnabout AmeriCorps Child Care Program.

      Sec. 3.  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. 4.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 702, AB 538

Assembly Bill No. 538–Assemblymen Humke, Schneider, Carpenter, Ohrenschall, Manendo, Monaghan, Steel, Stroth, Sandoval, Lambert, Fettic, Bennett, Nolan, Arberry, Braunlin, Ernaut, Chowning, Allard, Hettrick and Marvel

CHAPTER 702

AN ACT relating to administrative regulations; creating the legislative committee to study state regulations which affect business and economic development and prescribing its duties; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby created a legislative committee to study state regulations which affect business and economic development, consisting of eight members of the legislature appointed by the legislative commission.

      2.  As soon as practicable after the adjournment sine die of the 68th session of the legislature, the legislative commission shall appoint the members of the committee and designate the chairman and vice chairman.

      3.  The terms of the members of the committee expire on June 30, 1997. A vacancy on the committee must be filled for the remainder of the unexpired term in the same manner as the original appointments.


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

ê1995 Statutes of Nevada, Page 2703 (Chapter 702, AB 538)ê

 

      Sec. 2.  1.  The legislative committee to study state regulations which affect business and economic development shall meet at the times and places specified by a call of the chairman or a majority of the committee.

      2.  The members of the committee are, except during a regular or special session of the legislature, entitled to receive out of the legislative fund the per diem expense allowances provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

      3.  The legislative counsel bureau shall provide the committee with such administrative and clerical support as the committee requires to carry out its duties.

      Sec. 3.  The legislative committee to study state regulations which affect business and economic development shall review the provisions of chapters 278, 333, 338, 341, 348A, 349, 361, 364A, 444, 444A, 445A, 445B, 446, 447, 459, 477, 484, 522, 538, 590, 598, 608, 612, 662, 686A and 689C of the Nevada Administrative Code and any other state regulations it determines affect business and economic development, and:

      1.  Determine the effect of existing state regulations on Nevada’s efforts to promote economic development.

      2.  Consider possible methods to:

      (a) Reduce the number and complexity of state regulations which affect business and economic development.

      (b) Decrease the number of state agencies authorized to adopt regulations regarding similar subjects which affect business and economic development.

      (c) Consolidate the assessment and collection of fees imposed by state regulations which affect business and economic development.

      3.  Recommend to the 69th session of the legislature any proposals for legislation the committee deems appropriate regarding the adoption of state regulations which affect business and economic development.

      Sec. 4.  Any recommended legislation proposed by the legislative committee to study state regulations which affect business and economic development must be approved by a majority of any members of the Senate and a majority of any members of the Assembly appointed to the committee.

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

 

________


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ê1995 Statutes of Nevada, Page 2704ê

 

CHAPTER 703, AB 606

Assembly Bill No. 606–Assemblymen Evans, Giunchigliani, Buckley, Goldwater, Dini, de Braga, Neighbors, Carpenter, Segerblom, Schneider, Williams, Price, Perkins, Humke, Sandoval, Anderson, Ernaut, Arberry, Brower, Spitler, Batten, Tiffany, Stroth, Marvel, Ohrenschall, Bache, Freeman, Krenzer, Manendo, Steel, Fettic, Lambert and Braunlin

CHAPTER 703

AN ACT relating to crimes; expanding the aggravating circumstances for murder of the first degree to include crimes motivated by certain characteristics of the victim; enacting provisions governing civil liability for crimes motivated by certain characteristics of the victim; establishing a program for reporting crimes motivated by certain characteristics of the victim within the central repository for Nevada records of criminal history; providing an additional penalty for specified crimes motivated by certain characteristics of the victim; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465 or 200.508, subsection 3 of NRS 200.5099 or paragraph (a) of subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator, may be punished by imprisonment in the state prison for an additional term not to exceed 25 percent of the term of imprisonment prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      Sec. 2.  NRS 193.169 is hereby amended to read as follows:

      193.169  1.  A person who is sentenced to an additional term of imprisonment pursuant to the provisions of NRS 193.161, 193.163, 193.165, 193.167, 193.168, 453.3343 [or 453.3345] , 453.3345 or section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      2.  This section does not:

      (a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1.

      (b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of more than one of the sections listed in subsection 1 and introducing evidence to prove the alternative allegations.


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

ê1995 Statutes of Nevada, Page 2705 (Chapter 703, AB 606)ê

 

      Sec. 3.  NRS 200.033 is hereby amended to read as follows:

      200.033  The only circumstances by which murder of the first degree may be aggravated are:

      1.  The murder was committed by a person under sentence of imprisonment.

      2.  The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.

      3.  The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.

      4.  The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary, invasion of the home or kidnaping in the first degree, and the person charged:

      (a) Killed or attempted to kill the person murdered; or

      (b) Knew or had reason to know that life would be taken or lethal force used.

      5.  The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.

      6.  The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.

      7.  The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For the purposes of this subsection, “peace officer” means:

      (a) An employee of the department of prisons who does not exercise general control over offenders imprisoned within the institutions and facilities of the department but whose normal duties require him to come into contact with those offenders, when carrying out the duties prescribed by the director of the department.

      (b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 281.0311 to 281.0353, inclusive, when carrying out those powers.

      8.  The murder involved torture or the mutilation of the victim.

      9.  The murder was committed upon one or more persons at random and without apparent motive.

      10.  The murder was committed upon a person less than 14 years of age.

      11.  The murder was committed upon a person because of the actual or perceived race, color, religion, national origin , physical or mental disability or sexual orientation of that person.

      12.  The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.


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

ê1995 Statutes of Nevada, Page 2706 (Chapter 703, AB 606)ê

 

      Sec. 4.  NRS 207.185 is hereby amended to read as follows:

      207.185  Unless a greater penalty is provided by law, a person who, by reason of the actual or perceived race, color, religion, national origin , physical or mental disability or sexual orientation of another person or group of persons, willfully violates any provision of NRS 200.471, 200.481, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 is guilty of a gross misdemeanor.

      Sec. 5.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who has suffered injury as the proximate result of the willful violation of the provisions of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465, 200.471, 200.481, 200.508, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 by a perpetrator who was motivated by the injured person’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation, may bring an action for the recovery of his actual damages and any punitive damages which the facts may warrant. If the person who has suffered injury prevails in an action brought pursuant to this subsection, the court shall award him costs and reasonable attorney’s fees.

      2.  The liability imposed by this section is in addition to any other liability imposed by law.

      Sec. 6.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The director of the department shall establish within the central repository a program for reporting crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability or sexual orientation.

      2.  The program must be designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability or sexual orientation. The director shall adopt guidelines for the collection of the statistical data, including, but not limited to, the criteria to establish the presence of prejudice.

      3.  The criminal repository shall include in its annual report to the governor pursuant to subsection 6 of NRS 179A.075, and in any other appropriate report, an independent section relating solely to the analysis of crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability or sexual orientation.

      4.  Data acquired pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.

      Sec. 7.  The amendatory provisions of sections 1, 3 and 4 of this act do not apply to offenses which are committed before October 1, 1995.


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

ê1995 Statutes of Nevada, Page 2707 (Chapter 703, AB 606)ê

 

      Sec. 8.  Notwithstanding the provisions of subsection 1 of NRS 354.599, each local government shall pay any additional expenses related to the provisions of this act from existing revenues of that local government.

      Sec. 9.  Section 3 of this act becomes effective at 12:03 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 704, AB 655

Assembly Bill No. 655–Committee on Commerce

CHAPTER 704

AN ACT relating to the housing division of the department of business and industry; revising the provisions regarding the advisory committee on housing; requiring the division to maintain its principal office in Las Vegas, Nevada; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 319.173 is hereby amended to read as follows:

      319.173  1.  [The administrator shall appoint] There is hereby created an advisory committee on housing to [advise him, pursuant to subsection 4, on the] review and provide to the director of the department of business and industry and the administrator advice, recommendations and other commentary regarding:

      (a) The investment of money or issuance of obligations [.] by the division.

      (b) The development of new programs or the improvement of existing programs of the division.

      (c) The improvement of policies and procedures of the division, including those relating to the dissemination of relevant information to persons who participate in or are otherwise interested in programs of the division.

      (d) The administration of the account for low-income housing.

      (e) Any other matters referred to the advisory committee by the director or administrator.

      2.  The advisory committee consists of [five members as follows:] the director of the department of business and industry or his representative, and eight members appointed by the director. The director shall appoint to the advisory committee:

      (a) One representative of an association of mortgage bankers in this state , [chosen by the administrator,] selected from a list of names submitted to the [administrator] director by that association.

      (b) One representative of persons engaged in residential construction in this state.

      (c) One representative of banks [in this state.

      (d) One representative of] or savings and loan associations in this state who is knowledgeable about making mortgage loans.

      (d) One member who is knowledgeable about the sale and marketing or the management of real property in this state.


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

ê1995 Statutes of Nevada, Page 2708 (Chapter 704, AB 655)ê

 

      (e) One [representative of financial institutions in general that loan money for mortgages.] member who is knowledgeable about the development or management of nonprofit housing in this state.

      (f) One member who is knowledgeable about housing programs sponsored, administered or supported by local governments in this state.

      (g) One member who is knowledgeable about federal housing programs administered by the division.

      (h) One member who is an advocate of affordable housing.

The members of the advisory committee are not entitled to any additional compensation for their service in that capacity.

      3.  The director of the department of business and industry or his representative shall serve as the chairman of the advisory committee. The advisory committee shall meet [from time to time] at least once each calendar quarter, and at the call of the chairman or upon the written request of the administrator or a majority of the members of the committee.

      4.  [At least 15 days before] The administrator shall submit annually to the advisory committee for its review, comment and recommendations a work plan for the activities of the division for the succeeding calendar year. The work plan must include:

      (a) The expected needs for financing and anticipated demand for tax credits and sources of funding for each of the programs administered by the division.

      (b) Strategies for meeting those needs and demands.

      (c) A plan for resolving any anticipated problems in carrying out those strategies.

      (d) A plan for the allocation of the resources of the division, including the allotment of its employees’ time, to carry out the work plan in such a manner as to serve the entire area of the state adequately.

      (e) Any other matters which are critical to the success of any programs administered by the division.

      5.  Before the:

      (a) Investment of money of the division pursuant to NRS 319.171; or

      (b) Submission of findings to the state board of finance pursuant to subsection 4 of NRS 319.323,

the administrator shall submit a plan of investment or a plan of financing , together with any proposed findings relating to that plan, to the advisory committee for its review and comment.

      [5.] 6.  The administrator shall report [at least twice each year] to the advisory committee at least once each calendar quarter on the activities of the division [.] and the implementation of the division’s work plan for that year.

      Sec. 2.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      The housing division of the department shall maintain its principal office in Las Vegas, Nevada.

      Sec. 3.  NRS 232.505 is hereby amended to read as follows:

      232.505  As used in NRS 232.505 to 232.840, inclusive, and section 2 of this act, unless the context requires otherwise:

      1.  “Department” means the department of business and industry.

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


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

ê1995 Statutes of Nevada, Page 2709 (Chapter 704, AB 655)ê

 

      Sec. 4.  1.  This section and section 1 of this act become effective on October 1, 1995.

      2.  Sections 2 and 3 of this act become effective on July 1, 1997.

 

________

 

 

CHAPTER 705, AB 671

Assembly Bill No. 671–Committee on Taxation

CHAPTER 705

AN ACT relating to taxation; providing an exemption from the property tax for tangible personal property purchased by a business which will be consumed during the operation of the business; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.068 is hereby amended to read as follows:

      361.068  1.  The following personal property is exempt from taxation:

      (a) Personal property held for sale by a merchant;

      (b) Personal property held for sale by a manufacturer;

      (c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;

      (d) Tangible personal property purchased by a business which will be consumed during the operation of the business;

      (e) Livestock;

      [(e)] (f) Colonies of bees;

      [(f)] (g) Pipe and other agricultural equipment used to convey water for the irrigation of legal crops;

      [(g)] (h) All boats; and

      [(h)] (i) Slide-in campers and camper shells.

      2.  As used in this section, “boat” includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

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

 

________


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

ê1995 Statutes of Nevada, Page 2710ê

 

CHAPTER 706, SB 85

Senate Bill No. 85–Committee on Human Resources and Facilities

CHAPTER 706

AN ACT relating to education; revising certain provisions governing the suspension or expulsion of a pupil for the possession of a dangerous weapon or firearm; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

      2.  Except as otherwise provided in this section, any pupil who is found in possession of a [dangerous weapon] firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be [suspended or] expelled from the school [,] for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the [equivalent of one semester for that school.] period of the expulsion. For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school. The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.

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

      4.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

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

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


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

ê1995 Statutes of Nevada, Page 2711 (Chapter 706, SB 85)ê

 

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

      6.  As used in this section:

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

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, [explosive substance or device, dirk, dagger, pistol, revolver or other firearm,] dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350 [.] , or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

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

 

________

 

 

CHAPTER 707, SB 88

Senate Bill No. 88–Committee on Human Resources and Facilities

CHAPTER 707

AN ACT relating to education; requiring the state board of education to establish a program to teach the English language to certain pupils; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state board of education shall establish a program to teach the English language to pupils whose:

      (a) Primary language is not English;

      (b) Proficiency in the English language is below the average proficiency of pupils at the same age or grade level whose primary language is English; and

      (c) Probability of success in a classroom in which courses of study are taught only in the English language is impaired because of their limited proficiency in the English language.


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

ê1995 Statutes of Nevada, Page 2712 (Chapter 707, SB 88)ê

 

      2.  The state board of education shall adopt regulations to carry out the program. The regulations must prescribe the procedure by which a school district may obtain a waiver from the requirements of the program.

 

________

 

 

CHAPTER 708, SB 157

Senate Bill No. 157–Committee on Judiciary

CHAPTER 708

AN ACT relating to expert witnesses; revising the provisions governing the use of an affidavit or declaration in lieu of the testimony of an expert witness as to the existence of alcohol or a controlled substance; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The affidavit of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

      (a) The quantity of the purported controlled substance; or

      (b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,

is admissible in the manner provided in this section.

      2.  An affidavit which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit.

      3.  The defendant may object in writing to admitting into evidence an affidavit submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit.

      Sec. 2.  NRS 50.315 is hereby amended to read as follows:

      50.315  1.  [If a person has qualified in the district court of any county as an expert witness to testify regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, the expert’s affidavit is admissible in evidence in an administrative proceeding or in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justice’s or municipal court in any county in the district to prove:

      (a) The quantity of the purported controlled substance; and


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

ê1995 Statutes of Nevada, Page 2713 (Chapter 708, SB 157)ê

 

      (b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.

      2.  A] Except as otherwise provided in subsections 6 and 7, a person’s affidavit is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) That he has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a person’s breath to determine the amount by weight of alcohol in his breath;

      (b) The identity of a person from whom the affiant obtained a sample of breath; and

      (c) That the affiant tested the sample using a device of a type so certified and that the device was functioning properly . [; and

      (d) The amount of alcohol that he found in the person’s breath.

      3.  The]

      2.  Except as otherwise provided in subsections 6 and 7, the affidavit of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another’s breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) The affiant’s occupation; and

      (b) That he prepared a solution or gas having the chemical composition necessary for accurately calibrating it.

      [4.  The]

      3.  Except as otherwise provided in subsections 6 and 7, the affidavit of a person who calibrates a device for testing another’s breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) The affiant’s occupation;

      (b) That on a specified date he calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;

      (c) That the calibration was performed within the period required by the committee’s regulations; and

      (d) Upon completing the calibration of the device, it was operating properly.

      [5.  The]

      4.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in [subsection] section 1 of this act is admissible in any criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) The identity of the person from whom the affiant or declarant withdrew the sample;

      (c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and


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ê1995 Statutes of Nevada, Page 2714 (Chapter 708, SB 157)ê

 

      (d) The identity of the person to whom the affiant or declarant delivered it.

      [6.  The]

      5.  Except as otherwise provided in subsections 6 and 7, the affidavit of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal or administrative proceeding to prove:

      (a) The occupation of the affiant;

      (b) The fact that the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and

      (c) The identity of the person to whom the affiant delivered it.

      6.  If, at or before the time of the trial, the defendant establishes that:

      (a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and

      (b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,

the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.

      7.  During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.

      [7.] 8. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

      Sec. 3.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  If a person is charged with an offense punishable pursuant to chapter 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor, a controlled substance or a chemical, poison or organic solvent, and it is necessary to prove:

      (a) The existence of any alcohol;

      (b) The quantity of a controlled substance; or

      (c) The existence or identity of a controlled substance, chemical, poison or organic solvent,

the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and section 1 of this act be admitted [in] into evidence at the trial or preliminary hearing concerning the offense. Except as otherwise provided in NRS 50.315 and section 1 of this act, the affidavit or declaration must be admitted into evidence.

      2.  [The] If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be [made] :


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

ê1995 Statutes of Nevada, Page 2715 (Chapter 708, SB 157)ê

 

      (a) Made at least 10 days before the date set for the trial [or preliminary hearing and must be sent] ;

      (b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney [.] ; and

      (c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.

      3.  [If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or preliminary hearing that the presence of the expert or other person is demanded, the affidavit or declaration must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a driver’s license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.

      4.  If at the trial or preliminary hearing the affidavit or declaration of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge or justice of the peace may adjourn the trial or hearing for a period not to exceed 3 judicial days to receive the testimony. If 3 judicial days are not sufficient in a county whose population is less than 35,000 to provide the presence of the expert or other person to be examined or cross-examined, the judge, justice of the peace or hearing officer may extend the period of adjournment for a period not exceeding 10 days. The time within which a preliminary hearing or trial is required is extended by the time of the adjournment.] The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.

 

________

 

 

CHAPTER 709, SB 171

Senate Bill No. 171–Senator Rhoads

CHAPTER 709

AN ACT relating to the cost of litigation; authorizing courts to award as costs to the prevailing party the costs of certain computerized services; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 18.005 is hereby amended to read as follows:

      18.005  For the purposes of NRS 18.010 to 18.150, inclusive, the term “costs” means:

      1.  Clerks’ fees.

      2.  Reporters’ fees for depositions, including a reporter’s fee for one copy of each deposition.

      3.  Jurors’ fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.


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

ê1995 Statutes of Nevada, Page 2716 (Chapter 709, SB 171)ê

 

      4.  Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.

      5.  Reasonable fees of not more than five expert witnesses in an amount of not more than $1,500 for each witness, unless the court allows a larger fee after determining that the circumstances surrounding the expert’s testimony were of such necessity as to require the larger fee.

      6.  Reasonable fees of necessary interpreters.

      7.  The fee of any sheriff or licensed process server for the delivery or service of any summons or subpoena used in the action, unless the court determines that the service was not necessary.

      8.  The fees of the official reporter or reporter pro tempore.

      9.  Reasonable costs for any bond or undertaking required as part of the action.

      10.  Fees of a court bailiff who was required to work overtime.

      11.  Reasonable costs for telecopies.

      12.  Reasonable costs for photocopies.

      13.  Reasonable cost for long distance telephone calls.

      14.  Reasonable costs for postage.

      15.  Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.

      16.  Any other reasonable and necessary expense incurred in connection with the action [.] , including reasonable and necessary expenses for computerized services for legal research.

 

________

 

 

CHAPTER 710, SB 204

Senate Bill No. 204–Committee on Finance

CHAPTER 710

AN ACT making appropriations to the University and Community College System of Nevada and to the department of education for the purchase of computers and related communications services to improve access to INTERNET, increase the use of interactive video and for the development and implementation of an automated statewide system of information concerning pupils; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

      whereas, It is the goal of the 68th session of the Nevada legislature to:

      1.  Cause the development of a statewide educational information network to improve access to information for all residents of this state; and

      2.  Improve the education of the residents of this state by providing to pupils in public elementary and secondary schools, and to students in institutions of higher learning, increased access to educational experiences through such methods as interactive video and INTERNET;

and

      whereas, The University and Community College System of Nevada has already developed such a network, but it lacks the capacity to support increased access to interactive video or INTERNET; and


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

ê1995 Statutes of Nevada, Page 2717 (Chapter 710, SB 204)ê

 

      whereas, The Nevada School Network, a pilot project designed to allow approximately 200 classrooms and teachers to access INTERNET and other electronic networks through a collaborative effort involving the University and Community College System of Nevada, the department of education and the Nevada Rural School District Alliance, has proven so successful that the number of users is approaching 2,000; and

      whereas, It is the intent of the legislature that the University and Community College System of Nevada and local school districts continue their commitment to the Nevada School Network; and

      whereas, It is mutually beneficial for the University and Community College System of Nevada, local school districts, the department of education and other governmental entities to work together to develop joint initiatives for improved access to information and educational experiences; and

      whereas, It is the intent of the legislature that the University and Community College System of Nevada, serving in a leadership capacity, coordinate its efforts with those of local school districts, the department of education and other governmental entities to enhance the system’s existing educational information network to improve access to information and educational experiences through interactive video and INTERNET; and

      whereas, It is the intent of the legislature that, to the extent possible, all school districts and public schools have access to the system’s educational information network; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $5,000,000 for the purchase of computer hardware and software, communications services and related, nonrecurring services necessary to enhance the system’s educational information network for the purpose of improving access for university and community college students, public school pupils and other residents of this state to information and educational programs through INTERNET and interactive video.

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $3,000,000 to be used as follows:

      (a) The sum of $400,000 to be used by the department for nonrecurring expenses related to connecting individual public schools to the educational information network of the University and Community College System of Nevada;

      (b) The sum of $705,000 to be used by the department for:

             (1) Contractual services to provide an analysis of the needs of each county school district;

             (2) Contractual services to evaluate, plan, install, implement and test in the public schools and the offices of the county school districts throughout the state an automated statewide system of information concerning pupils;

             (3) The development of applications for the statewide system; and

             (4) The provision of training and written documentation to support the statewide system;


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

ê1995 Statutes of Nevada, Page 2718 (Chapter 710, SB 204)ê

 

      (c) The sum of $81,000 to be used by the department for contractual services to develop software that may be used by county school districts to generate the reports required pursuant to NRS 385.347; and

      (d) The sum of $1,814,000 to be distributed among the various county school districts for the purchase of computer hardware and software and related services as set forth in a plan developed by each school district, respectively, for participation in the automated statewide system of information concerning pupils. The plan developed by a school district must be compiled from plans developed for each public school within the school district and, must be approved by the superintendent of public instruction before the school district may receive money pursuant to this paragraph.

      2.  To receive money pursuant to paragraph (a) of subsection 1, a school district must submit an application to the superintendent of public instruction containing the following information:

      (a) A description of the school district’s needs and plans for utilizing the educational information network of the University and Community College System of Nevada;

      (b) A description of how the money requested would be spent;

      (c) A statement of the school district’s commitment to continued participation in and support of the Nevada School Network;

      (d) A plan for evaluating the effect that the increased usage of INTERNET or interactive video through the educational information network has on the school district’s educational program; and

      (e) Any other information the superintendent deems necessary to determine a school district’s need for funding to connect individual public schools to the educational information network of the University and Community College System of Nevada.

      Sec. 3.  Any remaining balance of the appropriations made by sections 1 and 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.  The University and Community College System of Nevada and the department of education shall enter into a cooperative agreement regarding initiatives to improve access to information and educational experiences through INTERNET and interactive video.

      Sec. 5.  The University and Community College System of Nevada and the department of education shall, on or before February 15, 1997, report to the 69th session of the Nevada legislature on all expenditures of money appropriated by sections 1 and 2 of this act, the status of the educational information network and the number and types of educational experiences and enhancements provided by the money appropriated.

      Sec. 6.  For the purposes of carrying out the provisions of this act, the department of education is not subject to the provisions of chapter 233F or 242 of NRS.

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

 

________


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

ê1995 Statutes of Nevada, Page 2719ê

 

CHAPTER 711, SB 210

Senate Bill No. 210–Committee on Finance

CHAPTER 711

AN ACT making appropriations to finance the state’s share of a business process re-engineering for certain divisions and departments; making an appropriation to the department of administration for a study on business process re-engineering; and providing other matters properly relating thereto.

 

[Approved July 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 department of human resources the sum of $675,436 to finance the state’s share of a business process re-engineering for all divisions of the department except the division of child and family services. The money appropriated by this section may not be expended until the interim finance committee approves the department’s proposed business process re-engineering plan.

      Sec. 2.  There is hereby appropriated from the state general fund to the department of business and industry the sum of $350,000 for a joint business process re-engineering between the department of business and industry and the department of taxation. The department of business and industry and the department of taxation must cooperatively conduct the re-engineering.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the department of administration the sum of $250,000 for expenses related to a study on business process re-engineering which would include an interface between the data centers for the public safety portion of the department of motor vehicles and public safety, the department of prisons and the data center within the attorney general’s office.

      2.  The department of administration shall report semiannually to the interim finance committee concerning the progress of the study on business process re-engineering and submit the final report to the legislative commission and the interim finance committee on or before September 30, 1996.

      Sec. 4.  Any remaining balances of the appropriations made by sections 1, 2 and subsection 1 of section 3 of this act must not be committed for expenditure after June 30, 1997, and revert to the state general fund as soon as all payments of money committed have been made.

      Sec. 5.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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

ê1995 Statutes of Nevada, Page 2720ê

 

CHAPTER 712, SB 214

Senate Bill No. 214–Committee on Finance

CHAPTER 712

AN ACT relating to health care; exempting a health maintenance organization that provides health care services to Medicaid recipients pursuant to a contract with the welfare division of the department of human resources from certain statutory requirements; making an appropriation to the welfare division for certain costs accrued before the commencement of the Nevada Medicaid managed care program; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, [shall] must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250, 695C.260 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid pursuant to a contract with the welfare division of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      Sec. 2.  There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $12,854,622. This appropriation must be used exclusively to pay for the accrued costs of Medicaid services rendered to recipients of benefits pursuant to Aid to Families with Dependent Children and related programs, the Child Health Assurance Program and other child welfare programs, which have not been paid before the commencement of the Nevada Medicaid managed care program.

      Sec. 3.  Any remaining balance of the appropriation 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.


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

ê1995 Statutes of Nevada, Page 2721 (Chapter 712, SB 214)ê

 

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 713, SB 299

Senate Bill No. 299–Senator Jacobsen

CHAPTER 713

AN ACT relating to dangerous weapons; requiring a sheriff to issue permits to carry concealed firearms to certain persons; revising the provisions prohibiting the carrying of certain concealed weapons; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires:

      1.  “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

      2.  “Department” means the department of motor vehicles and public safety.

      3.  “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of sections 2 to 11, inclusive, of this act.

      Sec. 3.  1.  Any person may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the department. Application forms for permits must be furnished by the sheriff of each county upon request.

      2.  Except as otherwise provided in this section, the sheriff shall issue a permit for no more than two specific firearms to any person who is qualified to possess a firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:

      (a) Is a resident of this state;

      (b) Is 21 years of age or older;

      (c) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

      (d) Demonstrates competence with a firearm by presenting a certificate or other documentation to the sheriff which shows that he:

             (1) Successfully completed a course approved by the sheriff issuing the permit; or

             (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.


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

ê1995 Statutes of Nevada, Page 2722 (Chapter 713, SB 299)ê

 

Such a course must include instruction in the use of each firearm to which the application pertains and in the laws of this state relating to the proper use of a firearm.

      3.  The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:

      (a) Has an outstanding warrant for his arrest.

      (b) Has been judicially declared incompetent or insane.

      (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

      (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:

             (1) Convicted of violating the provisions of NRS 484.379; or

             (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

      (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

      (f) Has been convicted of a felony in this state or under the laws of any state, territory or possession of the United States.

      (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

      (h) Is currently on parole or probation from a conviction obtained in this state or in any other state or territory or possession of the United States.

      (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this state or of any other state or territory or possession of the United States, as a condition to the court’s:

             (1) Withholding of the entry of judgment for his conviction of a felony; or

             (2) Suspension of his sentence for the conviction of a felony.

      (j) Has made a false statement on any application for a permit or for the renewal of a permit.

      4.  The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

      5.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of his application until the final disposition of the charges against him.


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

ê1995 Statutes of Nevada, Page 2723 (Chapter 713, SB 299)ê

 

sheriff shall suspend the person’s permit or the processing of his application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.

      6.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

      (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

      (b) A complete set of the applicant’s fingerprints taken by the sheriff or his agent;

      (c) A front-view colored photograph of the applicant taken by the sheriff or his agent;

      (d) The applicant’s driver’s license number or identification card number issued by the department;

      (e) The make, model and caliber of each firearm to which the application pertains;

      (f) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of section 4 of this act; and

      (g) A nonrefundable fee set by the sheriff not to exceed $60.

      Sec. 4.  1.  Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Nevada highway patrol division of the department and the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun under state or federal law or is not otherwise qualified to obtain a permit pursuant to sections 2 to 11, inclusive, of this act or the regulations adopted pursuant thereto.

      2.  To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

      3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form.


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

ê1995 Statutes of Nevada, Page 2724 (Chapter 713, SB 299)ê

 

NEVADA CONCEALED FIREARM PERMIT

 

County ...............................................             Permit Number ...................

Expires ..............................................             Date of Birth .......................

Height ...............................................             Weight ..................................

Name .................................................             Address ................................

City ....................................................             Zip .........................................

                                                                                           Photograph

Signature ..........................................

Issued by ...........................................

Date of Issue ....................................

Make, model and caliber of firearm authorized.......................................

 

      4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of sections 2 to 11, inclusive, of this act, his date of birth shall be deemed to be on February 28.

      Sec. 5.  If an application for a permit is denied by a sheriff, the applicant who submitted the application may seek a judicial review of the denial by filing a petition in the district court for the county in which the applicant resides. A judicial review conducted pursuant to this section must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      Sec. 6.  1.  Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of section 7 of this act, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

      2.  A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

      Sec. 7.  1.  A permittee shall notify the sheriff who issued his permit in writing within 30 days if:

      (a) His permanent address changes; or

      (b) His permit is lost, stolen or destroyed.

      2.  The sheriff shall issue a duplicate permit to a permittee if he:

      (a) Submits a written statement to the sheriff, signed under oath, stating that his permit has been lost, stolen or destroyed; and

      (b) Pays a nonrefundable fee of $15.

      3.  If any permittee subsequently finds or recovers his permit after being issued a duplicate permit pursuant to this section, he shall, within 10 days:

      (a) Notify the sheriff in writing; and

      (b) Return the duplicate permit to the sheriff.

      4.  A permittee who fails to notify a sheriff pursuant to the provisions of this section is subject to a civil penalty of $25.


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

ê1995 Statutes of Nevada, Page 2725 (Chapter 713, SB 299)ê

 

      Sec. 8.  1.  Except as otherwise provided in NRS 202.265 and this section, a permittee must not carry a concealed firearm into:

      (a) Any facility of a law enforcement agency;

      (b) A prison, county or city jail or detention facility;

      (c) A courthouse or courtroom;

      (d) Any facility of a public or private school;

      (e) Any facility of a vocational or technical school, or of the University and Community College System of Nevada;

      (f) Any other building owned or occupied by the Federal Government, the state or a local government; or

      (g) Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.

      2.  The provisions of this section do not prohibit a permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing other permittees to carry a concealed firearm in his courtroom.

      3.  The provisions of this section are not applicable to an employee of the facility identified in subsection 1 while on the premises of that facility.

      4.  The violation of the provisions of subsection 1 is a misdemeanor.

      Sec. 9.  1.  If a permittee wishes to renew his permit, the permittee must complete and submit to the sheriff who issued the permit an application for renewal of the permit.

      2.  An application for the renewal of a permit must:

      (a) Be completed and signed under oath by the applicant;

      (b) Contain a statement that the applicant is eligible to receive a permit pursuant to section 3 of this act; and

      (c) Be accompanied by a nonrefundable fee of $25.

If a permittee fails to renew his permit on or before the date of expiration of his permit, the application for renewal must include an additional nonrefundable late fee of $15.

      3.  No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with a firearm by successfully completing a course prescribed by the sheriff renewing the permit.

      Sec. 10.  All fees collected pursuant to the provisions of sections 2 to 11, inclusive, of this act must be deposited with the county treasurer of the county in which the fees are collected and:

      1.  If the county has a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that metropolitan police department; or

      2.  If the county does not have a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that county.

      Sec. 10.5.  The state or any political subdivision of the state, the department, a sheriff, law enforcement agency, firearm safety or training instructor or any other person who, in good faith and without gross negligence, acts pursuant to the provisions of sections 2 to 11, inclusive, of this act is immune from civil liability for those acts. Such acts include, but are not limited to, the receipt, review or investigation of an application for a permit, or the issuance, denial, suspension, revocation or renewal of a permit.


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

ê1995 Statutes of Nevada, Page 2726 (Chapter 713, SB 299)ê

 

      Sec. 10.7.  1.  The provisions of sections 2 to 11, inclusive, of this act, do not prohibit a sheriff from issuing a temporary permit to carry a concealed firearm. A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.

      2.  Each sheriff who issues a permit pursuant to the provisions of sections 2 to 11, inclusive, of this act shall, upon request by the department, provide such information concerning the permit and the person to whom it is issued as is deemed necessary by the department for inclusion in the central repository for Nevada records of criminal history.

      Sec. 11.  The department may adopt such regulations as are necessary to carry out the provisions of sections 2 to 11, inclusive, of this act.

      Sec. 12.  NRS 202.253 is hereby amended to read as follows:

      202.253  As used in NRS 202.255 to 202.360, inclusive [:] , 202.365 and sections 2 to 11, inclusive, of this act.

      1.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      2.  “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

      3.  “Motor vehicle” means every vehicle that is self-propelled.

      Sec. 13.  NRS 202.350 is hereby amended to read as follows:

      202.350  1.  It is unlawful for a person within this state to:

      (a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or

      (b) Except as otherwise provided in subsection 4 [,] and sections 2 to 11, inclusive, of this act, carry concealed upon his person any:

             (1) Explosive substance, other than ammunition or any components thereof;

             (2) Dirk, dagger or [dangerous knife;] machete;

             (3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

             (4) Knife which is made an integral part of a belt buckle.

      2.  It is unlawful for a person to possess or use a:

      (a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or

      (b) Machine gun or a silencer.

      3.  Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.

      4.  [The] Except as otherwise provided in this subsection and sections 2 to 11, inclusive, of this act, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit . [, except that no permit may be granted] The sheriff shall not issue a permit to a person to carry a switchblade knife:

 


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ê1995 Statutes of Nevada, Page 2727 (Chapter 713, SB 299)ê

 

that no permit may be granted] The sheriff shall not issue a permit to a person to carry a switchblade knife:

      5.  As used in this section:

      (a) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

      (b) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

      (c) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

      (d) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.

      (e) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

      Sec. 14.  Notwithstanding the provisions of sections 2 to 11, inclusive, of this act, a permit to carry a concealed weapon issued by a sheriff of any county before October 1, 1995, shall be deemed to be a valid permit for the purposes of this act until:

      1.  The date of expiration of the permit; or

      2.  April 1, 1996,

whichever occurs earlier.

 

________

 

 

CHAPTER 714, SB 231

Senate Bill No. 231–Senators Augustine, Lowden, Jacobsen, Lee, Mathews, Porter, Rawson, Regan, Shaffer and Titus

CHAPTER 714

AN ACT relating to motor vehicles; reducing the period within which a new resident is required to obtain a driver’s license and register his motor vehicle in this state; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.385 is hereby amended to read as follows:

      482.385  1.  Except as otherwise provided in subsection 4 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without its registration in this state pursuant to the provisions of this chapter and without the payment of any registration fees to this state.


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ê1995 Statutes of Nevada, Page 2728 (Chapter 714, SB 231)ê

 

owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without its registration in this state pursuant to the provisions of this chapter and without the payment of any registration fees to this state.

      2.  This section does not:

      (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.

      (b) Require registration of vehicles of a type subject to registration pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

      (c) Require registration of a vehicle operated by a border state employee.

      3.  When a person, formerly a nonresident, becomes a resident of this state, he shall [, within 45] :

      (a) Within 30 days after becoming a resident [,] ; or

      (b) At the time he obtains his driver’s license,

whichever occurs earlier, apply for the registration of any vehicle which he owns and which is operated in this state.

      4.  Any resident operating a motor vehicle upon a highway of this state which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause [this] that vehicle to be registered within [45] 30 days after beginning its operation within this state.

      5.  A person registering a vehicle pursuant to the provisions of subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and privilege tax, as required by the provisions of this chapter and chapter 371 of NRS. He must not be allowed credit on those taxes and fees for the unused months of his previous registration.

      6.  If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.

      7.  An owner registering a vehicle pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.

      8.  A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public, if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that:

      (a) The owner of the vehicle is a resident of this state; or

      (b) The vehicle is used in this state for a gainful purpose.

      Sec. 2.  NRS 483.245 is hereby amended to read as follows:

      483.245  1.  When a person becomes a resident of Nevada as defined in this chapter and chapter 482 of NRS he must, within [45] 30 days, obtain a Nevada driver’s license as a prerequisite to driving any motor vehicle in the State of Nevada.


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ê1995 Statutes of Nevada, Page 2729 (Chapter 714, SB 231)ê

 

      2.  Where a person who applies for a license has a valid driver’s license from a state which has requirements for issuance of drivers’ licenses comparable to those of the State of Nevada, the department may issue a Nevada license under the same terms and conditions applicable to a renewal of a license in this state.

      3.  In carrying out the provisions of this chapter, the director is authorized to enter into reciprocal agreements with appropriate officials of other states concerning the licensing of drivers of motor vehicles.

 

________

 

 

CHAPTER 715, SB 322

Senate Bill No. 322–Committee on Transportation

CHAPTER 715

AN ACT relating to motor vehicles; abolishing the requirement that certain persons whose motor vehicle registrations are suspended must furnish proof of financial responsibility before their registrations will be reinstated under certain circumstances; providing for the filing of certificates of financial responsibility by electronic transmission or any other means deemed appropriate by the department of motor vehicles and public safety; repealing the provisions which authorize the department to contract with a nongovernmental agency to develop and maintain the data base for verifying that the owners of motor vehicles maintain insurance on their vehicles; revising various provisions relating to insurance required for operating a motor vehicle, security required following an accident and proof of financial responsibility; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department.

      3.  Each application must be made upon the appropriate form furnished by the department and contain:

      (a) The signature of the owner.

      (b) His residential address.

      (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used [,] and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.


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ê1995 Statutes of Nevada, Page 2730 (Chapter 715, SB 322)ê

 

      (e) Proof satisfactory to the department that the applicant has provided the [security] insurance required by NRS 485.185 and his signed declaration that he will maintain the [security] insurance during the period of registration.

      (f) If the [security] insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

             (1) A certificate of insurance on a form approved by the commissioner of insurance; or

             (2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.

The department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as is required by the department, and must be accompanied by proof of ownership satisfactory to the department.

      5.  For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      Sec. 2.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a [valid] certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.


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

ê1995 Statutes of Nevada, Page 2731 (Chapter 715, SB 322)ê

 

      2.  An application mailed or presented to the department or to a county assessor pursuant to the provisions of this section, or presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281 must include:

      (a) A signed declaration by the applicant that he has and will maintain, during the period of registration, [security] insurance as required by NRS 485.185. [Security] Insurance may be provided by an operator’s policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.

      (b) If required, evidence of compliance with standards for control of emissions.

      3.  The department shall insert in each application mailed pursuant to subsection 1 the amount of privilege tax to be collected for the county pursuant to the provisions of NRS 482.260.

      4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.

      Sec. 3.  NRS 482.295 is hereby amended to read as follows:

      482.295  The department shall not register a vehicle intended to be leased by a short-term lessor until the owner demonstrates to the department his financial ability to respond to damages by [:

      1.  Providing proof of financial responsibility as that term is defined in NRS 485.105; or

      2.  Qualifying as a self-insurer pursuant to NRS 485.380.] providing evidence of insurance as that term is defined in section 10 of this act.

      Sec. 4.  NRS 482.398 is hereby amended to read as follows:

      482.398  1.  In a county whose population is 400,000 or more, a permit for the operation of a golf cart may be issued by the department if the golf cart is equipped as required by subsection 2 and [proof of security] evidence of insurance as required for the registration of a motor vehicle is submitted when application for the permit is made.

      2.  [The required equipment is:] A golf cart must have the following equipment:

      (a) Headlamps;

      (b) Tail lamps, reflectors, stop lamps and an emblem or placard for slow moving vehicles;

      (c) [Mirror;] A mirror; and

      (d) Brakes.

Each of these items of equipment must meet the standards prescribed for motor vehicles generally.

      3.  A permit is not required for the operation of a golf cart during daylight, by a person holding a current driver’s license, if the golf cart is:

      (a) Equipped with an emblem or placard for slow moving vehicles; and


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ê1995 Statutes of Nevada, Page 2732 (Chapter 715, SB 322)ê

 

      (b) Operated solely upon that portion of a highway designated by the appropriate city or county as a:

             (1) Crossing for golf carts; or

             (2) Route of access between a golf course and the residence or temporary abode of the owner or operator of the golf cart.

      Sec. 5.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

      3.  For each transfer of registration a fee of $6 in addition to any other fees.

      4.  Except as otherwise provided in NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to that section:

      (a) A fee of [$100] $250 for a registered owner who failed to have [a contract of] insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

      (b) A fee of $50 for a registered owner who had [a contract of] insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317, but failed to return the form within the time specified in that subsection,

both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS [485.312] 485.313 to 485.318, inclusive.

      5.  For every travel trailer, a fee for registration of $27.

      6.  For every permit for the operation of a golf cart, an annual fee of $10.

      Sec. 6.  NRS 484.229 is hereby amended to read as follows:

      484.229  1.  Except as otherwise provided in subsections 2, 3 and 4, the driver of a vehicle which is in any manner involved in an accident on a highway or on premises to which the public has access, if the accident results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of [$350] $750 or more, shall, within 10 days after the accident, forward a written report of the accident to the department. Whenever damage occurs to a motor vehicle, the operator shall attach to the accident report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this state, an adjuster licensed [under] pursuant to chapter 684A of NRS or an appraiser licensed [under] pursuant to chapter 684B of NRS. The department may require the driver or owner of the vehicle to file supplemental written reports whenever the original report is insufficient in the opinion of the department.


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ê1995 Statutes of Nevada, Page 2733 (Chapter 715, SB 322)ê

 

      2.  A report is not required from any person if the accident was investigated by a law enforcement agency and the report of the investigating officer contains:

      (a) The name and address of the insurance company providing coverage to each person involved in the accident;

      (b) The number of each policy; and

      (c) The dates on which the coverage begins and ends.

      3.  The driver of a vehicle subject to the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada need not submit in his report the information requested pursuant to subsection 3 of NRS 484.247 until the 10th day of the month following the month in which the accident occurred.

      4.  A written accident report is not required [under] pursuant to this chapter from any person who is physically incapable of making a report, during the period of his incapacity. Whenever the driver is physically incapable of making a written report of an accident as required in this section and he is not the owner of the vehicle, the owner shall within 10 days after knowledge of the accident make the report not made by the driver.

      5.  All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents are without prejudice to the person so reporting and are for the confidential use of the department or other state agencies having use of the records for accident prevention, except that the department may disclose to a person involved in an accident or to his insurer the identity of another person involved in the accident when his identity is not otherwise known or when he denies his presence at the accident. The department may also disclose the name of his insurer and the number of his policy.

      6.  No written report forwarded [under] pursuant to the provisions of this section may be used as evidence in any trial, civil or criminal, arising out of an accident except that the department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if the report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.

      Sec. 7.  NRS 484.792 is hereby amended to read as follows:

      484.792  Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of this chapter, except for violating a provision of NRS 484.395 to 484.443, inclusive, the officer shall demand proof of the [security] insurance required by NRS 485.185, and issue a citation as provided in NRS 484.799 if the officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187. If the driver of the vehicle is not the owner, a citation must also be issued to the owner, and in such a case the driver:

      1.  [Is authorized to] May sign the citation on behalf of the owner; and

      2.  Shall notify the owner of the citation within 3 days after it is issued.


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ê1995 Statutes of Nevada, Page 2734 (Chapter 715, SB 322)ê

 

The agency which employs the peace officer shall immediately forward a copy of the citation to the registered owner of the vehicle, by certified mail, at his address as it appears on the certificate of registration.

      Sec. 8.  Chapter 485 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 12, inclusive, of this act.

      Sec. 9.  “Certificate of financial responsibility” means the certificate issued by an insurance carrier pursuant to NRS 485.308 certifying that there is a motor vehicle liability policy in effect for a person who is required to furnish proof of financial responsibility.

      Sec. 10.  “Evidence of insurance” means:

      1.  The form provided by an insurer pursuant to NRS 690B.023 as evidence of a contract of insurance for a motor vehicle liability policy; or

      2.  The certificate of self-insurance issued to a self-insurer by the department pursuant to NRS 485.380.

      Sec. 11.  “Insurance” means:

      1.  A motor vehicle liability policy; or

      2.  The security provided by a self-insurer pursuant to NRS 485.380.

      Sec. 12.  A person whose license or registrations are suspended for failure to maintain proof of financial responsibility as required pursuant to this Title must provide proof of financial responsibility pursuant to NRS 485.307 before his license or registrations will be reinstated. He must maintain proof of financial responsibility for 3 years after the date of the reinstatement of his license pursuant to the provisions of this chapter. If he fails to do so, the division shall suspend his license and registrations.

      Sec. 13.  NRS 485.010 is hereby amended to read as follows:

      485.010  This chapter may be cited as the Motor Vehicle [Safety] Insurance and Financial Responsibility Act.

      Sec. 14.  NRS 485.020 is hereby amended to read as follows:

      485.020  As used in this chapter, unless the context otherwise requires, the words and [phrases] terms defined in NRS 485.033 to 485.120, inclusive, and sections 9, 10 and 11 of this act, have the meanings ascribed to them in those sections.

      Sec. 15.  NRS 485.055 is hereby amended to read as follows:

      485.055  1.  “Motor vehicle liability policy” means an owner’s policy of liability insurance or an operator’s policy of liability insurance issued [, except as otherwise provided in NRS 485.309,] by an insurer authorized to transact business in this state, to or for the benefit of the person named therein as insured.

      2.  With respect to a policy which grants excess or additional coverage over that required by NRS 485.3091, the term “motor vehicle liability policy” applies only to that part of the coverage which is required by NRS 485.3091.

      Sec. 16.  NRS 485.080 is hereby amended to read as follows:

      485.080  “Operator” means every person who is in actual physical control of a motor vehicle whether or not licensed as an operator [or chauffeur under] pursuant to the laws of this state.

      Sec. 17.  NRS 485.185 is hereby amended to read as follows:

      485.185  Every [registered] owner of a motor vehicle which is registered or required to be registered in the state [and every owner of a motor vehicle which is not registered in this state as required,] shall continuously provide, while the motor vehicle is present or registered in this state, [by a contract of insurance for a motor vehicle liability policy or by qualifying as a self-insurer in compliance with this chapter, security:] insurance:

 


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ê1995 Statutes of Nevada, Page 2735 (Chapter 715, SB 322)ê

 

which is not registered in this state as required,] shall continuously provide, while the motor vehicle is present or registered in this state, [by a contract of insurance for a motor vehicle liability policy or by qualifying as a self-insurer in compliance with this chapter, security:] insurance:

      1.  In the amount of $15,000 for bodily injury to or death of one person [,] in any one accident;

      2.  Subject to the limit for one person, in the amount of $30,000 for bodily injury to or death of two or more persons in any one accident; and

      3.  In the amount of $10,000 for injury to or destruction of property of others in any one accident;

for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.

      Sec. 18.  NRS 485.187 is hereby amended to read as follows:

      485.187  1.  Except as otherwise provided in subsection [6,] 5, the owner of a motor vehicle shall not:

      (a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having [security for payment of liabilities arising from maintenance or use of the vehicle] insurance as required by NRS 485.185.

      (b) Operate or knowingly permit the operation of the motor vehicle without having evidence of [current] insurance of the operator or the vehicle in the vehicle.

      (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department [proof of security.] the evidence of insurance.

      (d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.

      2.  A person shall not operate the motor vehicle of another person unless:

      (a) He first ensures that the required evidence of [current proof of financial responsibility] insurance is present in the motor vehicle; or

      (b) He has his own [proof of financial responsibility] evidence of insurance which covers him as the operator of the motor vehicle.

      3.  Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the [required proof of financial responsibility is obtained] person obtains a motor vehicle liability policy not later than 30 days after the fine is imposed [.] , unless:

      (a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or

      (b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.

      4.  A court:

      (a) Shall not fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the [proof of financial responsibility] insurance required by NRS 485.185 was in effect at the time demand was made for it.

      (b) Except as otherwise provided in paragraph (a), may impose a fine of $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the fine on the condition that the person presents proof to the court each month for 12 months that the [security] insurance required by NRS 485.185 is currently in effect.


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ê1995 Statutes of Nevada, Page 2736 (Chapter 715, SB 322)ê

 

each month for 12 months that the [security] insurance required by NRS 485.185 is currently in effect.

      5.  [Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.

      6.] The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.

      Sec. 19.  NRS 485.200 is hereby amended to read as follows:

      485.200  1.  The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:

      (a) To the operator or owner if he had in effect at the time of the accident a motor vehicle liability policy with respect to the motor vehicle involved in the accident;

      (b) To the operator if there was in effect at the time of the accident a motor vehicle liability policy [or bond] with respect to his operation of any motor vehicle;

      (c) To the operator or owner if his liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or a bond;

      (d) To any person qualifying as a self-insurer [under] pursuant to NRS 485.380, or to any person operating a motor vehicle for the self-insured;

      (e) To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the operator or owner;

      (f) To the operator or the owner of a motor vehicle legally parked at the time of the accident;

      (g) To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating the motor vehicle without permission; or

      (h) If, before the date that the division would otherwise suspend the license and registration or nonresident’s operating privilege [under] pursuant to NRS 485.190, there is filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.

      2.  An owner who is not the operator of the motor vehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if he holds a motor vehicle liability policy [of liability insurance] which provides coverage only when he is operating the motor vehicle and, at the time of the accident, another person is operating the motor vehicle with the express or implied permission of the owner.


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ê1995 Statutes of Nevada, Page 2737 (Chapter 715, SB 322)ê

 

      Sec. 20.  NRS 485.210 is hereby amended to read as follows:

      485.210  [No] For the purposes of NRS 485.200, a policy or bond is not effective [under NRS 485.190] unless:

      1.  The policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $15,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of not less than $30,000 because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000 because of injury to or destruction of property of other in any one accident; and

      2.  The insurance company or surety company issuing that policy or bond is authorized to do business in this state or, if the company is not authorized to do business in this state, unless it executes a power of attorney authorizing the director to accept service on its behalf of notice or process in any action upon that policy or bond arising out of an accident.

      Sec. 21.  NRS 485.220 is hereby amended to read as follows:

      485.220  1.  The security required [under NRS 485.185] pursuant to NRS 485.190 to 485.300, inclusive, must be in such a form and amount as the division may require, but in no case in excess of the limits specified in NRS 485.210 in reference to the acceptable limits of a policy or bond.

      2.  The person depositing the security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while the deposit is in the custody of the division or the state treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons , [;] but a single deposit of security is applicable only on behalf of persons required to furnish security because of the same accident.

      Sec. 22.  NRS 485.240 is hereby amended to read as follows:

      485.240  1.  If the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, or is a nonresident, he must not be allowed a license or registration until he has complied with the requirements of NRS [485.185] 485.190 to 485.300, inclusive, to the same extent that would be necessary if, at the time of the accident, he had held a license and registration.

      2.  When a nonresident’s operating privilege is suspended pursuant to NRS 485.190 or 485.230, the division shall transmit a certified copy of the record of that action to the official in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of that state provides for action in relation thereto similar to that provided for in subsection 3.

      3.  Upon receipt of a certification that the operating privilege of a resident of this state has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the division to suspend a nonresident’s operating privilege had the accident occurred in this state, the division shall suspend the license of the resident if he was the operator, and all of his registrations if he was the owner of a motor vehicle involved in that accident.


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ê1995 Statutes of Nevada, Page 2738 (Chapter 715, SB 322)ê

 

The suspension must continue until the resident furnishes evidence of his compliance with the law of the other state relating to the deposit of such security.

      Sec. 23.  NRS 485.260 is hereby amended to read as follows:

      485.260  Security deposited [in compliance with] pursuant to the requirements of NRS [485.185] 485.190 to 485.300, inclusive, must be placed by the division in the custody of the state treasurer.

      Sec. 24.  NRS 485.300 is hereby amended to read as follows:

      485.300  Any action taken by the division pursuant to NRS [485.185] 485.190 to 485.300, inclusive, the findings, if any, of the division upon which the action is based [,] and the security filed [as provided in NRS 485.185] pursuant to NRS 485.190 to 485.300, inclusive, are privileged against disclosure at the trial of any action at law to recover damages.

      Sec. 25.  NRS 485.302 is hereby amended to read as follows:

      485.302  1.  The division, upon the receipt of a certified copy of a judgment, shall [forthwith] suspend the license, all registrations and any nonresident’s operating privilege of any person against whom the judgment was rendered, except as otherwise provided in this section and in NRS 485.305.

      2.  If the judgment creditor consents in writing, in such a form as the division may prescribe, that the judgment debtor be allowed a license and registration or nonresident’s operating privilege, it may be allowed by the division [for 6 months after the date of the consent and thereafter] until the consent is revoked in writing , notwithstanding default in the payment of the judgment [,] or of any installments thereof prescribed in NRS 485.305, if the judgment debtor furnishes proof of financial responsibility as provided in NRS 485.307. The debtor shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license [in accordance with] pursuant to the provisions of this chapter. If he fails to do so , the division shall suspend [the] his license and registrations.

      Sec. 26.  NRS 485.307 is hereby amended to read as follows:

      485.307  1.  Proof of financial responsibility , when required [under this chapter] pursuant to this Title, may be given by filing:

      (a) A certificate of [insurance] financial responsibility as provided in NRS 485.308 or 485.309; or

      (b) [A bond as provided in NRS 485.3094;

      (c) A certificate of deposit of money or securities as provided in NRS 485.3095; or

      (d)] A certificate of self-insurance, as provided in NRS 485.380, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner’s policy of liability insurance if it had issued such a policy to the self-insurer.

      2.  [If the department suspends a license or registration pursuant to NRS 485.010 to 485.3099, inclusive, and proof of financial responsibility is a condition of reinstatement, no motor vehicle may be or continue to be registered in the name of the person whose license or registration was suspended unless proof of financial responsibility is furnished by that person.


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ê1995 Statutes of Nevada, Page 2739 (Chapter 715, SB 322)ê

 

      3.] Whenever the department restores a license, permit or privilege of driving a vehicle in this state which has been revoked, no motor vehicle may be or continue to be registered in the name of the person whose license, permit or privilege was revoked unless proof of financial responsibility is furnished by that person.

      Sec. 27.  NRS 485.308 is hereby amended to read as follows:

      485.308  1.  Proof of financial responsibility may be furnished by filing with the division the written certificate of any insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify its effective date and:

      (a) If the policy is an owner’s policy of liability insurance, designate by appropriate reference all motor vehicles covered by it; or

      (b) If the policy is an operator’s policy of liability insurance, designate the person covered.

      2.  The department may authorize the filing of the certificates described in subsection 1 by electronic transmission or any other means deemed appropriate by the department.

      3.  An insurance carrier that certifies the existence of a motor vehicle liability policy pursuant to subsection 1, must notify the division at least 10 days before the cancellation or termination of the [insurance] policy.

      Sec. 28.  NRS 485.3099 is hereby amended to read as follows:

      485.3099  1.  The division shall upon request consent to the immediate cancellation of any [bond or certificate of insurance, or the division shall direct and the state treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof] certificate of financial responsibility, or the division shall waive the requirement of filing proof [,] of financial responsibility, in any of the following events:

      (a) At any time after 3 years from the date [such proof] the proof of financial responsibility was required when, during the 3-year period preceding the request, the division has not received a record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration or nonresident’s operating privilege of the person by or for whom [such proof] the proof of financial responsibility was furnished;

      (b) In the event of the death of the person on whose behalf [such proof] the proof of financial responsibility was filed or the permanent incapacity of [such] the person to operate a motor vehicle; or

      (c) If the person who [has given proof] is required to file proof of financial responsibility surrenders his license and registration to the division . [,

but the division shall not consent to the cancellation of any bond or the return of any money or securities if any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied or if the person who has filed such bond or deposited such money or securities has, within 1 year immediately preceding such request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he has been released from all of his liability, or has been finally adjudicated not to be liable for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the division.


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ê1995 Statutes of Nevada, Page 2740 (Chapter 715, SB 322)ê

 

such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the division.

      2.  Whenever any person whose proof has been canceled or returned under]

      2.  If a person who surrenders his license and registration pursuant to paragraph (c) of subsection 1 applies for a license or registration within a period of 3 years [from] after the date proof of financial responsibility was originally required, [any such application shall] the application must be refused unless the applicant [shall reestablish such proof] reestablishes proof of financial responsibility for the remainder of [such] the 3-year period.

      Sec. 29.  NRS 485.313 is hereby amended to read as follows:

      485.313  [1.] The department [of motor vehicles and public safety] shall create a system for verifying that the owners of motor vehicles maintain the [proof of financial responsibility] insurance required by NRS 485.185.

      [2.  If the director determines that it is necessary to contract with a nongovernmental agent to develop and maintain the data base of the records submitted by insurers pursuant to NRS 485.314 and the names submitted by the division pursuant to NRS 485.315, the director shall take such actions as are necessary to do so.]

      Sec. 30.  NRS 485.314 is hereby amended to read as follows:

      485.314  1.  On or before the [seventh] 15th calendar day of each month, each insurer that has executed a contract of insurance for a motor vehicle liability policy which may be used [as proof of financial responsibility] to meet the requirements of NRS 485.185 shall provide the department [or its designated agent] with a record of each such policy in effect or terminated in the previous month on the date the record is provided. The record must include:

      (a) The name and identification number of each insured named in the policy of insurance;

      (b) The make, year and vehicle identification number of each motor vehicle included in the policy of insurance; [and]

      (c) The number, effective date and expiration date of the policy of insurance [.] ; and

      (d) Any other information required by the department.

      2.  The record provided pursuant to subsection 1 must be submitted in a form approved by the department and may include, without limitation, magnetic tape or any other electronic medium deemed acceptable by the department.

      Sec. 31.  NRS 485.316 is hereby amended to read as follows:

      485.316  1.  Except as otherwise provided in subsections 2 and 3, information which is maintained in the data base created pursuant to NRS 485.313 is confidential.

      2.  The department [or its designated agent] may only disclose information which is maintained in the data base, upon request, to a state or local governmental agency for the purpose of enforcing NRS 485.185, including investigating or litigating a violation or alleged violation.

      3.  The department may only disclose information retrieved from the data base to:

      (a) A person who requests information regarding his own status;


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ê1995 Statutes of Nevada, Page 2741 (Chapter 715, SB 322)ê

 

      (b) The parent or legal guardian of the person about whom the information is requested if the person is an unemancipated minor or legally incapacitated;

      (c) A person who has a power of attorney from the person about whom the information is requested;

      (d) A person who submits a notarized release from the person about whom the information is requested which is dated no more than 90 days before the date of the request; or

      (e) A person who has suffered a loss or injury in an accident involving a motor vehicle who requests information for use in the accident report.

      4.  A person who knowingly violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 32.  NRS 485.317 is hereby amended to read as follows:

      485.317  1.  The department [or its designated agent] shall, at least monthly, compare the current registrations of motor vehicles to the information in the data base created pursuant to NRS 485.313 to verify that all owners of registered motor vehicles have maintained the [proof of financial responsibility] insurance required by NRS 485.185.

      2.  The department shall mail a form for verification to each registered owner that it determines has not maintained [proof of financial responsibility] the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owner’s or operator’s policy of liability insurance [,] or a certificate of self-insurance, and return the completed form within 10 days after the date on which the form was mailed by the department.

      3.  When the department receives a completed form for verification it shall verify the information on the form.

      4.  The department shall suspend the registration of the vehicle and require the return to the department of the license plates of any vehicle for which a form for verification is:

      (a) Not returned to the department by the registered owner within 10 days;

      (b) Returned by the registered owner and the department is not able to verify the information on the form; or

      (c) Returned by the registered owner with an admission of no [coverage] insurance or without indicating an insurer or the number of a motor vehicle liability policy [.] or a certificate of self-insurance.

      5.  If an owner who did not return a completed form for verification within the specified period:

      (a) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;

      (b) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and

      (c) Presents evidence of current insurance,

the department shall rescind its suspension of the registration if it is able to verify the information on the form. For the purposes of this subsection, “justifiable cause” may include the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.

      6.  Except as otherwise provided in subsection 7, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of [a] the vehicle and reissue the license plates only upon filing by the registered owner of [proof of financial responsibility for a period of 3 years.]


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ê1995 Statutes of Nevada, Page 2742 (Chapter 715, SB 322)ê

 

shall reinstate the registration of [a] the vehicle and reissue the license plates only upon filing by the registered owner of [proof of financial responsibility for a period of 3 years.] evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection 4 of NRS 482.480.

      7.  If a registered owner:

      (a) Proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date on which the information provided pursuant to NRS 485.314 [and 485.315] indicated that there was no [proof of financial responsibility] insurance for the vehicle; or

      (b) Who did not return a completed form for verification within the period specified in subsection 2 subsequently proves to the satisfaction of the department that his vehicle was insured on the date stated in the form mailed by the department pursuant to subsection 2 , [and] presents to the department evidence of current insurance [,] and pays the fee for reinstatement of registration prescribed in paragraph (b) of subsection 4 of NRS 482.480,

the department shall [not require him to file proof of financial responsibility pursuant to subsection 6 as a prerequisite to reinstating] reinstate his registration and [reissuing] reissue his license plates.

      Sec. 33.  NRS 485.318 is hereby amended to read as follows:

      485.318  An insurer, its agents, the department and its employees who act pursuant to NRS [485.312] 485.313 to 485.318, inclusive, in good faith and without gross negligence are immune from civil liability for those acts.

      Sec. 34.  NRS 485.326 is hereby amended to read as follows:

      485.326  1.  The department shall suspend the [:

      (a) License] license of any person convicted of violating the provisions of paragraph (a) of subsection 1 of NRS 485.187 . [; and

      (b) Registration of the vehicle for which the person failed to provide evidence of security.]

      2.  Any license [or registration] suspended pursuant to subsection 1 must remain suspended until the person shows proof of financial responsibility as set forth in NRS 485.307. The person shall maintain proof of financial responsibility for 3 years after the reinstatement of his license [and registration in accordance with] pursuant to the provisions of this chapter, and if he fails to do so, the division shall suspend any license [or registration] previously suspended pursuant to subsection 1.

      Sec. 35.  NRS 485.330 is hereby amended to read as follows:

      485.330  Any person whose license or registration or nonresident’s operating privilege has been suspended [or revoked under] pursuant to this chapter and who, during [such suspension or revocation,] the suspension, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by [such person] him to be operated by another person upon any highway, except as permitted [under] pursuant to this chapter, [shall be] is guilty of a misdemeanor.

      Sec. 36.  NRS 485.350 is hereby amended to read as follows:

      485.350  Any person who:

      1.  Forges, materially alters or, without authority, signs any [notice provided for under this chapter that a policy or bond is in effect, or any evidence of] policy of insurance, certificate of self-insurance, proof of financial responsibility [;] , evidence of insurance or other document required pursuant to this chapter;

 


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ê1995 Statutes of Nevada, Page 2743 (Chapter 715, SB 322)ê

 

responsibility [;] , evidence of insurance or other document required pursuant to this chapter;

      2.  Files or offers for filing any [such notice or evidence of proof] policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document knowing or having reason to believe that it is forged, altered or signed without authority; or

      3.  Misrepresents the validity of any policy [, bond or other evidence] of insurance, certificate of self-insurance, proof of financial responsibility [required under] , evidence of insurance or other document required pursuant to this chapter,

is guilty of a misdemeanor.

      Sec. 37.  NRS 485.380 is hereby amended to read as follows:

      485.380  1.  Any person in whose name more than 10 motor vehicles are registered in the State of Nevada may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the division as provided in subsection 2.

      2.  The division may, upon the application of such a person, issue a certificate of self-insurance when [it] :

      (a) It is satisfied that he possesses and will continue to possess the ability to pay judgments obtained against him [.] ; and

      (b) The person provides security to satisfy judgments against him in an amount prescribed by regulation of the department.

      3.  The certificate of self-insurance must include:

      (a) The name and address of the self-insurer;

      (b) The expiration date of the self-insurance; and

      (c) The statements:

             (1) “Self-insured”; and

             (2) “This certificate of self-insurance or a photocopy thereof must be carried in the motor vehicle which is self-insured for production on demand.”

      4.  Upon not less than 5 days’ notice and a hearing pursuant to the notice, the division may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after it becomes final constitutes a reasonable ground for the cancellation of a certificate of self-insurance.

      5.  The department shall adopt regulations which set forth the amount of security which must be provided by a self-insurer pursuant to subsection 2.

      Sec. 38.  NRS 690B.023 is hereby amended to read as follows:

      690B.023  If [security] insurance for the operation of a motor vehicle required pursuant to NRS 485.185 is provided by a contract of insurance, the insurer shall:

      1.  Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must include:

      (a) The name and address of the policyholder;

      (b) The name and address of the insurer;

      (c) The year, make and complete identification number of the insured vehicle or vehicles;

      (d) The term of the insurance, including the day, month and year on which the policy:

             (1) Becomes effective; and


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ê1995 Statutes of Nevada, Page 2744 (Chapter 715, SB 322)ê

 

             (2) Expires;

      (e) The number of the policy;

      (f) A statement that the coverage meets the requirements set forth in NRS 485.185; and

      (g) The statement “This card must be carried in the insured motor vehicle for production upon demand.” The statement must be prominently displayed.

      2.  Provide new evidence of insurance if:

      (a) The information regarding the insured vehicle or vehicles required pursuant to paragraph (c) of subsection 1 no longer is accurate;

      (b) An additional motor vehicle is added to the policy;

      (c) A new number is assigned to the policy; or

      (d) The insured notifies the insurer that the original evidence of insurance has been lost.

      Sec. 39.  NRS 485.306, 485.3094, 485.3095, 485.3096, 485.3097, 485.312 and 485.315 are hereby repealed.

 

________

 

 

CHAPTER 716, SB 333

Senate Bill No. 333–Committee on Finance

CHAPTER 716

AN ACT relating to state employees; authorizing the reimbursement of certain peace officers employed by the state for required clothing and accessories damaged in the performance of their duties; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      In addition to the compensation required by NRS 281.121, a state agency that employs a person:

      1.  Upon whom some or all of the powers of a peace officer are conferred pursuant to subsection 1 of NRS 281.0317, subsection 1 of NRS 281.0325 or subsection 2 of NRS 281.0335; and

      2.  Who is required to purchase and wear his own uniform or other clothing, accessories or safety equipment while performing his duties for the state as a peace officer,

may, after first obtaining the written approval of the director of the department of administration, reimburse that person for the cost to repair or replace his required uniform or other clothing, accessories or safety equipment if it is damaged or destroyed, by means other than ordinary wear and tear, while he is performing his duties for the state as a peace officer.

 

________


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ê1995 Statutes of Nevada, Page 2745ê

 

CHAPTER 717, SB 338

Senate Bill No. 338–Committee on Taxation

CHAPTER 717

AN ACT relating to the supplemental vehicle privilege tax; authorizing a county to use the proceeds from the tax to purchase certain residential real property adversely affected by the construction of a highway with limited access and to pay the costs of moving certain persons from their primary residences; providing for the disposition of property so purchased; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 371 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A county may use the proceeds of the tax imposed pursuant to NRS 371.045, or of bonds, notes or other obligations incurred to which the proceeds of those taxes are pledged to finance a project related to the construction of a highway with limited access, to:

      (a) Purchase residential real property which abuts a highway with limited access and which is adversely affected by the highway. Not more than 1 percent of the proceeds of the tax may be used for this purpose.

      (b) Pay for the cost of moving persons whose primary residences are condemned for a right of way for a highway with limited access and who qualify for such payments. The board of county commissioners shall, by ordinance, establish the qualifications for receiving payments for the cost of moving pursuant to this paragraph.

      2.  A county may, in accordance with NRS 244.265 to 244.296, inclusive, dispose of any residential real property purchased pursuant to this section, and may reserve and except easements, rights or interests related thereto, including, but not limited to:

      (a) Abutter’s rights of light, view or air.

      (b) Easements of access to and from abutting land.

      (c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.

      3.  Proceeds from the sale or lease of residential real property acquired pursuant to this section must be used for the purposes set forth in NRS 371.045.

      4.  For the purposes of this section, residential real property is adversely affected by a highway with limited access if the construction or proposed use of the highway:

      (a) Constitutes a taking of all or any part of the property, or interest therein;

      (b) Lowers the value of the property; or

      (c) Constitutes a nuisance.

      5.  As used in this section:

      (a) “Highway with limited access” means a divided highway for through traffic with full control of access and with grade separations at intersections.


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ê1995 Statutes of Nevada, Page 2746 (Chapter 717, SB 338)ê

 

      (b) “Primary residence” means a dwelling, whether owned or rented by the occupant, which is the sole principal place of residence of that occupant.

      (c) “Residential real property” means a lot or parcel of not more than 1.5 acres upon which a single-family or multifamily dwelling is located.

      Sec. 2.  NRS 371.045 is hereby amended to read as follows:

      371.045  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental privilege tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

      (a) A vehicle exempt from the motor vehicle privilege tax pursuant to this chapter; or

      (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

      2.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710, 365.203 or 377A.020, or any combination thereof.

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

      4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

      5.  Except as otherwise provided in subsection 6 [,] and section 1 of this act, the county shall use the proceeds of the tax to pay the cost of:

      (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, streets projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the county or within 1 mile outside those boundaries if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county;

      (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

      (c) Any combination of those uses.

      6.  The county may expend the proceeds of the supplemental privilege tax authorized by this section [,] and section 1 of this act, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.


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ê1995 Statutes of Nevada, Page 2747 (Chapter 717, SB 338)ê

 

county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.

      7.  As used in this section, “based” has the meaning ascribed to it in NRS 482.011.

      Sec. 3.  NRS 244.281 is hereby amended to read as follows:

      244.281  Except as otherwise provided in NRS 244.279 and 244.288:

      1.  When a board of county commissioners has determined by resolution that the sale or exchange of any real property owned by the county will be for purposes other than to realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, within the county and will be in the best interest of the county, it may:

      (a) Sell the property at public auction, in the manner prescribed for the sale of real property in NRS 244.282.

      (b) Sell the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which must not exceed the normal commissions prevailing in the community at the time.

      (c) Exchange the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.

      2.  Before the board of county commissioners may sell or exchange any real property as provided in paragraphs (b) and (c) of subsection 1, it shall publish a notice of its intention to sell or exchange once a week for 3 weeks in a newspaper qualified under chapter 238 of NRS. In case of:

      (a) A sale, the notice must state the name of the licensed real estate broker handling the sale and invite interested persons to negotiate with him.

      (b) An exchange, the notice must call for offers of cash or exchange. The commission shall accept the highest and best offer.

      3.  If the board of county commissioners by its resolution further finds that the property to be sold is worth more than $1,000, the board shall appoint one or more disinterested, competent real estate appraisers to appraise the property, and , except for property acquired pursuant to section 1 of this act, shall not sell or exchange it for less than the appraised value.

      4.  If the property is appraised at $1,000 or more, the board of county commissioners may sell it either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.

      Sec. 4.  NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.


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ê1995 Statutes of Nevada, Page 2748 (Chapter 717, SB 338)ê

 

      2.  Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 [.] and section 1 of this act.

      3.  The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county’s general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  An amount equal to any basic privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

      5.  Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

      6.  The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

      Sec. 5.  Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 2749ê

 

CHAPTER 718, SB 344

Senate Bill No. 344–Committee on Commerce and Labor

CHAPTER 718

AN ACT relating to the practice of chiropractic; revising the requirements for continuing education; establishing a fee for the reinstatement of a certificate as a chiropractor’s assistant which has been suspended; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 634.080 is hereby amended to read as follows:

      634.080  1.  An applicant for examination must file an application not less than 60 days before the date of the examination.

      2.  An application must be filed with the secretary of the board on a form to be furnished by the secretary.

      3.  An application must be verified and must state : [the following:]

      (a) When and where the applicant was born , [and] the various places of his residence [, and must give at least two references in each place in which he has resided since attaining the age of 21 years.] during the 5 years immediately preceding the making of the application and the address to which he wishes the department to mail his license.

      (b) The name, age [, sex and place of residence] and sex of the applicant.

      (c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.

      (d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.

      (e) [If the applicant is a naturalized citizen, and when and where naturalized.] Whether the applicant is a citizen of the United States or lawfully entitled to remain and work in the United States.

      (f) [How long the applicant has resided in this state and whether the applicant is a bona fide resident of this state.

      (g)] Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against him. Such an applicant must also attach a certificate of the secretary of the chiropractic board of the state in which the applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.

      [(h)] (g) The applicant’s general and chiropractic education, including the schools attended and the time of attendance at each school, and whether he is a graduate of any school or schools.

      (h) The names of:

             (1) Two persons who have known the applicant for at least 3 years; and

             (2) A person who is a chiropractor licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.


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ê1995 Statutes of Nevada, Page 2750 (Chapter 718, SB 344)ê

 

      Sec. 2.  NRS 634.121 is hereby amended to read as follows:

      634.121  1.  Any person who holds a license to practice chiropractic in this state but who does not maintain an active practice in this state may maintain his license on inactive status by notifying the board and paying the required fee.

      2.  An applicant to have an inactive license restored to active status [shall:] must:

      (a) Submit satisfactory evidence to the board that he has maintained an active practice in another state, territory or country within the preceding 5 years;

      (b) Submit satisfactory evidence to the board from all other licensing agencies from whom he has a license that he is in good standing and has no legal actions pending against him;

      (c) Submit satisfactory evidence to the board that he has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he seeks to go on active status; and

      (d) Pay the required fee.

      3.  If any of the conditions of paragraphs (a) to (d), inclusive, of subsection 2 are not met by an applicant for active status, the board shall hold a hearing to determine the applicant’s professional competency and fitness and may require the applicant to pass the National Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners before placing the license on active status.

      Sec. 3.  NRS 634.130 is hereby amended to read as follows:

      634.130  1.  Licenses and certificates must be renewed annually. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee, be granted a renewal certificate which authorizes him to continue to practice for 1 year.

      2.  Each renewal fee must be paid to the board on or before January 1 of the year to which it applies.

      3.  [A] Except as otherwise provided in subsection 4, a licensee in active [or part-time] practice within this state must submit satisfactory proof to the board that he has attended at least [one 2-day educational seminar of at least] 12 hours of continuing education which is approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from [attending the required educational seminar] completing the requirements for continuing education during the 12 months immediately preceding the renewal date of his license.

      4.  A licensee is not required to comply with the requirements of subsection 3 until the calendar year after the year the board issues to him an initial license to practice as a chiropractor in this state.

      5.  If a licensee fails to pay his renewal fee by January 1, fails to submit proof of continuing education pursuant to subsection 3 or fails to notify the board of a change in the location of his office pursuant to NRS 634.129, his license is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.


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ê1995 Statutes of Nevada, Page 2751 (Chapter 718, SB 344)ê

 

license is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

      6.  If a holder of a certificate as a chiropractor’s assistant fails to pay his renewal fee by January 1 or fails to notify the board of a change in the location of his office pursuant to NRS 634.129, his certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

      Sec. 4.  NRS 634.135 is hereby amended to read as follows:

      634.135  1.  The board may charge and collect fees not to exceed:

 

For an application for a license to practice chiropractic......          $200.00

For an examination for a license to practice chiropractic.....            200.00

For an application for, and the issuance of, a certificate as a chiropractor’s assistant.........................................................................            100.00

For an examination for a certificate as a chiropractor’s assistant              .............................................................................. 100.00

For the issuance of a license to practice chiropractic..........            300.00

For the annual renewal of a license to practice chiropractic...................... .............................................................................. 300.00

For the annual renewal of an inactive license to practice chiropractic     .............................................................................. 100.00

For the annual renewal of a certificate as a chiropractor’s assistant        ................................................................................ 50.00

For the restoration to active status of an inactive license to practice chiropractic....................................................................            300.00

For reinstating a license to practice chiropractic which has been suspended or revoked [, or which has lapsed] ............................            500.00

For reinstating a certificate as a chiropractor’s assistant which has been suspended pursuant to NRS 634.130.......................           100.00

For a review of any subject on the examination....................              25.00

For the issuance of a duplicate license or for changing the name on a license.............................................................................              35.00

For written certification of licensure.......................................              25.00

For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic              25.00

For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the board to a person who is not licensed to practice chiropractic......................              10.00

For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this state    ................................................................................ 35.00

For a check made payable to the board that is dishonored upon presentation for payment............................................. 25.00 For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this state to a person who is not licensed to practice chiropractic................................................         25.00

 


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ê1995 Statutes of Nevada, Page 2752 (Chapter 718, SB 344)ê

 

For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this state to a person who is not licensed to practice chiropractic.................................              25.00

For each page of a list of continuing education courses that have been approved by the board.................................................                  .50

For an application to a preceptor program offered by the board to graduates of chiropractic schools or colleges..........              35.00

For a review by the board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic         ................................................................................ 10.00

 

      2.  In addition to the fees set forth in subsection 1, the board may charge and collect reasonable and necessary fees for any other service it provides.

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

 

________

 

 

CHAPTER 719, SB 361

Senate Bill No. 361–Senator Titus

CHAPTER 719

AN ACT relating to manufactured housing; requiring the landlord of a mobile home park to issue a receipt for the payment of rent at the request of a tenant; requiring a rental agreement or lease for the rental or lease of any mobile home lot to be in writing; requiring a landlord to hold a meeting with tenants before he may adopt a new or amended rule or regulation of the mobile home park; prohibiting a landlord from requiring a tenant to make additions to his mobile home which are not required by an ordinance of a local government; requiring that the definition of “single-family residence” in ordinances relating to the zoning of land include factory-built housing; repealing the requirements for initial and continuing education for certain persons who are licensed by the manufactured housing division of the department of business and industry; and providing other matters properly relating thereto.

 

[Approved July 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Capital improvement” means an addition or betterment made to a mobile home park that:

      1.  Consists of more than the repair or replacement of an existing facility;

      2.  Is required by law to be amortized over its useful life for the purposes of income tax; and

      3.  Has a useful life of 5 years or more.

      Sec. 3.  Upon payment of the periodic rent by a tenant of a mobile home park, the landlord of that park shall, upon request, issue to the tenant a receipt which indicates the amount and the date of the payment. The landlord shall issue the receipt as soon as practicable after payment, but not later than 5 days after he receives payment.


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ê1995 Statutes of Nevada, Page 2753 (Chapter 719, SB 361)ê

 

shall issue the receipt as soon as practicable after payment, but not later than 5 days after he receives payment.

      Sec. 4.  NRS 118B.040 is hereby amended to read as follows:

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

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

      (a) The duration of the agreement.

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

      (c) Restrictions on occupancy by children or pets.

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

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

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

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

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

      [(i)] (h) Any restrictions on subletting.

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

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

      [(l)] (j) Any restriction of the park to older persons pursuant to federal law.

      [(m)] (k) The dimensions of the mobile home lot of the tenant.

      (l) The amount to be charged each month to the tenant to reimburse the landlord for the cost of a capital improvement to the mobile home park. Such an amount must be stated separately and include the length of time the charge will be collected and the total amount to be recovered by the landlord from all tenants in the mobile home park.

      Sec. 5.  NRS 118B.100 is hereby amended to read as follows:

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

      2.  All such rules or regulations must be:

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

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

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

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

 


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ê1995 Statutes of Nevada, Page 2754 (Chapter 719, SB 361)ê

 

specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and

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

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

      4.  Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days’ notice of it in writing. The landlord may not adopt or amend a rule or regulation of the park unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposed adoption or amendment of the rule or regulation. A notice in a periodic publication of the park does not [meet the requirement for notice under this subsection.] constitute notice for the purposes of this subsection.

      5.  A rule or regulation pertaining to recreational facilities in the mobile home park must be in writing to be enforceable.

      6.  As used in this section, “capital improvement” means an addition or betterment made to a mobile home located on a lot in a mobile home park which is leased by the landlord that:

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

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

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

      Sec. 6.  NRS 118B.110 is hereby amended to read as follows:

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

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

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


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ê1995 Statutes of Nevada, Page 2755 (Chapter 719, SB 361)ê

 

      4.  If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.

      Sec. 7.  NRS 118B.120 is hereby amended to read as follows:

      118B.120  1.  The landlord or his agent or employee may:

      (a) Require that the tenant landscape and maintain the tenant’s lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.

      (b) [By prior written agreement,]