Link to Page 712

 

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ê1999 Statutes of Nevada, Page 713 (Chapter 109, AB 138)ê

 

casualty such assistance as may be practicable and as may be necessary to save them from or minimize any danger caused by the casualty, and shall give his name, address and the identification of his vessel in writing to any person injured and to the owner of any property damaged in the casualty.

    2.  In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the casualty results in death or injury to a person or damage to property in excess of [$200,] $500, shall file with the division of wildlife of the state department of conservation and natural resources a full description of the casualty, including , without limitation, such information as the commission may, by regulation, require.

    3.  Upon receipt of a claim under a policy of insurance with respect to a collision, accident or other casualty for which a report is required by subsection 2, the insurer shall provide written notice to the insured of his responsibility pursuant to subsection 2 to file with the division of wildlife a full description of the casualty.

    4.  Upon receipt of a request for repair with respect to a collision, accident or other casualty for which a report is required by subsection 2, the person who repairs the vessel shall provide written notice to the person requesting the repairs of the requirement set forth in subsection 2 that the operator file with the division of wildlife a full description of the casualty.

    5.  The insurer and the person who repairs a vessel shall transmit a copy of each notice they provide pursuant to subsections 3 and 4, respectively, to the division of wildlife at the same time [it] the notice is provided to the insured or person requesting the repairs.

    6.  The division of wildlife shall investigate or cause to be investigated a collision, accident or other casualty involving a vessel which results in death or substantial bodily injury and shall gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty. The division of wildlife may investigate or cause to be investigated a collision, accident or other casualty involving a vessel which does not result in death or substantial bodily injury and may gather evidence to be used in the prosecution of a person charged with violating a law in connection with the collision, accident or other casualty.

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ê1999 Statutes of Nevada, Page 714ê

 

CHAPTER 110, AB 165

Assembly Bill No. 165–Assemblywoman Angle (by request)

 

CHAPTER 110

 

AN ACT relating to juveniles; requiring the court to order a child who injures another person, or the parent or guardian of the child, to provide restitution for medical expenses or to perform community service; revising the provisions governing the inspection of photographs of children; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 62.2245 is hereby amended to read as follows:

    62.2245  1.  [If a child is found to have committed an unlawful act in which the child damaged or destroyed the property of another person, in] In addition to any action ordered pursuant to the provisions of this chapter, the judge, or his authorized representative, shall order [the] a child who is found to have committed an unlawful act in which the child:

    (a) Caused physical injury to another person to provide restitution to that person for medical expenses incurred as the result of the act.

    (b) Damaged or destroyed the property of another person to provide restitution to the owner of the property.

    2.  If the child is not able to provide restitution, the judge, or his authorized representative, shall order the parent or guardian of the child to provide restitution , [to the owner of the property,] unless the judge, or his authorized representative, determines that extenuating circumstances exist.

    3.  If the child and his parent or guardian are unable to provide restitution because of financial hardship, the judge, or his authorized representative, shall order the child or his parent or guardian, or both, to perform community service.

    4.  The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.

    5.  The judge, or his authorized representative, may require the child or his parent or guardian, or both, to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the work is performed, unless, in the case of industrial insurance, it is provided by the authority for which the work is performed.

    6.  As used in this section, “property” includes real or personal property.

    Sec. 2.  NRS 62.350 is hereby amended to read as follows:

    62.350  1.  The fingerprints of a child must be taken if the child is in custody for an act that, if committed by an adult:

    (a) Would be a felony, a gross misdemeanor or a sexual offense; or

    (b) Would be a misdemeanor, and the act involved:

         (1) The use or threatened use of force or violence against the victim; or


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ê1999 Statutes of Nevada, Page 715 (Chapter 110, AB 165)ê

 

         (2) The possession, use or threatened use of a firearm or a deadly weapon.

    2.  The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child for the purpose of making an immediate comparison with the latent fingerprints. If the comparison is:

    (a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

    (b) Positive, the fingerprint card and other copies of the fingerprints:

         (1) Must be delivered to the court for disposition if the child is referred to court.

         (2) May be immediately destroyed or may be retained for future use if the child is not referred to court.

    3.  Fingerprints that are taken from a child pursuant to the provisions of this section:

    (a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child, may petition the court for the removal of the fingerprints from any such local file or local system.

    (b) Must be submitted to the central repository for Nevada records of criminal history if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the central repository for any other act. The central repository shall retain the fingerprints of the child under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations and to officers and employees of the central repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

    (c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.

    4.  A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures which provide that [limit inspection of] the photographs [to law enforcement officers who are conducting] may be inspected only to conduct criminal investigations [.] and photographic lineups. If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.


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ê1999 Statutes of Nevada, Page 716 (Chapter 110, AB 165)ê

 

    5.  Any person who willfully violates any provision of this section is guilty of a misdemeanor.

    Sec. 3.  The amendatory provisions of section 1 of this act apply to offenses that are committed on or after October 1, 1999.

________

 

CHAPTER 111, AB 221

Assembly Bill No. 221–Assemblymen Anderson, Manendo, Buckley, Segerblom, Thomas, Evans, Bache, Freeman, Parnell, Koivisto, McClain, Claborn, Mortenson, de Braga, Chowning, Humke, Giunchigliani, Goldwater, Leslie, Brower, Beers, Nolan, Hettrick, Cegavske, Perkins, Lee, Neighbors, Berman, Gibbons, Price, Ohrenschall, Von Tobel, Parks, Williams and Dini

 

CHAPTER 111

 

AN ACT relating to children; providing that a child who allegedly commits an offense involving a firearm must be taken into custody and detained for certain periods and may be psychologically evaluated; requiring the juvenile court to order counseling or other psychological treatment for a child who commits an offense involving cruelty to an animal; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an offense that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.

    2.  If a child is taken into custody for an offense described in subsection 1, the child must not be released before a detention hearing is held pursuant to subsection 7 of NRS 62.170.

    3.  At a detention hearing held pursuant to subsection 7 of NRS 62.170 concerning a child who was taken into custody for an offense described in subsection 1, the judge or master shall determine whether to order the child to be evaluated by a qualified professional. If the judge or master orders a child to be evaluated by a qualified professional, the evaluation must be completed within 14 days after the detention hearing. Until the evaluation is completed, the child must be:

    (a) Detained at a facility for the detention of juveniles; or

    (b) Placed under a program of supervision in his home that may include electronic surveillance of the child.

    4.  If a child is evaluated by a qualified professional pursuant to subsection 3, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation conducted pursuant to subsection 3.


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ê1999 Statutes of Nevada, Page 717 (Chapter 111, AB 221)ê

 

criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation conducted pursuant to subsection 3.

    5.  As used in this section:

    (a) “Firearm” has the meaning ascribed to it in subsection 1 of NRS 202.253.

    (b) “Qualified professional” means:

         (1) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology, Inc.;

         (2) A psychologist licensed to practice in this state;

         (3) A social worker holding a master’s degree in social work and licensed in this state as a clinical social worker;

         (4) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or

         (5) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.

    Sec. 3.  1.  In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent for an act that involves cruelty to or torture of an animal, the court shall order the child to participate in counseling or other psychological treatment.

    2.  The court shall order the parent or guardian of the child, to the extent of his financial ability, to pay the cost of the child to participate in the counseling or other psychological treatment.

    3.  As used in this section, “animal,” “cruelty” and “torture” have the meanings ascribed to them in NRS 574.050.

    Sec. 4.  NRS 62.040 is hereby amended to read as follows:

    62.040  1.  Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

    (a) Concerning any child living or found within the county who is in need of supervision because he:

         (1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;

         (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is unmanageable; or

         (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

    (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.

    (c) Concerning any child in need of commitment to an institution for the mentally retarded.


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ê1999 Statutes of Nevada, Page 718 (Chapter 111, AB 221)ê

 

    2.  For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:

    (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.

    (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

         (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

         (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

    (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

         (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

         (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

    (d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

    3.  If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:

    (a) The restrictions set forth in subsection [4] 5 of NRS 62.170 are applicable in those proceedings; and

    (b) The child must be accompanied at all proceedings by a parent or legal guardian.

With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

    Sec. 5.  NRS 62.128 is hereby amended to read as follows:

    62.128  1.  A complaint alleging that a child is delinquent or in need of supervision must be referred to the probation officer of the appropriate county. The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public require that a petition be filed or would better be served by placing the child under informal supervision pursuant to NRS 62.129. If judicial action appears necessary, the probation officer may recommend the filing of a petition, but any petition must be prepared and signed by the district attorney before it is filed with the court. The decision of the district attorney on whether to file a petition is final.


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ê1999 Statutes of Nevada, Page 719 (Chapter 111, AB 221)ê

 

    2.  If the probation officer refuses to place the child under informal supervision or recommend the filing of a petition, the complainant must be notified by the probation officer of his right to a review of his complaint by the district attorney. The district attorney, upon request of the complainant, shall review the facts presented by the complainant and after consultation with the probation officer shall prepare, sign and file the petition with the court when he believes the action is necessary to protect the community or the interests of the child.

    3.  [When] Except as otherwise provided in section 2 of this act, if a child is in detention or shelter [care and the filing of the petition is not approved by the district attorney, the child must be immediately released.

    4.  When a child is in detention or shelter] care, the child must be immediately released if a petition alleging delinquency or need of supervision is not [filed] :

    (a) Approved by the district attorney; or

    (b) Filed within 8 days after the date the complaint was referred to the probation officer.

    [5.] 4.  Upon the filing of the petition, the judge or the master may, in addition to his other powers under this chapter:

    (a) Dismiss the petition without prejudice and refer a child to the probation officer for informal supervision pursuant to NRS 62.129; or

    (b) Place a child under the supervision of the court pursuant to a supervision and consent decree without a formal adjudication of delinquency, upon the recommendation of the probation officer, the written approval of the district attorney and the written consent and approval of the child and his parents or guardian, under the terms and conditions provided for in the decree. The petition may be dismissed upon successful completion of the terms and conditions of the supervision and consent decree, and the child may respond to any inquiry concerning the proceedings and events which brought about the proceedings as if they had not occurred. The records concerning a supervision and consent decree may be considered in a subsequent proceeding before the court regarding that child.

    Sec. 6.  NRS 62.170 is hereby amended to read as follows:

    62.170  1.  Except as otherwise provided in NRS 62.175 [, any] and section 2 of this act, a peace officer or probation officer may take into custody any child [who is found] :

    (a) Who the officer has probable cause to believe is violating or has violated any law , [or] ordinance or [whose] rule or regulation having the force of law; or

    (b) Whose conduct indicates that he is a child in need of supervision.

    2.  Except as otherwise provided in this section, section 2 of this act and NRS 484.383, [when] if a child is taken into custody [, the] :

    (a) The officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer [.] ; and

    (b) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, [or is otherwise provided in this section,] the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible.


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ê1999 Statutes of Nevada, Page 720 (Chapter 111, AB 221)ê

 

to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

    [2.  If the]

    3.  Except as otherwise provided in this section and section 2 of this act, if a child who is taken into custody is not released [, as provided in subsection 1, the] pursuant to subsection 2:

    (a) The child must be taken without unnecessary delay to [the] :

         (1) The court ; or [to the]

         (2) The place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court [.] ; and

    (b) Pending further disposition of the case , the court may order that the child [may be released] be:

         (1) Released to the custody of the parent or other person appointed by the court [, or may be detained] ;

         (2) Detained in such place as is designated by the court, subject to further order [. The court may authorize] of the court; or

         (3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

    [3.  A]

    4.  Except as otherwise provided in section 2 of this act, if a child is alleged to be delinquent or in need of supervision , the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

    (a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

    (b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

    (c) The child was brought to the probation officer pursuant to a court order or warrant; or

    (d) The child is a fugitive from another jurisdiction.

    [4.  A]

    5.  If a child is not alleged to be delinquent or in need of supervision , the child must not , at any time , be confined or detained in [a] :

    (a) A facility for the secure detention of juveniles ; or [any]

    (b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

    [5.  A child under]

    6.  If a child is less than 18 years of age , the child must not , at any time , be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or [under arrest and] charged with a crime, unless:

    (a) The child is alleged to be delinquent;

    (b) An alternative facility is not available; and

    (c) The child is separated by sight and sound from any adults who are confined or detained therein.


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ê1999 Statutes of Nevada, Page 721 (Chapter 111, AB 221)ê

 

    [6.  A]

    7.  If a child who is alleged to be delinquent [who] is taken into custody and detained , the child must be given a detention hearing, conducted by the judge or master:

    (a) Within 24 hours after the child submits a written application;

    (b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

    (c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

    (d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

    [7.] 8.  If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.

    [8.  A]

    9.  Except as otherwise provided in subsection 10, if a child who is alleged to be in need of supervision is taken into custody and detained , the child must [, if alleged to be a child in need of supervision,] be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, [except as otherwise provided in subsection 9 or] unless the court holds a detention hearing and determines the child:

    (a) Has threatened to run away from home or from the shelter;

    (b) Is accused of violent behavior at home; or

    (c) Is accused of violating the terms of his supervision and consent decree.

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

    [9.  A]

    10.  If a child who is alleged to be in need of supervision [who] is taken into custody and detained , the child need not be released [within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to a shelter for care,] pursuant to subsection 9, if the court holds a detention hearing and determines the child:


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ê1999 Statutes of Nevada, Page 722 (Chapter 111, AB 221)ê

 

pursuant to subsection 9, if the court holds a detention hearing and determines the child:

    (a) Is a ward of a federal court or held pursuant to federal statute;

    (b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

    (c) Is accused of violating a valid court order.

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

    [10.] 11.  During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile [division] court for temporary placement in a facility for the detention of juveniles.

    [11.] 12.  In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

    Sec. 7.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 8.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

________

 

CHAPTER 112, AB 262

Assembly Bill No. 262–Assemblymen Parks, Perkins, Bache, de Braga, Segerblom, Anderson, Neighbors, Thomas, Buckley, Lee, Arberry, Collins, Manendo, Williams, Cegavske, Beers, Brower, Tiffany, Gustavson, Chowning, Evans, Leslie, Koivisto, Freeman, Carpenter, Parnell, Gibbons, Goldwater, McClain, Dini, Nolan, Price, Berman, Von Tobel, Claborn, Mortenson, Giunchigliani, Humke and Hettrick

 

CHAPTER 112

 

AN ACT relating to juveniles; revising provisions concerning notification of a parent, guardian or custodian of a child who is taken into custody for committing an offense; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 62.040 is hereby amended to read as follows:

    62.040  1.  Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

    (a) Concerning any child living or found within the county who is in need of supervision because he:


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ê1999 Statutes of Nevada, Page 723 (Chapter 112, AB 262)ê

 

         (1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;

         (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is unmanageable; or

         (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

    (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.

    (c) Concerning any child in need of commitment to an institution for the mentally retarded.

    2.  For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:

    (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.

    (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

         (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

         (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

    (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

         (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

         (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

    (d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

    3.  If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:

    (a) The restrictions set forth in subsection [4] 5 of NRS 62.170 are applicable in those proceedings; and


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ê1999 Statutes of Nevada, Page 724 (Chapter 112, AB 262)ê

 

    (b) The child must be accompanied at all proceedings by a parent or legal guardian.

With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

    Sec. 2.  NRS 62.170 is hereby amended to read as follows:

    62.170  1.  Except as otherwise provided in NRS 62.175, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose conduct indicates that he is a child in need of supervision. Except as otherwise provided in NRS 484.383, when a child is taken into custody, the officer shall [immediately] , without undue delay, attempt to notify the parent, guardian or custodian of the child, if known . [, and] The facility in which the child is detained shall:

    (a) If notification by the officer was not accomplished, notify the parent, guardian or custodian of the child, if known, without undue delay; and

    (b) Notify the probation officer [.] of the child without undue delay.

    2.  Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

    [2.] 3.  If the child is not released [,] as provided in subsection [1,] 2, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court [,] and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case , the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order. The court may authorize supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

    [3.] 4.  A child alleged to be delinquent or in need of supervision must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

    (a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

    (b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

    (c) The child was brought to the probation officer pursuant to a court order or warrant; or

    (d) The child is a fugitive from another jurisdiction.

    [4.] 5.  A child not alleged to be delinquent or in need of supervision must not at any time be confined or detained in a facility for the secure detention of juveniles or any police station, lockup, jail, prison or other facility in which adults are detained or confined.


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

ê1999 Statutes of Nevada, Page 725 (Chapter 112, AB 262)ê

 

    [5.] 6.  A child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult convicted of a crime or under arrest and charged with a crime, unless:

    (a) The child is alleged to be delinquent;

    (b) An alternative facility is not available; and

    (c) The child is separated by sight and sound from any adults who are confined or detained therein.

    [6.] 7.  A child alleged to be delinquent who is taken into custody and detained must be given a detention hearing, conducted by the judge or master:

    (a) Within 24 hours after the child submits a written application;

    (b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

    (c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

    (d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

    [7.] 8.  If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.

    [8.] 9.  A child who is taken into custody and detained must, if alleged to be a child in need of supervision, be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, except as otherwise provided in subsection [9] 10 or unless the court holds a detention hearing and determines the child:

    (a) Has threatened to run away from home or from the shelter;

    (b) Is accused of violent behavior at home; or

    (c) Is accused of violating the terms of his supervision and consent decree.

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.


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

ê1999 Statutes of Nevada, Page 726 (Chapter 112, AB 262)ê

 

    [9.] 10.  A child alleged to be in need of supervision who is taken into custody and detained need not be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to a shelter for care, if the court holds a detention hearing and determines the child:

    (a) Is a ward of a federal court or held pursuant to federal statute;

    (b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

    (c) Is accused of violating a valid court order.

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

    [10.] 11.  During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the court pursuant to NRS 62.040, a child may petition the juvenile division for temporary placement in a facility for the detention of juveniles.

    [11.] 12.  In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

________

 

CHAPTER 113, AB 436

Assembly Bill No. 436–Assemblymen Berman, Carpenter, Leslie, Nolan, Segerblom, Beers, Gibbons, Marvel, Price, Ohrenschall, Von Tobel, Manendo, Collins, Parks, Arberry, Bache, Buckley, Tiffany, Hettrick, Brower and Humke

 

CHAPTER 113

 

AN ACT relating to children; making various changes concerning granting rights to visitation with a child to persons other than the parents of the child; repealing a duplicative provision concerning the rights of grandparents to visitation with a child; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 125A.330 is hereby amended to read as follows:

    125A.330  1.  Except as otherwise provided in subsection [2,] 3, if a parent of an unmarried minor child [is deceased or] :

    (a) Is deceased;

    (b) Is divorced or separated from the parent who has custody of the child [,] ;


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

ê1999 Statutes of Nevada, Page 727 (Chapter 113, AB 436)ê

 

    (c) Has never been legally married to the other parent of the child, but cohabitated with the other parent and is deceased or is separated from the other parent; or

    (d) Has relinquished his parental rights or his parental rights have been [relinquished or] terminated,

the district court in the county in which the child resides may grant to the great-grandparents and grandparents [, parents] of the child and to other children of either parent of the child a reasonable right to visit the child during his minority, if the court finds that the visits would be in the best interests of the child.

    2.  If the child has resided with a person with whom he has established a meaningful relationship, the court also may grant to that person a reasonable right to visit the child during his minority, regardless of whether the person is related to the child, if the court finds that the visits would be in the best interests of the child.

    3.  In determining whether to grant [this] a right to visitation to a petitioner [,] pursuant to subsection 1 or 2, the court shall consider:

    (a) The love, affection and other emotional ties existing between the party seeking visitation and the child.

    (b) The capacity and disposition of the party seeking visitation to:

         (1) Give the child love, affection and guidance [;] and serve as a role model to the child;

         (2) Cooperate in providing the child with food, clothing and other material needs during visitation; and

         (3) Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this state in lieu of health care.

    (c) The prior relationship between the child and the party seeking visitation [.] , including, without limitation, whether the child resided with the party seeking visitation and whether the child was included in holidays and family gatherings with the party seeking visitation.

    (d) The moral fitness of the party seeking visitation.

    (e) The mental and physical health of the party seeking visitation.

    (f) The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference.

    (g) The willingness and ability of the party seeking visitation to facilitate and encourage a close and continuing relationship between the child and the parent or parents [.] of the child as well as with other relatives of the child.

    (h) The medical and other needs of the child related to health as affected by the visitation.

    (i) The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child.

    (j) Any other factor considered relevant by the court to a particular dispute.

    [2.] 4.  If the parental rights of either or both natural parents of a child are relinquished or terminated, and the child is placed in the custody of a public agency or a private agency licensed to place children in homes, the district court in the county in which the child resides may grant to the great-grandparents and grandparents [, parents] of the child and to other children of either parent of the child a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which the parental rights are relinquished or terminated.


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

ê1999 Statutes of Nevada, Page 728 (Chapter 113, AB 436)ê

 

grandparents and grandparents [, parents] of the child and to other children of either parent of the child a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which the parental rights are relinquished or terminated. In determining whether to grant this right to a petitioner, the court must find that the visits would be in the best interests of the child in light of the considerations set forth in subsection [1.] 3.

    [3.] 5.  Rights to visit a child may be granted:

    (a) In a divorce decree;

    (b) In an order of separate maintenance; or

    (c) Upon a petition filed by an eligible person [after] :

         (1) After a divorce or separation or after the death of [the parent to whom the person was related,] a parent, or upon the relinquishment or termination of a parental right [.

    4.  Termination of the] ;

         (2) If the parents of the child were not legally married and were cohabitating, after the death of a parent or after the separation of the parents of the child; or

         (3) If the petition is based on the provisions of subsection 2, after the eligible person ceases to reside with the child.

    6.  If a court terminates the parental rights of a parent who is divorced or separated , [also terminates] any rights previously granted pursuant to subsection 1 [,] also must be terminated, unless the court finds that visits by those persons would be in the best interests of the child.

    [5.] 7.  For the purposes of this section, “separation” means [a] :

    (a) A legal separation or any other separation of a married couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship [.] ; or

    (b) If a couple was not legally married but cohabitating, a separation of the couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming cohabitation or entering into a marital relationship.

    Sec. 2.  NRS 125A.340 is hereby repealed.

________

 


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ê1999 Statutes of Nevada, Page 729ê

 

CHAPTER 114, AB 437

Assembly Bill No. 437–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 114

 

AN ACT relating to vessels; authorizing the administrator of the division of wildlife of the state department of conservation and natural resources to require reimbursement of certain expenses of the division associated with events involving vessels; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 488.305 is hereby amended to read as follows:

    488.305  1.  The division of wildlife of the state department of conservation and natural resources may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. The commission shall adopt regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.

    2.  [Whenever] At least 30 days before a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof [shall , at least 30 days prior thereto,] must file an application with the division of wildlife for permission to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition. [It may not] No such event may be conducted without the written authorization of the division of wildlife.

    3.  The administrator of the division of wildlife may require an applicant, or the sponsor of the event, as a condition of the approval of a regatta, motorboat or other boat race, marine parade, tournament or exhibition, to enter into an agreement to reimburse the division for expenses incurred by the division to ensure that the event is conducted safely, including, without limitation, expenses for equipment used, expenses for personnel and general operating expenses.

    4.  The application must set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition, the type of vessels participating, the number and kind of navigational aids required and the name of a person who will be present at the event to ensure that the conditions of the permit are satisfied.

    [4.] 5.  The provisions of this section do not exempt any person from compliance with applicable federal law or regulation.

________

 


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ê1999 Statutes of Nevada, Page 730ê

 

CHAPTER 115, AB 438

Assembly Bill No. 438–Committee on Natural Resources,  Agriculture, and Mining

 

CHAPTER 115

 

AN ACT relating to watercraft; making various changes to the provisions governing abandoned vessels; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 488.293 is hereby amended to read as follows:

    488.293  1.  A peace officer may attempt to identify the registered owner of a vessel abandoned on private property by inspection of the vessel and any trailer to which it is attached and may supply the information to the property owner. The property owner must declare by affidavit the reasons why he believes the property to be abandoned. The property owner must give 5 days’ notice to the last registered owner before causing the removal of the vessel. If the last registered owner is unknown or cannot be notified, the vessel may immediately be removed to a secure location designated by a peace officer.

    2.  A peace officer shall [:

    (a) Within] , within 48 hours after directing the removal of an abandoned vessel on a public waterway or public or private property, notify the division of wildlife of the state department of conservation and natural resources of the [vessel’s status; and

    (b) Notify the last registered owner and any person known to have a security interest in the vessel by registered or certified mail that the vessel has been removed as abandoned and may be disposed of by sale pursuant to NRS 108.670 to 108.760, inclusive, or destroyed, unless the owner or a holder of a security interest pays the costs of removal and storage.] status of the vessel.

    3.  A law enforcement agency that has custody of an abandoned vessel shall, if the agency knows or can reasonably discover the name and address of the owner of the vessel or any person who holds a security interest in the vessel, notify the owner or the holder of the security interest of the location of the vessel and the method by which the vessel may be claimed. The notice must be sent by certified or registered mail.

    4.  If the abandoned vessel is held by a law enforcement agency as evidence in the investigation or prosecution of a criminal offense, the notice required by subsection 3 must be sent:

    (a) Upon the decision of the law enforcement agency or district attorney not to pursue or prosecute the case;

    (b) Upon the conviction of the person who committed the offense; or

    (c) If the case is otherwise terminated.

    5.  Failure to reclaim the vessel within 180 days after the date the notice is mailed constitutes a waiver of interest in the vessel by any person having an interest in the vessel and the vessel shall be deemed abandoned for all purposes.


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

ê1999 Statutes of Nevada, Page 731 (Chapter 115, AB 438)ê

 

    [4.] 6.  If all recorded interests in a vessel are waived, as provided in subsection [3] 5 or by written disclaimer, the division of wildlife may issue a certificate of ownership to the law enforcement agency that [removed the abandoned vessel.

    5.  After all liens have been satisfied, any proceeds remaining from the sale of an abandoned vessel pursuant to NRS 108.670 to 108.760, inclusive, must be deposited in the boat account maintained for the division.] has custody of the vessel. If necessary, the division of wildlife may assign a hull number to the vessel. This subsection does not preclude the subsequent return of a vessel, or any component part thereof, by a law enforcement agency to the registered owner of the vessel upon presentation by the registered owner of satisfactory proof of ownership.

    7.  A law enforcement agency to which a certificate of ownership is issued pursuant to subsection 6 may use, sell or destroy the vessel, and shall keep a record of the disposition of the vessel. If the law enforcement agency:

    (a) Sells the vessel, all proceeds from the sale of the vessel become the property of the law enforcement agency.

    (b) Destroys the vessel, the law enforcement agency shall, within 10 days, give notice of the destruction of the vessel to the division of wildlife.

________

 

CHAPTER 116, AB 464

Assembly Bill No. 464–Assemblymen Freeman, Parks, Parnell, Mortenson, Von Tobel, Gibbons, Manendo, Ohrenschall, Nolan, Leslie, Price, Koivisto, Humke, Hettrick, Cegavske, Berman, McClain, Collins, Carpenter and Gustavson

 

CHAPTER 116

 

AN ACT relating to controlled substances; providing an additional penalty for committing certain offenses relating to controlled or counterfeit substances on the grounds of a public park; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 453.3345 is hereby amended to read as follows:

    453.3345  1.  Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.321 or 453.323:

    (a) On the grounds of a public or private school, a playground, public park, public swimming pool, recreational center for youths or a video arcade;

    (b) On a campus of the University and Community College System of Nevada;

    (c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, park, pool, recreational center or arcade; or


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

ê1999 Statutes of Nevada, Page 732 (Chapter 116, AB 464)ê

 

    (d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,

must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence 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.

    3.  For the purposes of this section:

    (a) “Playground” means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.

    (b) “Recreational center for youths” means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.

    (c) “School bus” has the meaning ascribed to it in NRS 483.160.

    (d) “Video arcade” means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

________

 

CHAPTER 117, AB 506

Assembly Bill No. 506–Assemblymen Marvel, Carpenter, Brower, de Braga, Hettrick, Cegavske, Dini and Neighbors

 

Joint Sponsors: Senators Rhoads, McGinness and Amodei

 

CHAPTER 117

 

AN ACT relating to taxation; revising the provisions governing the reporting requirements, payment schedules and collection procedures for the tax on the net proceeds of minerals; broadening the authorized uses for the money in a county fund for mitigation; authorizing a school district to establish a fund for mitigation; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 362.110 is hereby amended to read as follows:

    362.110  1.  Every person extracting any mineral in this state or receiving any royalty:

    (a) Shall, on or before February [1] 16 of each year, [except as otherwise provided in paragraph (b),] file with the department a statement showing the gross yield and claimed net proceeds from each geographically separate operation where a mineral is extracted by that person during the calendar year immediately preceding the year in which the statement is filed.


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

ê1999 Statutes of Nevada, Page 733 (Chapter 117, AB 506)ê

 

    (b) May have up to [15 additional days to file the] 30 days after filing the statement required by paragraph (a) to file an amended statement, if beforehand he makes written application to the department and the department finds good cause [for the extension.] to allow the amendment of the statement.

    2.  The statement must:

    (a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. The deductions are limited to the costs incurred during the period covered by the statement.

    (b) Be in the form prescribed by the department.

    (c) Be verified by the manager, superintendent, secretary or treasurer of the corporation, or by the owner of the operation, or, if the owner is a natural person, by someone authorized in his behalf.

    3.  Each recipient of a royalty as described in subsection 1 shall annually file with the department a list showing each of the lessees responsible for taxes due in connection with the operation or operations included in the statement filed pursuant to subsections 1 and 2.

    Sec. 2.  NRS 362.115 is hereby amended to read as follows:

    362.115  1.  In addition to the statement required by subsection 1 of NRS 362.110, each person extracting any mineral in this state shall, on or before April [30] 1 of each year, file with the department a statement showing the estimated gross yield and estimated net proceeds from each such operation for the entire current calendar year and an estimate of all royalties that will be paid during the current calendar year.

    2.  The department shall [use this] :

    (a) Use the statement filed pursuant to subsection 1 only to prepare estimates for use by local governments in the preparation of their budgets [.] ; and

    (b) Submit those estimates to the local governments on or before April 25 of each year.

    Sec. 3.  NRS 362.130 is hereby amended to read as follows:

    362.130  1.  When the department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and shall send a copy to the owner of the mine, operator of the mine, or recipient of the royalty, as the case may be.

    2.  The certificate must be prepared and mailed not later than April 20 immediately following the month of February during which the statement was filed.

    3.  The tax due as indicated in the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.

    4.  If the owner of the mine, operator of the mine, or recipient of the royalty paid taxes pursuant to subsection 1 or 2 of NRS 362.145, the certificate must indicate any deficiency remaining from the previous calendar year or any overpayment of the taxes made for the previous calendar year.


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

ê1999 Statutes of Nevada, Page 734 (Chapter 117, AB 506)ê

 

    5.  Any deficiency remaining from the previous calendar year, as indicated on the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.

    6.  If an overpayment was made and subsection 1 or 2 of NRS 362.145 applies to the taxpayer for the current calendar year or the taxpayer chooses to pay the tax pursuant to subsection 1 or 2 of NRS 362.145 for the current calendar year, [one-half of] the overpayment may be credited [towards] toward the payment due on August 1 of the current calendar year . [and one-quarter may be credited towards each of the other two payments due for the current calendar year.] If neither subsection 1 nor subsection 2 of NRS 362.145 [is applicable] applies to the taxpayer for the current calendar year and the tax is paid on or before May 10 of the next calendar year, the overpayment may be credited [towards] toward that payment. If the certificate prepared pursuant to this section shows a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.

    Sec. 4.  NRS 362.145 is hereby amended to read as follows:

    362.145  1.  If the net proceeds of a geographically separate extractive operation in any calendar year exceed $4,000,000, the tax upon the net proceeds for the next calendar year must be paid:

    (a) On or before August 1 for one-half of the net proceeds extracted from January 1 through June 30 of that year; and

    (b) On or before [November 1 for the net proceeds extracted from July 1 through September 30 of that year; and

    (c) On or before February 1] February 16 for the remaining one-half of the net proceeds extracted from January 1 through June 30 and for the net proceeds extracted from [October] July 1 through December 31 of the preceding year.

The rate of tax must be computed pursuant to NRS 362.140 on the basis of the best estimate of the taxpayer as to the rate that will be applicable for the current year. If the rate selected is different than the rate paid in the previous year, the taxpayer shall submit a brief explanation with the payment to justify the rate selected. If, upon investigation of the facts, the department determines that an inappropriate rate was used which resulted in an underpayment of the taxes due, the department shall immediately notify the taxpayer in writing of the deficiency. The taxpayer shall pay the deficiency within 10 days after receipt of such a notice.

    2.  If the total amount of royalties paid by a geographically separate operation to a person in any calendar year exceeds $100,000, the recipient of the royalties shall pay the tax on the royalties for the next calendar year:

    (a) On or before August 1 for royalties paid from January 1 through June 30 of that year; and


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

ê1999 Statutes of Nevada, Page 735 (Chapter 117, AB 506)ê

 

    (b) On or before [November 1 for royalties paid from July 1 through September 30 of that year; and

    (c) On or before February 1] February 16 for royalties paid from [October] July 1 through December 31 of the preceding year.

    3.  The tax upon the net proceeds for any other operation or on any other royalties may be paid pursuant to the requirements of subsection 1 or 2.

    4.  The taxpayer shall include with each payment made pursuant to this section a copy of the calculations by which the amount of the payment was determined, including , without limitation, the amount of net proceeds and the rate of tax.

    5.  On or before [March] April 15 of each year, the department shall provide a notice to each person to whom subsection 1 or 2 [is applicable.] applies. The notice must include a copy of this section and state that the department has determined that subsection 1 or 2 [is applicable] applies to that person for the current calendar year. Failure to receive the notice required by this subsection does not excuse late payment or nonpayment.

    Sec. 5.  NRS 362.170 is hereby amended to read as follows:

    362.170  1.  There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to the county. The department shall report to the state controller on or before February [15,] 28, May 25 [,] and August 15 [and November 15] of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year and the statements filed pursuant to NRS 362.145. The state controller shall distribute all money due to a county on or before [February 20,] March 5, May 30 [,] and August 20 [and November 20] of each year.

    2.  The county treasurer shall apportion to each local government or other local entity an amount calculated by:

    (a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;

    (b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to that local government or local entity; and

    (c) Subtracting from the amount determined pursuant to paragraph (b) a percentage commission of 3 percent of that amount which must be deposited in the county general fund.

    3.  The amounts apportioned pursuant to subsection 2, including , without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.


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

ê1999 Statutes of Nevada, Page 736 (Chapter 117, AB 506)ê

 

    4.  The department shall report to the state controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.

    Sec. 6.  NRS 362.171 is hereby amended to read as follows:

    362.171  1.  Each county to which money is appropriated by subsection 1 of NRS 362.170 may set aside a percentage of that appropriation to establish a county fund for mitigation.

    [2.]  Money from the fund may be appropriated by the board of county commissioners only to mitigate adverse effects upon the county, or the school district located in the county, which result from [the] :

    (a) A decline in the revenue received by the county from the tax on the net proceeds of minerals during the 2 fiscal years immediately preceding the current fiscal year; or

    (b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived [under] pursuant to this chapter.

    2.  Each school district to which money is apportioned by a county pursuant to subsection 2 of NRS 362.170 may set aside a percentage of the amount apportioned to establish a school district fund for mitigation. Money from the fund may be used by the school district only to mitigate adverse effects upon the school district which result from:

    (a) A decline in the revenue received by the school district from the tax on the net proceeds of minerals during the 2 fiscal years immediately preceding the current fiscal year; or

    (b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived pursuant to this chapter.

    Sec. 7.  This act becomes effective on July 1, 1999.

________

 


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

ê1999 Statutes of Nevada, Page 737ê

 

CHAPTER 118, AB 544

Assembly Bill No. 544–Committee on Judiciary

 

CHAPTER 118

 

AN ACT relating to domestic relations; requiring a court under certain circumstances to consider the best interest of a child when determining whether to grant permission to a parent to move the child out of this state; removing the reference to a parent having joint custody of a child in a provision concerning consent required to move a child from this state; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 125.470 is hereby amended to read as follows:

    125.470  1.  If, during any proceeding brought under this chapter, either before or after the entry of a final order concerning the custody of a minor child, it appears to the court that any minor child of either party has been, or is likely to be, taken or removed out of this state or concealed within this state, the court shall forthwith order such child to be produced before it and make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.

    2.  If, during any proceeding brought under this chapter, either before or after the entry of a final order concerning the custody of a minor child, the court finds that it would be in the best interest of the minor child, the court may enter an order providing that a party may, with the assistance of the appropriate law enforcement agency, obtain physical custody of the child from the party having physical custody of the child. The order must provide that if the party obtains physical custody of the child, the child must be produced before the court as soon as practicable to allow the court to make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.

    3.  If the court enters an order pursuant to subsection 2 providing that a party may obtain physical custody of a child, the court shall order that party to give the party having physical custody of the child notice at least 24 hours before the time at which he intends to obtain physical custody of the child, unless the court deems that requiring the notice would likely defeat the purpose of the order.

    4.  All orders for a party to appear with a child issued pursuant to this section may be enforced as provided by subsection 2 of NRS 125A.140.

    5.  A proceeding under this section must be given priority on the court calendar.

    Sec. 2.  NRS 125A.350 is hereby amended to read as follows:

    125A.350  If custody has been established and the custodial parent [or a parent having joint custody] intends to move his residence to a place outside of this state and to take the child with him, he must, as soon as possible and before the planned move, attempt to obtain the written consent of the [other] noncustodial parent to move the child from [the] this state.


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

ê1999 Statutes of Nevada, Page 738 (Chapter 118, AB 544)ê

 

noncustodial parent to move the child from [the] this state. If the noncustodial parent [or other parent having joint custody] refuses to give that consent, the custodial parent [planning the move] shall, before he leaves [the] this state with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent . [or other parent having joint custody.]

________

 

CHAPTER 119, SB 281

Senate Bill No. 281–Committee on Finance

 

CHAPTER 119

 

AN ACT making a supplemental appropriation to the State Department of Conservation and Natural Resources for a shortfall in salaries and operating expenses; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $13,918 for a shortfall in salaries and operating expenses in the office of the Director. This appropriation is supplemental to that made by section 23 of chapter 244, Statutes of Nevada 1997, at page 859.

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

________

 

CHAPTER 120, SB 487

Senate Bill No. 487–Committee on Commerce and Labor

 

CHAPTER 120

 

AN ACT relating to telecommunications; requiring the department of human resources to provide certain providers of telecommunication services with information concerning customers who are eligible to receive lifeline and link up services; regulating the provision of such services to eligible customers; authorizing under certain circumstances the reimbursement of eligible providers that provide lifeline services; providing immunity from liability under certain circumstances with respect to the provision of enhanced 911 services; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 707 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, the words and terms defined in sections 2.5 to 7, inclusive, of this act, have the meanings ascribed to them in those sections.


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

ê1999 Statutes of Nevada, Page 739 (Chapter 120, SB 487)ê

 

    Sec. 2.5.  “Commission” means the public utilities commission of Nevada.

    Sec. 3.  “Department” means the department of human resources.

    Sec. 4.  “Eligible customer” means a customer who is eligible to receive lifeline or link up services.

    Sec. 5.  “Eligible provider” means a provider of telecommunication services that has been designated as an eligible telecommunications carrier by the commission to receive universal service support pursuant to 47 U.S.C. § 214, as that section existed on January 1, 1999.

    Sec. 6.  “Lifeline” has the meaning ascribed to it in 47 C.F.R. § 54.401(a), as that section existed on January 1, 1999.

    Sec. 7.  “Link up” has the meaning ascribed to it in 47 C.F.R. § 54.411(a), as that section existed on January 1, 1999.

    Sec. 8.  1.  The department shall provide to each eligible provider a list of eligible customers, as determined by criteria adopted by the public utilities commission of Nevada or the Federal Communications Commission, as appropriate, who are located within the service area of the eligible provider. The list must include:

    (a) The name and address of each eligible customer; and

    (b) If applicable, the telephone number of each eligible customer.

    2.  Every 6 months the department shall provide to each eligible provider an updated list of the eligible customers in this state.

    3.  The department may adopt such regulations as are necessary to coordinate the acquisition and provision of the information required to be provided pursuant to this section.

    Sec. 9.  1.  An eligible provider, within 7 days after determining that a person located in its service area is an eligible customer, shall notify the eligible customer that he will receive lifeline or link up services, or both, unless he specifically declines to receive the services. The notification must include:

    (a) Information about the lifeline and link up services, including, without limitation, the date on which the services will begin and any options or responsibilities that the eligible customer may have related to the receipt of those services;

    (b) A self-addressed, postage paid response card which the eligible customer must return to the eligible provider to decline the services; and

    (c) A statement that the eligible provider will automatically provide lifeline or link up services, or both, to the eligible customer unless the eligible customer declines the services by timely returning to the eligible provider the response card included with the notification.

    2.  To decline lifeline or link up services, an eligible customer must return the response card included in the notification provided pursuant to subsection 1 to the eligible provider not later than 10 days before the date on which the services are scheduled to begin.

    3.  An eligible provider shall begin billing an eligible customer for lifeline or link up services, or both, not later than 60 days after the date on which the eligible provider receives the list of eligible customers from the department which includes the eligible customer, if the eligible customer has not declined the services.


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

ê1999 Statutes of Nevada, Page 740 (Chapter 120, SB 487)ê

 

    4.  An eligible provider shall continue providing lifeline services to an eligible customer for as long as he continues to receive telecommunication services from the eligible provider until the customer or the department notifies the eligible provider that the customer is no longer eligible for the program. The eligible provider shall discontinue providing lifeline services to an eligible customer if the eligible customer notifies the eligible provider in writing that he wishes to discontinue receiving those services.

    Sec. 10.  1.  The reduction in the telephone rates provided by lifeline or link up services must be based on the methods for determining reductions which are adopted by the commission by regulation. The commission may provide different methods for determining reductions to allow for differences between eligible providers. The methods may include, without limitation:

    (a) Basing the reduction on the tariff filed by the eligible provider with the commission; or

    (b) Establishing a formula pursuant to which the amount of the reduction may be determined.

    2.  The reduction in such telephone rates applies only to:

    (a) Residential flat rate basic local exchange service;

    (b) Residential local exchange access service;

    (c) Residential local calling area service; and

    (d) Residential service connection charges.

    3.  The reduced rate for residential local exchange access service, when combined with the reduced rate for residential local calling area service, must not exceed the comparable reduced rate for residential flat rate basic local exchange service.

    4.  If the amount of the reduction in rates provided by an eligible provider to an eligible customer for lifeline services is greater than the amount which the eligible provider receives as universal service support pursuant to 47 U.S.C. § 254, the eligible provider is entitled to reimbursement from the fund established by the commission pursuant to NRS 704.040 for the difference between the amount of the reduction and the amount received as universal service support pursuant to 47 U.S.C. § 254.

    Sec. 11.  1.  A telephone company, person providing wireless or commercial mobile radio service, public safety answering point, or manufacturer supplying equipment to a telephone company or public safety answering point, or any agent thereof, is not liable to any person who uses an enhanced 911 service for:

    (a) The release of the telephone number and street address of the telephone used to place the 911 telephone call, including telephone numbers which are not published, if the release was made in good faith;

    (b) The failure of any equipment or procedure in connection with the provision of an enhanced 911 service; or

    (c) Any act, or the omission of any act, committed in good faith,

while providing, or while in training to provide, services through a public safety answering point.

    2.  As used in this section:


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

ê1999 Statutes of Nevada, Page 741 (Chapter 120, SB 487)ê

 

    (a) “Enhanced 911 service” means a service consisting of telephone network features and public safety answering points provided for persons using the public telephone system to reach the appropriate public service answering point by dialing the digits 9-1-1, by using selective routing, if required, based on the location from which the call originated, and providing at the public safety answering point automatic number identification and automatic location identification.

    (b) “Public safety answering point” means a facility, operated 24 hours a day, 7 days a week, that is responsible for receiving 911 telephone calls and directly dispatching emergency response services, or transferring or relaying 911 telephone calls to other public safety agencies. A public safety answering point is the first point of reception by a public safety agency of 911 telephone calls and serves the jurisdiction in which it is located and other participating jurisdictions.

________

 

CHAPTER 121, SB 510

Senate Bill No. 510–Committee on Finance

 

CHAPTER 121

 

AN ACT relating to regional planning; authorizing peace officers to issue a warning and provide certain information to persons who violate certain ordinances adopted by the Tahoe Regional Planning Agency; requiring peace officers who issue a warning to such persons to report certain information to the Tahoe Regional Planning Agency; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 277 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 3, every game warden, sheriff and other peace officer of this state and its political subdivisions may issue one or more of the following:

    (a) Educational material provided by the Tahoe Regional Planning Agency;

    (b) An oral advisory; or

    (c) A warning citation,

to a person who violates, within the portion of the region that is within the waters of this state, section 54.16(A), 54.16(B) or 81.2(E) of the Code of Ordinances adopted by the Tahoe Regional Planning Agency and in effect on April 1, 1999.

    2.  A game warden, sheriff or other peace officer who issues a warning citation pursuant to subsection 1 shall report the name and address of the person to whom such warning was issued to the Tahoe Regional Planning Agency.

    3.  An agency that provides law enforcement or other public safety services is not subject to the provisions of section 54.16(A), 54.16(B) or 81.2(E) of the Code of Ordinances adopted by the Tahoe Regional Planning Agency and in effect on April 1, 1999, when performing its official duties during an emergency or disaster on the waters of Lake Tahoe if such duties are performed in an effort to protect life or property.


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

ê1999 Statutes of Nevada, Page 742 (Chapter 121, SB 510)ê

 

official duties during an emergency or disaster on the waters of Lake Tahoe if such duties are performed in an effort to protect life or property.

    4.  As used in this section:

    (a) “Region” has the meaning ascribed to it in NRS 277.200.

    (b) “Waters of this state” means any waters within the territorial limits of this state.

    Sec. 2.  NRS 277.207 is hereby amended to read as follows:

    277.207  All judicial actions and proceedings in which there may arise a question of the validity of any matter under the provisions of NRS 277.190 to 277.220, inclusive, and section 1 of this act, shall be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable moment.

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

________

 

CHAPTER 122, AB 456

Assembly Bill No. 456–Assemblyman Perkins

 

CHAPTER 122

 

AN ACT relating to domestic relations; prohibiting a court from awarding custody to or rights to visitation to a parent who is convicted of murder of the first degree for the murder of the other parent of a child under certain circumstances; establishing a presumption that custody of a child by a person who has engaged in certain acts of domestic violence is not in the best interest of the child; and providing other matters properly relating thereto.

 

[Approved May 13, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 125A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  If a parent of a child is convicted of murder of the first degree for the murder of the other parent of the child:

    1.  A court shall not enter an order awarding custody to or rights to visitation with the child to the parent so convicted, unless the court determines that it is in the best interest of the child to do so or the child who is the subject of the order is of suitable age to signify his assent and assents to the order.

    2.  Until the court makes a determination pursuant to subsection 1, no person may bring the child into the presence of the parent so convicted without the consent of the legal guardian or custodian of the child.

    Sec. 3.  1.  Except as otherwise provided in NRS 125A.360 and section 2 of this act, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination, the court shall set forth:


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

ê1999 Statutes of Nevada, Page 743 (Chapter 122, AB 456)ê

 

    (a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and

    (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

    2.  If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

    (a) All prior acts of domestic violence involving any of the parties;

    (b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

    (c) The likelihood of future injury;

    (d) Whether, during the prior acts, one of the parties acted in self-defense; and

    (e) Any other factors that the court deems relevant to the determination.

In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.

    3.  As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.

    Sec. 4.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

    Sec. 5.  If a parent of a child is convicted of murder of the first degree for the murder of the other parent of the child:

    1.  A court shall not enter an order awarding custody to or rights to visitation with the child to the parent so convicted, unless the court determines that it is in the best interest of the child to do so or the child who is the subject of the order is of suitable age to signify his assent and assents to the order. A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a parent convicted of murder of the first degree for the murder of the other parent of the child.

    2.  Until the court makes a determination pursuant to subsection 1, no person may bring the child into the presence of the parent so convicted without the consent of the legal guardian or custodian of the child.

    Sec. 6.  1.  Except as otherwise provided in NRS 125A.360 and section 5 of this act, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that it is not in the best interest of the child for the perpetrator of the domestic violence to have custody of the child. Upon making such a determination, the court shall set forth:


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

ê1999 Statutes of Nevada, Page 744 (Chapter 122, AB 456)ê

 

violence to have custody of the child. Upon making such a determination, the court shall set forth:

    (a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and

    (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

    2.  If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

    (a) All prior acts of domestic violence involving any of the parties;

    (b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

    (c) The likelihood of future injury;

    (d) Whether, during the prior acts, one of the parties acted in self-defense; and

    (e) Any other factors that the court deems relevant to the determination.

In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.

    3.  A court, agency, institution or other person who places a child in protective custody shall not release a child to the custody of a person who a court has determined pursuant to subsection 1 has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child unless:

    (a) A court determines that it is in the best interest of the child for the perpetrator of the domestic violence to have custody of the child; or

    (b) Pursuant to the provisions of subsection 2, the presumption created pursuant to subsection 1 does not apply to the person to whom the court releases the child.

    4.  As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.

________

 


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

ê1999 Statutes of Nevada, Page 745ê

 

CHAPTER 123, AB 229

Assembly Bill No. 229–Committee on Judiciary

 

CHAPTER 123

 

AN ACT relating to children; authorizing the assignment of certain juvenile offenders to a program of cognitive training and human development; establishing requirements for such a program; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In addition to any other action authorized pursuant to the provisions of this chapter, the court may order a child who is found to be within the purview of this chapter to complete a program of cognitive training and human development pursuant to this section if:

    (a) The child has never been found to be within the purview of this chapter; and

    (b) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim.

    2.  If the court orders a child to complete a program of cognitive training and human development, the court may order any or all of the following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

    (b) The child to work on projects or perform public service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program; or

    (c) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

    3.  A program of cognitive training and human development must include, without limitation, education, instruction or guidance in one or more of the following subjects, as deemed appropriate by the court:

    (a) Motivation.

    (b) Habits, attitudes and conditioning.

    (c) Self-conditioning processes.

    (d) Developing a successful way of life.

    (e) The process of solving problems.

    (f) Emotions and emotional blocks.

    (g) Assurances and demonstrative maturity.

    (h) Family success.

    (i) Family relationships.


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

ê1999 Statutes of Nevada, Page 746 (Chapter 123, AB 229)ê

 

    (j) Interfamilial understanding and communications.

    (k) Financial stability.

    (l) Effective communications.

    (m) Conflict resolution.

    (n) Anger management.

    (o) Obtaining and retaining employment.

    4.  A director of juvenile services may:

    (a) Apply for and accept grants or gifts to finance a program of cognitive training and human development; and

    (b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of cognitive training and human development.

    5.  As used in this section, “director of juvenile services” means:

    (a) In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is designated pursuant to NRS 62.110;

    (b) In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to NRS 62.1225;

    (c) In a judicial district that includes a county whose population is 400,000 or more:

         (1) The director of juvenile services who is appointed pursuant to NRS 62.123; or

         (2) The director of the department of family, youth and juvenile services, if such a department has been established in the judicial district pursuant to NRS 62.126 to 62.127, inclusive; or

    (d) Any other person who is designated by a person listed in paragraph (a), (b) or (c) to carry out the provisions of this section.

    Sec. 2.  NRS 62.129 is hereby amended to read as follows:

    62.129  1.  A child alleged to be delinquent or in need of supervision may be placed under the informal supervision of a probation officer if the child voluntarily admits his participation in the acts for which he was referred to the probation officer. If any of the acts would constitute a gross misdemeanor or felony if committed by an adult, the child may not be placed under informal supervision unless the district attorney approves of the placement in writing. The probation officer must advise the child and his parent, guardian or custodian that they may refuse informal supervision.

    2.  An agreement for informal supervision must be entered into voluntarily and intelligently by the child with the advice of his attorney, or by the child with the consent of a parent, guardian or custodian if the child is not represented by counsel. The period of informal supervision must not exceed 180 days. The terms of the agreement must be clearly stated in writing and signed by all parties. A copy of the agreement must be given to the child, the attorney for the child, if any, the child’s parent, guardian or custodian, and the probation officer, who shall retain a copy in his file for the case. The child and his parent, guardian or custodian may terminate the agreement at any time and request the filing of a petition for formal adjudication.


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

ê1999 Statutes of Nevada, Page 747 (Chapter 123, AB 229)ê

 

    3.  An agreement for informal supervision may require a child to:

    (a) Perform public service or provide restitution to any victim of the acts for which the child was referred to the probation officer; [and]

    (b) Participate in a program of restitution through work that is established pursuant to section 1 of Senate Bill No. 77 of this [act] session if the child:

         (1) Is 14 years of age or older;

         (2) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

         (3) Is required to provide restitution to a victim; and

         (4) Voluntarily agrees to participate in the program of restitution through work [.] ;

    (c) Complete a program of cognitive training and human development pursuant to section 1 of this act if:

         (1) The child has never been found to be within the purview of this chapter; and

         (2) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim; or

    (d) Engage in any combination of the activities set forth in paragraphs (a), (b) and (c).

    4.  If an agreement for informal supervision requires a child to participate in a program of restitution through work [,] as set forth in paragraph (b) of subsection 3 or complete a program of cognitive training and human development as set forth in paragraph (c) of subsection 3, the agreement may also require any or all of the following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property [or for industrial insurance, or both,] during those periods in which the child participates in the program or performs work, [unless,] and in the case of a program of restitution through work, for industrial insurance, [it] unless the industrial insurance is provided by the employer for which the child performs the work; or

    (b) The child to work on projects or perform public service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

    5.  If a child is placed under informal supervision, a petition based upon the events out of which the original complaint arose may be filed only within 180 days after entry into the agreement for informal supervision. If a petition is filed within that period, the child may withdraw the admission he made pursuant to subsection 1. The child’s compliance with all proper and reasonable terms of the agreement constitute grounds for the court to dismiss the petition.


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

ê1999 Statutes of Nevada, Page 748 (Chapter 123, AB 229)ê

 

    6.  A probation officer shall file annually with the court a report of the number of children placed under informal supervision during the previous year, the conditions imposed in each case and the number of cases that were successfully completed without the filing of a petition.

    Sec. 3.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

    Sec. 5.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1999.

________

 

CHAPTER 124, AB 336

Assembly Bill No. 336–Assemblyman Neighbors

 

Joint Sponsor: Senator McGinness

 

CHAPTER 124

 

AN ACT relating to controlled substances; authorizing the court to order a person convicted of distributing or selling an imitation controlled substance, a controlled substance or drug paraphernalia to a person who is under 18 years of age to pay restitution for the costs of the victim for participating in a program of treatment for the abuse of controlled substances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 453.332 is hereby amended to read as follows:

    453.332  1.  Except as otherwise provided in subsection 6, it is unlawful for a person to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance.

    2.  Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.

    3.  A person who is 18 years of age or older who distributes or sells an imitation controlled substance to a person who is under the age of 18 years is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he distributed or sold the imitation controlled substance in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the person to whom the imitation controlled substance was distributed or sold that such restitution has been ordered.

    4.  A person who:

    (a) Uses or possesses with the intent to use an imitation controlled substance; or


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ê1999 Statutes of Nevada, Page 749 (Chapter 124, AB 336)ê

 

    (b) Advertises or solicits in any manner with reasonable knowledge that the advertisement or solicitation is to promote the distribution of an imitation controlled substance,

is guilty of a gross misdemeanor upon his first and second convictions, and upon a third or any further conviction, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    5.  For the purposes of this section:

    (a) “Distribute” means the actual, constructive or attempted transfer, delivery or dispensing to another of an imitation controlled substance.

    (b) “Imitation controlled substance” means a substance, not a controlled substance, which:

         (1) In the form distributed is shaped, marked or colored so as to lead a reasonable person to believe it is a controlled substance; or

         (2) Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors:

             (I) Statements made by the defendant regarding the nature of the substance, its use or effect.

             (II) Statements made by the defendant regarding the recipient’s ability to resell the substance at a substantially higher price than is customary for the substance.

             (III) Whether the substance is packaged in a manner normally used for illicit controlled substances.

    6.  This section does not apply to the manufacture, distribution, sale or possession of an imitation controlled substance for use as a placebo by a practitioner in the course of his professional practice or research.

    Sec. 2.  NRS 453.334 is hereby amended to read as follows:

    453.334  Unless a greater penalty is provided in NRS 453.333, a person who is convicted of selling a controlled substance to a minor in violation of this chapter is guilty of a category A felony and shall be punished for a second or subsequent violation by imprisonment in the state prison:

    1.  For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

    2.  For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

and may be further punished by a fine of not more than $20,000. In addition to any other penalty, the court may order a person who is 18 years of age or older who is convicted of selling a controlled substance to a minor in violation of this chapter to pay restitution for any reasonable costs incurred for the participation of the minor in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the minor that such restitution has been ordered.

    Sec. 3.  NRS 453.562 is hereby amended to read as follows:

    453.562  A person 18 years of age or older who violates NRS 453.560 by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his junior is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he delivered the paraphernalia in a program for the treatment of the abuse of controlled substances.


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ê1999 Statutes of Nevada, Page 750 (Chapter 124, AB 336)ê

 

may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he delivered the paraphernalia in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the person to whom the paraphernalia was delivered that such restitution has been ordered.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

________

 

CHAPTER 125, AB 545

Assembly Bill No. 545–Committee on Judiciary

 

CHAPTER 125

 

AN ACT relating to district courts; increasing the fees charged by a reporter of a district court; establishing fees for a reporter of a district court who provides an instantaneous translation of testimony into English and a diskette containing the translation; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 3.370 is hereby amended to read as follows:

    3.370  1.  [For] Except as otherwise provided in subsection 3, for his services the official reporter or reporter pro tempore is entitled to the following fees:

    (a) For being available to report civil and criminal testimony and proceedings when the court is sitting during traditional business hours on any day except Sunday, [$140] $150 per day, to be paid by the county as provided in subsection [3.] 4.

    (b) For being available to report civil and criminal testimony and proceedings when the court is sitting beyond traditional business hours or on Sunday:

         (1) If the reporter has been available to report for at least 4 hours, [$30] $35 per hour for each hour of availability; or

         (2) If the reporter has been available to report for fewer than 4 hours, a pro rata amount based on the daily rate set forth in paragraph (a),

to be paid by the county as provided in subsection [3.] 4.

    (c) For transcription:

         (1) Except as otherwise provided in subparagraph (2), [$3.25] for the original draft and any copy to be delivered:

             (I) Within 24 hours after it is requested, $7.10 per page for the original draft and one copy, and $1.10 per page for each additional copy;

             (II) Within 48 hours after it is requested, $5.32 per page for the original draft and one copy, and 83 cents per page for each additional copy;


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ê1999 Statutes of Nevada, Page 751 (Chapter 125, AB 545)ê

 

             (III) Within 4 days after it is requested, $4.43 per page for the original draft and one copy, and 69 cents per page for each additional copy; or

             (IV) More than 4 days after it is requested, $3.55 per page for the original draft and one copy, and [50] 55 cents per page for each additional copy . [to the party ordering the original draft.]

         (2) For civil litigants who are ordering the original draft and are represented by a nonprofit legal corporation or a program for pro bono legal assistance, [$2.50] for the original draft and any copy to be delivered:

             (I) Within 24 hours after it is requested, $5.50 per page and $1.10 per page for each additional copy;

             (II) Within 48 hours after it is requested, $4.13 per page and 83 cents per page for each additional copy;

             (III) Within 4 days after it is requested, $3.44 per page and 69 cents per page for each additional copy; or

             (IV) More than 4 days after it is requested, $2.75 per page and [50] 55 cents per page for each additional copy.

         (3) For any party other than the party ordering the original draft, [50] for the copy of the draft to be delivered:

             (I) Within 24 hours after it is requested, $1.10 per page;

             (II) Within 48 hours after it is requested, 83 cents per page;

             (III) Within 4 days after it is requested, 69 cents per page; or

             (IV) More than 4 days after it requested, 55 cents per page.

    (d) For reporting all civil matters, in addition to the [salary] fees provided in paragraphs (a) and (b), $20 for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection [4.] 5.

    (e) For providing an instantaneous translation of testimony into English which appears on a computer that is located at a table in the courtroom where the attorney who requested the translation is seated:

         (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests such a translation, in addition to the fees provided pursuant to paragraphs (a) and (b), $140 for the first day and $90 per day for each subsequent day from the party who makes the request. This additional fee must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the translation service to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

         (2) In all civil matters in which a party requests such a translation, in addition to the fees provided pursuant to paragraphs (a), (b) and (d), $140 for the first day and $90 per day for each subsequent day, to be paid by the party who requests the translation.

    (f) For providing a diskette containing testimony prepared from a translation provided pursuant to paragraph (e):

         (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the fees provided pursuant to paragraphs (a), (b) and (e), $1.50 per page of the translation contained on the diskette from the party who makes the request. This additional fee must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the diskette to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.


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ê1999 Statutes of Nevada, Page 752 (Chapter 125, AB 545)ê

 

issues an order granting the diskette to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

         (2) In all civil matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the fees provided pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the translation contained on the diskette, to be paid by the party who requests the diskette.

    2.  For the purposes of [this subsection,] subsection 1, a page is a sheet of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.

    [2.] 3.  If the services of more than one reporter are required by the court in a criminal proceeding, each reporter is entitled to receive [the] :

    (a) The fees set forth in paragraphs (a) and (b) of subsection 1 and subparagraph (1) of paragraph (e) of subsection 1, as appropriate [. Each reporter in a criminal proceeding is entitled to receive an additional fee equal to one-half of the fee to which he is entitled pursuant to paragraph (c) of subsection 1] ; and

    (b) A fee of $5.33 per page for the original draft and one copy, and 83 cents per page for each additional copy for transcribing a proceeding of which the transcripts are ordered by the court to be delivered on or before the start of the next day the court is scheduled to conduct business.

    [3.] 4.  The fees specified in paragraphs (a) and (b) of subsection 1, the fees for transcripts in criminal cases ordered by the court to be made , the fees in criminal cases that are ordered by the court pursuant to subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of subsection 1 and the fees specified in subsection [2] 3 must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.

    [4.] 5.  In civil cases the fees prescribed in paragraph (d) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole fee. In either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case.


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ê1999 Statutes of Nevada, Page 753 (Chapter 125, AB 545)ê

 

awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his fees have been paid to him or deposited with the clerk of the court.

    [5.] 6.  Where a transcript is ordered by the court or by any party, the fees for it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.

    [6.] 7.  The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.

________

 

CHAPTER 126, AB 647

Assembly Bill No. 647–Committee on Judiciary

 

CHAPTER 126

 

AN ACT relating to crimes; authorizing a person entitled to possession of property that has been stolen or embezzled and is in the custody of a law enforcement agency to claim such property; increasing the time within which a law enforcement agency must return property evidencing a crime to the person who is entitled to possession of the property; revising the provisions governing removal of property received in pledge by a pawnbroker; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 179.165 is hereby amended to read as follows:

    179.165  1.  [A] Except as otherwise provided in subsections 2 and 3, a law enforcement agency which has custody of property that has been stolen or embezzled shall, if the agency knows or can reasonably discover the name and address of the owner [,] or the person entitled to possession of the property, notify the owner or the person entitled to possession of the property by letter of the location of the property and the method by which the owner or the person entitled to possession of the property may claim it.

    2.  If the property that has been stolen or embezzled is a firearm, the law enforcement agency shall notify only the owner of the firearm of the location of the property and the method by which the owner may claim it.

    3.  If the property that has been stolen or embezzled was obtained from a pawnbroker pursuant to section 3 of this act, the law enforcement agency shall, in addition to notifying the persons described in subsection 1 or 2, as appropriate, notify the pawnbroker from whom it was obtained.

    4.  The notice must be mailed by certified or registered mail:

    (a) Upon the conviction of the person who committed the offense;

    (b) Upon the decision of the police or district attorney not to pursue or prosecute the case; or

    (c) When the case is otherwise terminated.

    [3.] 5.  If the property stolen or embezzled is not claimed by the owner or the person entitled to possession of the property before the expiration of 6 months after the date the notice is mailed or, if no notice is required, after the date notice would have been sent if it were required, the magistrate or other officer having it in custody shall, except as otherwise provided in this subsection, on payment of the necessary expenses incurred for its preservation, deliver it to the county treasurer, who shall dispose of the property as provided in subsection [4.] 6. If a metropolitan police department which is organized pursuant to chapter 280 of NRS has custody of the property, the sheriff of the department may deliver it to the county treasurer and accept the net proceeds, if any, from the disposition of the property pursuant to subsection [4] 6 in lieu of the payment of expenses incurred for the property’s preservation.


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ê1999 Statutes of Nevada, Page 754 (Chapter 126, AB 647)ê

 

subsection, on payment of the necessary expenses incurred for its preservation, deliver it to the county treasurer, who shall dispose of the property as provided in subsection [4.] 6. If a metropolitan police department which is organized pursuant to chapter 280 of NRS has custody of the property, the sheriff of the department may deliver it to the county treasurer and accept the net proceeds, if any, from the disposition of the property pursuant to subsection [4] 6 in lieu of the payment of expenses incurred for the property’s preservation.

    [4.] 6.  Upon receiving stolen or embezzled property pursuant to this section, the county treasurer shall petition the district court for an order authorizing him to:

    (a) Conduct an auction for the disposal of salable property;

    (b) Dispose of property not deemed salable by donations to charitable organizations or by destruction;

    (c) Destroy property the possession of which is deemed illegal or dangerous; or

    (d) Dispose of property not purchased at an auction by donations to charitable organizations or by destruction.

    [5.] 7.  Records of the property disposed of by sale, destruction or donation and an accounting of the cash received by the county treasurer from the sales must be filed with the county clerk.

    Sec. 2.  NRS 52.385 is hereby amended to read as follows:

    52.385  1.  At any time after property of any person other than the one accused of the crime of which the property is evidence comes into the custody of a peace officer or law enforcement agency, the rightful owner of the property or a person entitled to possession of the property may request the prosecuting attorney to return the property to him. Upon receipt of such a request, the prosecuting attorney may, before the property is released, require the peace officer or law enforcement agency to take photographs of the property. Except as otherwise provided in subsection 3, the peace officer or law enforcement agency shall return the property to the person submitting the request within a reasonable time after the receipt of the request, but in no event later than [120] 180 days after the receipt of the request.

    2.  In the absence of such a request, the prosecuting attorney may authorize the peace officer or law enforcement agency that has custody of the property to return the property to its owner or a person who is entitled to possession of the property.

    3.  If the prosecuting attorney to whom a request for the release of property is made determines that the property is required for use as evidence in a criminal proceeding, he may deny the request for the release of the property.

    4.  Photographs of property returned pursuant to the provisions of this section are admissible in evidence in lieu of the property in any criminal or civil proceeding if they are identified and authenticated in the proceeding by:

    (a) The rightful owner of the property or person entitled to possession of the property to whom the property was released;

    (b) The peace officer or representative of the law enforcement agency who released the property; or


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ê1999 Statutes of Nevada, Page 755 (Chapter 126, AB 647)ê

 

    (c) A credible witness who has personal knowledge of the property,

in accordance with the provisions of NRS 52.185 to 52.295, inclusive.

    5.  Any property subject to the provisions of this section which is not returned under the provisions of this section must be disposed of as provided in NRS 179.125 to 179.165, inclusive.

    Sec. 3.  Chapter 646 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A peace officer who is involved in the investigation or prosecution of criminal activity may place a written hold on any property received in pledge by a pawnbroker that is related or allegedly related to the criminal activity.

    2.  While a hold is placed on property pursuant to this section, the pawnbroker who received the property in pledge shall not release or dispose of the property to any person other than the peace officer who placed the hold on the property. A peace officer who placed a hold on property may obtain custody of the property from the pawnbroker if the peace officer:

    (a) Has obtained written authorization from the prosecuting attorney which includes, without limitation, a description of the property and an acknowledgment of the pawnbroker’s interest in the property, and which provides that the pawnbroker must be notified pursuant to NRS 179.165, if applicable; and

    (b) Gives a copy of the written authorization to the pawnbroker.

    3.  Property received by a peace officer pursuant to this section may be disposed of only in the manner set forth in NRS 52.385 or 179.125 to 179.165, inclusive.

    4.  A peace officer who places a hold on property pursuant to this section shall notify the pawnbroker in writing when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.

    5.  If a person who deposited property with a pawnbroker in pledge attempts to redeem the property from the pawnbroker and a hold has been placed on the property pursuant to this section, the pawnbroker shall provide the person with the name of the peace officer who placed the hold on the property and the name of the employer of the peace officer who placed the hold on the property.

    6.  A pawnbroker and an employee of a pawnbroker who take any action required pursuant to this section are immune from civil liability for such action.

    Sec. 4.  NRS 646.040 is hereby amended to read as follows:

    646.040  No property received in pledge by a pawnbroker may be removed from his place of business [within 30 days] after the receipt of the property is reported to the sheriff or the chief of police as provided in this chapter, unless the property is:

    1.  Redeemed by the owner thereof; or

    2.  [Seized pursuant to a search warrant.] Released to the custody of a peace officer in the manner set forth in section 3 of this act.

    Sec. 5.  This act becomes effective on July 1, 1999.

________


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ê1999 Statutes of Nevada, Page 756ê

 

CHAPTER 127, SB 54

Senate Bill No. 54–Committee on Commerce and Labor

 

CHAPTER 127

 

AN ACT relating to industrial insurance; requiring the administrator of the division of industrial relations of the department of business and industry to provide to the department of taxation certain information upon request; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616B.012 is hereby amended to read as follows:

    616B.012  1.  Except as otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

    2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, of NRS.

    3.  The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

    (a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;

    (b) Any state or local agency for the enforcement of child support;

    (c) The Internal Revenue Service of the Department of the Treasury;

    (d) The department of taxation; and

    (e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.

    4.  Upon written request made by a public officer of a local government, an insurer shall furnish from its records, the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The insurer may charge a reasonable fee for the cost of providing the requested information.


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ê1999 Statutes of Nevada, Page 757 (Chapter 127, SB 54)ê

 

    5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit to the administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.

    6.  [The] Upon request by the department of taxation, the administrator shall provide [lists] :

    (a) Lists containing the names and addresses of employers [, the number of employees employed by each employer and the total wages paid by each employer] ; and

    (b) Other information concerning employers collected and maintained by the administrator or the division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,

to the department [of taxation, upon request,] for its use in verifying returns for the business tax. The administrator may charge a reasonable fee to cover any related administrative expenses.

    7.  Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders, or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.

    8.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, of NRS.

    Sec. 2.  Section 6 of Senate Bill No. 92 of this session is hereby amended to read as follows:

   Sec. 6.  NRS 616B.012 is hereby amended to read as follows:

     616B.012  1.  Except as otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

     2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

     3.  The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:


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ê1999 Statutes of Nevada, Page 758 (Chapter 127, SB 54)ê

 

     (a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;

     (b) Any state or local agency for the enforcement of child support;

     (c) The Internal Revenue Service of the Department of the Treasury;

     (d) The department of taxation; and

     (e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.

     4.  Upon written request made by a public officer of a local government, an insurer shall furnish from its records [,] the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The insurer may charge a reasonable fee for the cost of providing the requested information.

     5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit to the administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.

     6.  Upon request by the department of taxation, the administrator shall provide:

     (a) Lists containing the names and addresses of employers; and

     (b) Other information concerning employers collected and maintained by the administrator or the division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,

to the department for its use in verifying returns for the business tax. The administrator may charge a reasonable fee to cover any related administrative expenses.


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ê1999 Statutes of Nevada, Page 759 (Chapter 127, SB 54)ê

 

     7.  Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders [,] or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.

   8.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 128, SB 56

Senate Bill No. 56–Committee on Commerce and Labor

 

CHAPTER 128

 

AN ACT relating to health insurance; requiring certain policies of health insurance that provide coverage for drugs approved by the Food and Drug Administration for use in the treatment of a medical condition to include coverage for certain other uses of those drugs; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  No policy of health insurance that provides coverage for a drug approved by the Food and Drug Administration for use in the treatment of an illness, disease or other medical condition may be delivered or issued for delivery in this state unless the policy includes coverage for any other use of the drug for the treatment of cancer, if that use is:

    (a) Specified in the most recent edition of or supplement to:

         (1) The United States Pharmacopoeia Drug Information; or

         (2) The American Hospital Formulary Service Drug Information; or

    (b) Supported by at least two articles reporting the results of scientific studies that are published in scientific or medical journals, as defined in 21 C.F.R. § 99.3.

    2.  The coverage required pursuant to this section:

    (a) Includes coverage for any medical services necessary to administer the drug to the insured.

    (b) Does not include coverage for any:

         (1) Experimental drug used for the treatment of cancer, if that drug has not been approved by the Food and Drug Administration; or

         (2) Use of a drug that is contraindicated by the Food and Drug Administration.


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ê1999 Statutes of Nevada, Page 760 (Chapter 128, SB 56)ê

 

    3.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.

    Sec. 2.  NRS 689A.330 is hereby amended to read as follows:

    689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the commissioner that the policy is not subject to approval or disapproval by that officer, the commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

    Sec. 3.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  No group policy of health insurance that provides coverage for a drug approved by the Food and Drug Administration for use in the treatment of an illness, disease or other medical condition may be delivered or issued for delivery in this state unless the policy includes coverage for any other use of the drug for the treatment of cancer, if that use is:

    (a) Specified in the most recent edition of or supplement to:

         (1) The United States Pharmacopoeia Drug Information; or

         (2) The American Hospital Formulary Service Drug Information; or

    (b) Supported by at least two articles reporting the results of scientific studies that are published in scientific or medical journals, as defined in 21 C.F.R. § 99.3.

    2.  The coverage required pursuant to this section:

    (a) Includes coverage for any medical services necessary to administer the drug to the employee or member of the insured group.

    (b) Does not include coverage for any:

         (1) Experimental drug used for the treatment of cancer, if that drug has not been approved by the Food and Drug Administration; or

         (2) Use of a drug that is contraindicated by the Food and Drug Administration.

    3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.

    Sec. 4.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  No contract for hospital or medical services that provides coverage for a drug approved by the Food and Drug Administration for use in the treatment of an illness, disease or other medical condition may be delivered or issued for delivery in this state unless the contract includes coverage for any other use of the drug for the treatment of cancer, if that use is:

    (a) Specified in the most recent edition of or supplement to:

         (1) The United States Pharmacopoeia Drug Information; or

         (2) The American Hospital Formulary Service Drug Information; or


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ê1999 Statutes of Nevada, Page 761 (Chapter 128, SB 56)ê

 

    (b) Supported by at least two articles reporting the results of scientific studies that are published in scientific or medical journals, as defined in 21 C.F.R. § 99.3.

    2.  The coverage required pursuant to this section:

    (a) Includes coverage for any medical services necessary to administer the drug to a person covered under the contract.

    (b) Does not include coverage for any:

         (1) Experimental drug used for the treatment of cancer, if that drug has not been approved by the Food and Drug Administration; or

         (2) Use of a drug that is contraindicated by the Food and Drug Administration.

    3.  A contract for hospital or medical services subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the contract that conflicts with the provisions of this section is void.

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

    1.  No evidence of coverage that provides coverage for a drug approved by the Food and Drug Administration for use in the treatment of an illness, disease or other medical condition may be delivered or issued for delivery in this state unless the evidence of coverage includes coverage for any other use of the drug for the treatment of cancer, if that use is:

    (a) Specified in the most recent edition of or supplement to:

         (1) The United States Pharmacopoeia Drug Information; or

         (2) The American Hospital Formulary Service Drug Information; or

    (b) Supported by at least two articles reporting the results of scientific studies that are published in scientific or medical journals, as defined in 21 C.F.R. § 99.3.

    2.  The coverage required pursuant to this section:

    (a) Includes coverage for any medical services necessary to administer the drug to the enrollee.

    (b) Does not include coverage for any:

         (1) Experimental drug used for the treatment of cancer, if that drug has not been approved by the Food and Drug Administration; or

         (2) Use of a drug that is contraindicated by the Food and Drug Administration.

    3.  Any evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with the provisions of this section is void.

    Sec. 6.  NRS 695C.330 is hereby amended to read as follows:

    695C.330  1.  The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:


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ê1999 Statutes of Nevada, Page 762 (Chapter 128, SB 56)ê

 

    (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the commissioner;

    (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive, and section 5 of this act, or 695C.207;

    (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

    (d) The state board of health certifies to the commissioner that [:

         (1) The] the health maintenance organization [does] :

         (1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

         (2) [The health maintenance organization is] Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

    (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

    (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

    (g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

    (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

    (i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

    (j) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

    2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

    3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

    4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.


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ê1999 Statutes of Nevada, Page 763 (Chapter 128, SB 56)ê

 

of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

    Sec. 7.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

________

 

CHAPTER 129, SB 64

Senate Bill No. 64–Committee on Commerce and Labor

 

CHAPTER 129

 

AN ACT relating to industrial insurance; authorizing notice of a civil action to recover damages for an industrial injury to be given by the attorney or representative of the injured employee or his dependents; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616C.215 is hereby amended to read as follows:

    616C.215  1.  If an injured employee or, in the event of his death, his dependents, bring an action in tort against his employer to recover payment for an injury which is compensable [under] pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and, notwithstanding the provisions of NRS 616A.020, receive payment from the employer for that injury:

    (a) The amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount paid by the employer.

    (b) The insurer, or in the case of claims involving the uninsured employer’s claim fund or a subsequent injury fund the administrator, has a lien upon the total amount paid by the employer if the injured employee or his dependents receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

This subsection is applicable whether the money paid to the employee or his dependents by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from his employer for his injury.

    2.  When an employee receives an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

    (a) The injured employee, or in case of death his dependents, may take proceedings against that person to recover damages, but the amount of the compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.


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ê1999 Statutes of Nevada, Page 764 (Chapter 129, SB 64)ê

 

employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

    (b) If the injured employee, or in case of death his dependents, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor.

    3.  When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances entitling him, or in the case of death his dependents, to receive proceeds under his employer’s policy of uninsured or underinsured vehicle coverage:

    (a) The injured employee, or in the case of death his dependents, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of proceeds received.

    (b) If an injured employee, or in the case of death his dependents, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, is subrogated to the rights of the injured employee or his dependents to recover proceeds under the employer’s policy of uninsured or underinsured vehicle coverage. The insurer and the administrator are not subrogated to the rights of an injured employee or his dependents under a policy of uninsured or underinsured vehicle coverage purchased by the employee.

    4.  In any action or proceedings taken by the insurer or the administrator pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the uninsured employers’ claim fund or a subsequent injury fund have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than those amounts, the excess must be paid to the injured employee or his dependents.

    5.  In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection 2 or 3, the insurer or the administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.


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ê1999 Statutes of Nevada, Page 765 (Chapter 129, SB 64)ê

 

    6.  The lien provided for [under] pursuant to subsection 1 or 5 includes the total compensation expenditure incurred by the insurer, the uninsured employers’ claim fund or a subsequent injury fund for the injured employee and his dependents.

    7.  An injured employee, or in the case of death his dependents, or the attorney or representative of the injured employee or his dependents, shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, in writing before initiating a proceeding or action pursuant to this section.

    8.  Within 15 days after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise:

    (a) The injured employee or his dependents, or the attorney or representative of the injured employee or his dependents; and

    (b) The third-party insurer,

shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, of the recovery and pay to the insurer or the administrator, respectively, the amount due [under] pursuant to this section together with an itemized statement showing the distribution of the total recovery. The attorney or representative of the injured employee or his dependents and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.

    9.  An insurer shall not sell its lien to a third-party insurer unless the injured employee or his dependents, or the attorney or representative of the injured employee or his dependents, refuses to provide to the insurer information concerning the action against the third party.

    10.  In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury must receive proof of the amount of all payments made or to be made by the insurer or the administrator. The court shall instruct the jury substantially as follows:

 

    Payment of workmen’s compensation benefits by the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer, the insurer or the administrator any amount paid to him or paid on his behalf by his employer, the insurer or the administrator.

    If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.

 


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ê1999 Statutes of Nevada, Page 766 (Chapter 129, SB 64)ê

 

    11.  To calculate an employer’s premium, the employer’s account with the system must be credited with an amount equal to that recovered by the system from a third party pursuant to this section, less the system’s share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the system on the injured employee’s claim.

    12.  As used in this section, “third-party insurer” means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.

    Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1999.

________

 

CHAPTER 130, SB 267

Senate Bill No. 267–Committee on Transportation

 

CHAPTER 130

 

AN ACT relating to license plates; providing for the manufacturing of certain license plates under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 482.266 is hereby amended to read as follows:

    482.266  1.  [At the request of a person who applies for the registration or renewal of the registration of a vehicle that has motor vehicle license plates which were issued before January 1, 1982, the department shall refurbish the license plates for a fee not to exceed the actual cost of the refurbishment.

    2.  If a motor vehicle license plate that was issued before January 1, 1982, is delivered to the department for refurbishment, the person who applies for the registration or renewal of registration of the vehicle shall display on the vehicle a temporary permit which must be affixed to the vehicle in a form, manner and position determined by the department.] A person who desires to have regular or personalized license plates that are substantially in the same color and form as license plates manufactured before January 1, 1982, must:

    (a) Submit a written request for such license plates to the department in a manner and form prescribed by the department; and

    (b) In addition to all other applicable registration fees, licensing fees and motor vehicle privilege taxes, pay the manufacturing fee prescribed by the department.

A person requesting license plates pursuant to this section must comply with all requirements for registration and licensing pursuant to this chapter. A request for license plates pursuant to this section does not, by itself, constitute a request for special license plates pursuant to subsection 3 of NRS 482.265.


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ê1999 Statutes of Nevada, Page 767 (Chapter 130, SB 267)ê

 

    2.  After receiving a request and the full amount of the payment due for license plates requested pursuant to subsection 1, the department shall manufacture the license plates using substantially the same process, dies and materials as were used to manufacture license plates before January 1, 1982. The department shall deliver license plates requested pursuant to this section to a person who requests such license plates within 180 days after acceptance of the written request or after receipt of payment therefor, whichever occurs last.

    3.  The department shall:

    (a) Prescribe, by regulation, a manner and form for submitting a written request pursuant to subsection 1. The form must include, without limitation, an indication of whether the requester desires to have the same letters and numbers on the license plates requested as are on the license plates that are registered to him at the time of the request.

    (b) Determine the cost of manufacturing a license plate pursuant to this section and prescribe a manufacturing fee, which must not exceed $25, to defray the cost of manufacturing license plates pursuant to this section. The manufacturing fee must be:

         (1) Collected by the department;

         (2) Deposited with the state treasurer to the credit of the motor vehicle fund; and

         (3) Allocated to the department to defray the costs of manufacturing license plates pursuant to this section.

    4.  A person who requests license plates pursuant to this section may keep the license plates which are registered to him at the time of the request if the license plates requested contain the same letters and numbers as the license plates which are registered to him at the time of the request.

    Sec. 2.  Section 4 of chapter 422, Statutes of Nevada 1997, at page 1503, is hereby amended to read as follows:

                   Sec. 4.  1.  This section and section 3 of this act become effective on October 1, 1997.

                   2.  Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.

                   3.  Section 1 of this act becomes effective on [January 1, 2001.] October 1, 1999.

    Sec. 3.  This act becomes effective at 12:01 a.m. on October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 768ê

 

CHAPTER 131, SB 462

Senate Bill No. 462–Committee on Commerce and Labor

 

CHAPTER 131

 

AN ACT relating to insurance; changing the date by which an insurer must furnish proof of its entitlement to the credit against the insurance premium tax for maintaining a home office or regional home office in this state; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 680B.050 is hereby amended to read as follows:

    680B.050  1.  Except as otherwise provided in this section, a domestic or foreign insurer which owns and substantially occupies and uses any building in this state as its home office or as a regional home office [, as defined in subsection 2,] is entitled to the following credits against the tax otherwise imposed by NRS 680B.027:

    (a) An amount equal to 50 percent of the aggregate amount of the tax as determined under NRS 680B.025 to 680B.039, inclusive; and

    (b) An amount equal to the full amount of ad valorem taxes paid by the insurer during the calendar year next preceding the filing of the report required by NRS 680B.030, upon the home office or regional home office together with the land, as reasonably required for the convenient use of the office, upon which the home office or regional home office is situated.

These credits must not reduce the amount of tax payable to less than 20 percent of the tax otherwise payable by the insurer under NRS 680B.027.

    2.  [For the purposes of] As used in this section, a “regional home office” means an office of the insurer performing for an area covering two or more states, with a minimum of 25 employees on its office staff, the supervision, underwriting, issuing and servicing of the insurance business of the insurer.

    3.  The insurer shall , on or before March [1] 15 of each year , furnish proof to the satisfaction of the executive director of the department of taxation, on forms furnished by or acceptable to the executive director, as to its entitlement to the tax reduction provided for in this section. A determination of the executive director of the department of taxation pursuant to this section is not binding upon the commissioner for the purposes of NRS 682A.240.

    4.  An insurer is not entitled to the credits provided in this section unless:

    (a) The insurer owned the property upon which the reduction is based for the entire year for which the reduction is claimed; and

    (b) The insurer occupied at least 70 percent of the usable space in the building to transact insurance or the insurer is a general or limited partner and occupies 100 percent of its ownership interest in the building.

    5.  If two or more insurers under common ownership or management and control jointly own in equal interest, and jointly occupy and use such a home office or regional home office in this state for the conduct and administration of their respective insurance businesses as provided in this section, each of


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ê1999 Statutes of Nevada, Page 769 (Chapter 131, SB 462)ê

 

the insurers is entitled to the credits provided for by this section if otherwise qualified therefor under this section.

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

________

 

CHAPTER 132, SB 479

Senate Bill No. 479–Committee on Judiciary

 

CHAPTER 132

 

AN ACT relating to malpractice; providing for preferential scheduling of claims filed by claimants who are 70 years of age or older or who are critically ill; revising the provisions governing the admissibility at trial of certain findings of a screening panel; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 41A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a claimant is 70 years of age or older or suffers from an illness or condition which raises a substantial medical doubt that the claimant will survive until a determination is made by a screening panel, the claimant may file a written request with the division to give preference in scheduling the hearing of the claim filed by the claimant. The request must set forth facts showing that the claimant is 70 years of age or older or suffers from an illness or condition which raises a substantial medical doubt that the claimant will survive until a determination is made by a screening panel.

    2.  The division shall schedule the hearing of claims for which preference has been granted pursuant to subsection 1 based on the order in which the division received the requests for preference.

    Sec. 2.  NRS 41A.016 is hereby amended to read as follows:

    41A.016  1.  No cause of action involving medical or dental malpractice may be filed until the medical or dental malpractice case has been submitted to an appropriate screening panel and a determination made by such panel as provided in NRS 41A.003 to 41A.069, inclusive, and any action filed without satisfying the requirements of those sections is subject to dismissal without prejudice for failure to comply with this section.

    2.  [The] Except as otherwise provided in subsection 3, the written findings of the screening panel are admissible in any action concerning that complaint which is subsequently filed in district court. No other evidence concerning the screening panel or its deliberations is admissible and no member of the screening panel may be called to testify in any such action.

    3.  If the screening panel finds that it is unable to reach a decision on the issue of medical malpractice, the written findings of the screening panel are not admissible in any action concerning that complaint which is subsequently filed in district court.


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ê1999 Statutes of Nevada, Page 770 (Chapter 132, SB 479)ê

 

    Sec. 3.  NRS 41A.069 is hereby amended to read as follows:

    41A.069  1.  [In] Unless the written findings of the screening panel are not admissible pursuant to subsection 3 of NRS 41A.016, in any action for medical malpractice tried before a jury, the following instructions must be given:

    (a) If testimony of a medical expert was given at the review by the screening panel:

    During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based upon a review of medical records and the testimony of a medical expert based upon his review of those records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.

    (b) If testimony of a medical expert was not given at the review by the screening panel:

    During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based solely upon a review of the medical records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.

    2.  [In] Unless the written findings of the screening panel are not admissible pursuant to subsection 3 of NRS 41A.016, in any action for dental malpractice tried before a jury, the following instructions must be given:

    (a) If testimony of an expert witness was given at the review by the screening panel:

    During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based upon a review of dental records and the testimony of an expert witness based upon his review of those records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.

    (b) If testimony of an expert witness was not given at the review by the screening panel:

    During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based solely upon a review of the dental records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.

________

 


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ê1999 Statutes of Nevada, Page 771ê

 

CHAPTER 133, SB 484

Senate Bill No. 484–Committee on Judiciary

 

CHAPTER 133

 

AN ACT relating to records; ratifying the National Crime Prevention and Privacy Compact; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

    The National Crime Prevention and Privacy Compact is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:

 

Article I. Definitions

 

    As used in this Compact, the following definitions apply:

    (1) “Attorney General” means the Attorney General of the United States.

    (2) “Compact officer” means:

    (a) With respect to the Federal Government, an official so designated by the Director of the FBI; and

    (b) With respect to a party state, the chief administrator of the state’s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.

    (3) “Council” means the Compact Council established under Article VI.

    (4) “Criminal history record repository” means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state.

    (5) (a) “Criminal history records” means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release.

    (b) The term does not include identification information such as fingerprint records if the information does not indicate involvement of the individual with the criminal justice system.

    (6) “Criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.

    (7) (a) “Criminal justice agency” means:

         (i) Courts; and


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ê1999 Statutes of Nevada, Page 772 (Chapter 133, SB 484)ê

 

         (ii) A governmental agency or any subunit of an agency that performs the administration of criminal justice pursuant to a statute or executive order and allocates a substantial part of its annual budget to the administration of criminal justice.

    (b) The term includes federal and state inspector general offices.

    (8) “Criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

    (9) “Direct access” means access to the national identification index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

    (10) “Executive order” means an order of the President of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.

    (11) “FBI” means the Federal Bureau of Investigation.

    (12) (a) “III System” means the Interstate Identification Index System, which is the cooperative federal-state system for the exchange of criminal history records.

    (b) The term includes the national identification index, the national fingerprint file, and to the extent of their participation in the system, the criminal history record repositories of the states and the FBI.

    (13) “National fingerprint file” means a database of fingerprints or of other uniquely personal identifying information that relates to an arrested or charged individual and that is maintained by the FBI to provide positive identification of record subjects indexed in the III System.

    (14) “National identification index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.

    (15) “National indices” means the national identification index and the national fingerprint file.

    (16) “Noncriminal justice purposes” means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

    (17) “Nonparty state” means a state that has not ratified this Compact.

    (18) “Party state” means a state that has ratified this Compact.

    (19) “Positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, does not constitute positive identification.

    (20) “Sealed record information” means:

    (a) With respect to adults, that portion of a record that is:

         (i) Not available for criminal justice uses;


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ê1999 Statutes of Nevada, Page 773 (Chapter 133, SB 484)ê

 

         (ii) Not supported by fingerprints or other accepted means of positive identification; or

         (iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and

    (b) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.

    (21) “State” means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

 

Article II. Purposes

 

    The purposes of this Compact are to:

    (1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;

    (2) Require the FBI to permit use of the national identification index and the national fingerprint file by each party state and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;

    (3) Require party states to provide information and records for the national identification index and the national fingerprint file and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;

    (4) Provide for the establishment of a Council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and

    (5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.

 

Article III. Responsibilities of Compact Parties

 

    (1) The Director of the FBI shall:

    (a) Appoint an FBI Compact officer who shall:

         (i) Administer this Compact within the Department of Justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(3);

         (ii) Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under Article VI are complied with by the Department of Justice and the federal agencies and other agencies and organizations referred to in subsection (1)(a)(i) of this Article III; and


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ê1999 Statutes of Nevada, Page 774 (Chapter 133, SB 484)ê

 

         (iii) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies;

    (b) Provide to federal agencies and to state criminal history record repositories criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:

         (i) Information from nonparty states; and

         (ii) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System;

    (c) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV and ensure that the exchange of the records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and

    (d) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.

    (2) Each party state shall:

    (a) Appoint a Compact officer who shall:

         (i) Administer this Compact within that state;

         (ii) Ensure that Compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and

         (iii) Regulate the in-state use of records received by means of the III System from the FBI or from other party states;

    (b) Establish and maintain a criminal history record repository, which shall provide:

         (i) Information and records for the national identification index and the national fingerprint file; and

         (ii) The state’s III System-indexed criminal history records for noncriminal justice purposes described in Article IV;

    (c) Participate in the national fingerprint file; and

    (d) Provide and maintain telecommunications links and related equipment necessary to support the criminal justice services set forth in this Compact.

    (3) In carrying out their responsibilities under this Compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.

    (4) (a) Use of the III System for noncriminal justice purposes authorized in this Compact must be managed so as not to diminish the level of services provided in support of criminal justice purposes.

    (b) Administration of Compact provisions may not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.

 


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ê1999 Statutes of Nevada, Page 775 (Chapter 133, SB 484)ê

 

Article IV. Authorized Record Disclosures

 

    (1) To the extent authorized by section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974), the FBI shall provide on request criminal history records, excluding sealed record information, to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute which has been approved by the Attorney General and which authorizes national indices checks.

    (2) The FBI, to the extent authorized by section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974), and state criminal history record repositories shall provide criminal history records, excluding sealed record information, to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General, that explicitly authorizes national indices checks.

    (3) Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records and shall:

    (a) Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;

    (b) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and

    (c) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.

 

Article V. Record Request Procedures

 

    (1) Subject fingerprints or other approved forms of positive identification must be submitted with all requests for criminal history record checks for noncriminal justice purposes.

    (2) Each request for a criminal history record check utilizing the national indices made under any approved state statute must be submitted through that state’s criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if the request is transmitted through another state criminal history record repository or the FBI.

    (3) Each request for criminal history record checks utilizing the national indices made under federal authority must be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which the request originated. Direct access to the national identification index by entities other than the FBI and state criminal history records repositories may not be permitted for noncriminal justice purposes.


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ê1999 Statutes of Nevada, Page 776 (Chapter 133, SB 484)ê

 

 national identification index by entities other than the FBI and state criminal history records repositories may not be permitted for noncriminal justice purposes.

    (4) A state criminal history record repository or the FBI:

    (a) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and

    (b) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.

    (5) (a) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, must be forwarded to the FBI for a search of the national indices.

    (b) If, with respect to a request forwarded by a state criminal history record repository under subsection (5)(a), the FBI positively identifies the subject as having a III System-indexed record or records:

         (i) The FBI shall so advise the state criminal history record repository; and

         (ii) The state criminal history record repository is entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.

 

Article VI. Establishment of Compact Council

 

    (1) (a) There is established a Council to be known as the Compact Council, which has the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.

    (b) The Council shall:

         (i) Continue in existence as long as this Compact remains in effect;

         (ii) Be located, for administrative purposes, within the FBI; and

         (iii) Be organized and hold its first meeting as soon as practicable after the effective date of this Compact.

    (2) The Council must be composed of 15 members, each of whom must be appointed by the Attorney General, as follows:

    (a) Nine members, each of whom shall serve a 2-year term, who must be selected from among the Compact officers of party states based on the recommendation of the Compact officers of all party states, except that in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states must be eligible to serve on an interim basis;

    (b) Two at-large members, nominated by the Director of the FBI, each of whom shall serve a 3-year term, of whom:

         (i) One must be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI; and


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ê1999 Statutes of Nevada, Page 777 (Chapter 133, SB 484)ê

 

         (ii) One must be a representative of the noncriminal justice agencies of the Federal Government;

    (c) Two at-large members, nominated by the Chairman of the Council once the Chairman is elected pursuant to subsection (3) of this Article VI, each of whom shall serve a 3-year term, of whom:

         (i) One must be a representative of state or local criminal justice agencies; and

         (ii) One must be a representative of state or local noncriminal justice agencies;

    (d) One member who shall serve a 3-year term and who shall simultaneously be a member of the FBI’s advisory policy board on criminal justice information services, nominated by the membership of that policy board; and

    (e) One member, nominated by the Director of the FBI, who shall serve a 3-year term and who must be an employee of the FBI.

    (3) (a) From its membership, the Council shall elect a Chairman and a Vice Chairman of the Council. Both the Chairman and Vice Chairman of the Council:

         (i) Must be a Compact officer, unless there is no Compact officer on the Council who is willing to serve, in which case the Chairman may be an at-large member; and

         (ii) Shall serve 2-year terms and may be reelected to only one additional 2-year term.

    (b) The Vice Chairman of the Council shall serve as the Chairman of the Council in the absence of the Chairman.

    (4) (a) The Council shall meet at least once each year at the call of the Chairman. Each meeting of the Council must be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at the meeting.

    (b) A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of a committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.

    (5) The Council shall make available for public inspection and copying at the Council office within the FBI and shall publish in the Federal Register any rules, procedures, or standards established by the Council.

    (6) The Council may request from the FBI reports, studies, statistics, or other information or materials that the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide assistance or information upon a request.

    (7) The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.

 


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ê1999 Statutes of Nevada, Page 778 (Chapter 133, SB 484)ê

 

Article VII. Ratification of Compact

 

    This Compact takes effect upon being entered into by two or more states as between those states and the Federal Government. When additional states subsequently enter into this Compact, it becomes effective among those states and the Federal Government and each party state that has previously ratified it. When ratified, this Compact has the full force and effect of law within the ratifying jurisdictions. The form of ratification must be in accordance with the laws of the executing state.

 

Article VIII. Miscellaneous Provisions

 

    (1) Administration of this Compact may not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the advisory function of the FBI’s advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.

    (2) Nothing in this Compact requires the FBI to obligate or expend funds beyond those appropriated to the FBI.

    (3) Nothing in this Compact diminishes or lessens the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under Article VI(1), regarding the use and dissemination of criminal history records and information.

 

Article IX. Renunciation

 

    (1) This Compact shall bind each party state until renounced by the party state.

    (2) Any renunciation of this Compact by a party state must:

    (a) Be effected in the same manner by which the party state ratified this Compact; and

    (b) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the Federal Government.

Article X. Severability

 

    The provisions of this Compact are severable. If any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state or to the Constitution of the United States or if the applicability of any phrase, clause, sentence, or provision of this Compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability of the remainder of the Compact to any government, agency, person, or circumstance is not affected by the severability.

 


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

ê1999 Statutes of Nevada, Page 779 (Chapter 133, SB 484)ê

 

circumstance is not affected by the severability. If a portion of this Compact is held contrary to the constitution of any party state, all other portions of this Compact remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.

 

Article XI. Adjudication of Disputes

 

    (1) The Council:

    (a) Has initial authority to make determinations with respect to any dispute regarding:

         (i) Interpretation of this Compact;

         (ii) Any rule or standard established by the Council pursuant to Article VI; and

         (iii) Any dispute or controversy between any parties to this Compact; and

    (b) Shall hold a hearing concerning any dispute described in subsection (1)(a) at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. The decision must be published pursuant to the requirements of Article VI(5).

    (2) The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, to maintain system policy and standards, to protect the accuracy and privacy of records, and to prevent abuses until the Council holds a hearing on the matters.

    (3) The FBI or a party state may appeal any decision of the Council to the Attorney General and after that appeal may file suit in the appropriate District Court of the United States that has original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a state court must be removed to the appropriate District Court of the United States in the manner provided by section 1446 of Title 28, United States Code, or other statutory authority.

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

________

 

CHAPTER 134, SB 490

Senate Bill No. 490–Committee on Transportation

 

CHAPTER 134

 

AN ACT relating to the department of motor vehicles and public safety; creating a revolving account to pay for the cost of issuing special license plates; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The revolving account for the issuance of special license plates is hereby created as a special account in the motor vehicle fund. Twenty-five percent of the fee received by the department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the motor vehicle fund for credit to the account.


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

ê1999 Statutes of Nevada, Page 780 (Chapter 134, SB 490)ê

 

percent of the fee received by the department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the motor vehicle fund for credit to the account.

    2.  The department shall use the money in the account to pay the expenses involved in issuing special license plates.

    3.  Money in the account must be used only for the purpose specified in subsection 2.

    4.  At the end of each fiscal year, the state controller shall transfer from the account to the state highway fund an amount of money equal to the balance in the account which exceeds $50,000.

    Sec. 2.  NRS 408.235 is hereby amended to read as follows:

    408.235  1.  There is hereby created the state highway fund.

    2.  Except as otherwise provided in subsection 7 of NRS 482.180 [,] and section 1 of this act, the proceeds from the imposition of any [license] :

    (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state ; and [the proceeds from the imposition of any excise]

    (b) Excise tax on gasoline or other motor vehicle fuel ,

must be deposited in the state highway fund and must, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

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

    4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

    5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

    6.  All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the director and must be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 


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

ê1999 Statutes of Nevada, Page 781ê

 

CHAPTER 135, AB 648

Assembly Bill No. 648–Committee on Judiciary

 

CHAPTER 135

 

AN ACT relating to actions concerning persons; authorizing the attorney general to represent a justice of the peace or municipal judge under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  The attorney general may provide for the defense, including, without limitation, the defense of cross-claims and counterclaims, of any present or former justice of the peace or municipal judge in any civil action brought against that person based on an alleged act or omission relating to his public duties or employment if:

    1.  The justice of the peace or municipal judge has requested representation by the official attorney of the political subdivision pursuant to NRS 41.0339;

    2.  The official attorney has:

    (a) Failed to determine whether to tender the defense pursuant to NRS 41.03415, and an answer or other responsive pleading must be filed within 10 days;

    (b) Determined not to tender the defense pursuant to NRS 41.03415; or

    (c) Determined that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by the official attorney, but the official attorney has not:

         (1) Employed special counsel pursuant to NRS 41.0344;

         (2) Tendered the defense to an insurer who is authorized to defend the action pursuant to a contract of insurance, pursuant to NRS 41.0345; or

         (3) Requested the attorney general to provide the defense pursuant to this section;

    3.  The justice of the peace or municipal judge submits a written request for defense to the attorney general and a copy of the request to the office of the court administrator, or the official attorney, after determining that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by the official attorney, submits a written request for defense to the attorney general and a copy of the request to the office of the court administrator; and

    4.  The attorney general determines that the act or omission on which the action is based appears to be within the course and scope of the public duty or employment of the justice of the peace or municipal judge and appears to have been performed or omitted in good faith.


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

ê1999 Statutes of Nevada, Page 782 (Chapter 135, AB 648)ê

 

    Sec. 3.  If the attorney general defends an action pursuant to section 2 of this act, the political subdivision that employed the justice of the peace or municipal judge at the time the act or omission on which the action is based occurred shall pay the cost of legal representation provided by the attorney general.

    Sec. 4.  1.  If a request for the defense of a justice of the peace or municipal judge is submitted to the attorney general pursuant to section 2 of this act, the attorney general shall determine as promptly as possible whether to tender the defense of the justice of the peace or municipal judge. Until the attorney general makes the determination, he shall take appropriate action to defend or otherwise protect the time of the justice of the peace or municipal judge to file a responsive pleading.

    2.  After determining whether to tender the defense of the justice of the peace or municipal judge, the attorney general shall, as promptly as possible, give written notice of the determination to the justice of the peace or municipal judge and the political subdivision that employed that person at the time the act or omission on which the action is based occurred.

    Sec. 5.  NRS 41.0338 is hereby amended to read as follows:

    41.0338  As used in NRS 41.0339 to 41.0349, inclusive, and sections 2, 3 and 4 of this act, “official attorney” means:

    1.  The attorney general, in an action which involves a present or former legislator, officer or employee of this state, immune contractor or member of a state board or commission.

    2.  The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves a present or former officer or employee of that political subdivision or a present or former member of a local board or commission.

    Sec. 6.  NRS 41.0345 is hereby amended to read as follows:

    41.0345  The attorney general if he is defending an action pursuant to section 2 of this act or the official attorney may provide for the defense of any person who is entitled to a defense from the state or political subdivision by tendering the defense to an insurer who, pursuant to a contract of insurance, is authorized to defend the action.

    Sec. 7.  NRS 41.0346 is hereby amended to read as follows:

    41.0346  1.  At any time after the attorney general, if he is defending an action pursuant to section 2 of this act, or the official attorney has appeared in any civil action and commenced to defend any person sued as a public officer, employee, immune contractor, member of a board or commission, or legislator, the attorney general or official attorney may apply to any court to withdraw as the attorney of record for that person based upon:

    (a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense;

    (b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred;

    (c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake;


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

ê1999 Statutes of Nevada, Page 783 (Chapter 135, AB 648)ê

 

    (d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or employment or was wanton or malicious;

    (e) Failure of the defendant to cooperate in good faith with the defense of the case; or

    (f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the state or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the defendant’s public duty or employment.

    2.  If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the attorney general or official attorney, the state or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw.

    Sec. 8.  This act becomes effective on July 1, 1999 and expires by limitation on June 30, 2001.

________

 

CHAPTER 136, AB 416

Assembly Bill No. 416–Committee on Ways and Means

 

CHAPTER 136

 

AN ACT relating to state financial administration; making appropriations to the benefit services fund from the state general fund and the state highway fund; requiring an assessment of certain state agencies for deposit in the benefit services fund; and providing other matters properly relating thereto.

 

[Approved May 14, 1999]

 

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 benefit services fund, created pursuant to NRS 287.0435, the sum of $6,970,765 for anticipated expenses of the fund for fiscal year 1999.

    Sec. 2.  There is hereby appropriated from the state highway fund to the benefit services fund, created pursuant to NRS 287.0435, the sum of $1,797,547 for anticipated expenses of the fund for fiscal year 1999.

    Sec. 3.  1.  The Budget Division of the Department of Administration shall assess state agencies whose budgets include the expenditure of money received from the Federal Government and from any other sources other than appropriation from the state general fund or the state highway fund at the rate of $1,208 per employee, not to exceed a total of $7,230,494, for deposit in the benefit services fund, created pursuant to NRS 287.0435, for anticipated expenses of the fund for fiscal year 1999.

    2.  Notwithstanding the provisions of NRS 353.220, each agency that receives an assessment made pursuant to subsection 1 shall revise such work programs as necessary to pay the assessment as soon as practicable.

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

________

 


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

ê1999 Statutes of Nevada, Page 784ê

 

CHAPTER 137, SB 542

Senate Bill No. 542–Committee on Government Affairs

 

CHAPTER 137

 

AN ACT relating to land use; revising provisions governing the notice and hearing requirements for land use regulations, restrictions and exceptions to allow notice by electronic means in certain circumstances; revising provisions relating to the merger and resubdivision of subdivided lands; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  As used in NRS 278.480 to 278.4965, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, “contiguous” means either abutting directly on the boundary or separated by a street, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation.

    Sec. 3.  1.  An owner or governing body that owns two or more contiguous parcels may merge and resubdivide the land into new parcels or lots without reverting the preexisting parcels to acreage pursuant to NRS 278.490.

    2.  Parcels merged without reversion to acreage pursuant to this section must be resubdivided and recorded on a final map, parcel map or map of division into large parcels, as appropriate, in accordance with NRS 278.320 to 278.4725, inclusive, and any applicable local ordinances. The recording of the resubdivided parcels or lots on a final map, parcel map or map of division into large parcels, as appropriate, constitutes the merging of the preexisting parcels into a single parcel and the simultaneous resubdivision of that single parcel into parcels or lots of a size and description set forth in the final map, parcel map or map of division into large parcels, as appropriate.

    3.  With respect to a merger and resubdivision of parcels pursuant to this section, the owner or governing body conducting the merger and resubdivision shall ensure that streets, easements and utility easements, whether public or private, that will remain in effect after the merger and resubdivision, are delineated clearly on the final map, parcel map or map of division into large parcels, as appropriate, on which the merger and resubdivision is recorded.

    4.  If a governing body required an owner or governing body to post security to secure the completion of improvements to two or more contiguous parcels and those improvements will not be completed because of a merger and resubdivision conducted pursuant to this section, the governing body shall credit on a pro rata basis the security posted by the owner or governing body toward the same purposes with respect to the parcels as merged and resubdivided.


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ê1999 Statutes of Nevada, Page 785 (Chapter 137, SB 542)ê

 

    Sec. 4.  NRS 278.260 is hereby amended to read as follows:

    278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

    2.  A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

    (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and

    (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

    3.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent [by mail] at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

    (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. [It] The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.

    4.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent [by mail] at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;

    (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. [It] The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.


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ê1999 Statutes of Nevada, Page 786 (Chapter 137, SB 542)ê

 

time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.

    5.  [The exterior of the notice mailed] If a notice is required to be sent pursuant to subsection 4 :

    (a) The exterior of a notice sent by mail; or

    (b) The cover sheet, heading or subject line of a notice sent by electronic means,

must bear a statement [printed] in at least 10-point bold type or font in substantially the following form:

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

    6.  In addition to [mailing] sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing zoning designation of the property in question;

    (b) The proposed zoning designation of the property in question;

    (c) The date, time and place of the public hearing;

    (d) A telephone number which may be used by interested persons to obtain additional information; and

    (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

    7.  A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    8.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    9.  The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    Sec. 5.  NRS 278.315 is hereby amended to read as follows:

    278.315  1.  The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.


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ê1999 Statutes of Nevada, Page 787 (Chapter 137, SB 542)ê

 

    2.  A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent [by mail] at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner of real property located within 300 feet of the property in question;

    (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. [It] The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    3.  If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent [by mail] at least 10 days before the hearing to each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. [It] The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    4.  An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board of adjustment, planning commission or hearing examiner to the governing body.

    5.  In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to [mailing] sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing permitted use and zoning designation of the property in question;

    (b) The proposed permitted use of the property in question;


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ê1999 Statutes of Nevada, Page 788 (Chapter 137, SB 542)ê

 

    (c) The date, time and place of the public hearing; and

    (d) A telephone number which may be used by interested persons to obtain additional information.

    6.  A sign required pursuant to subsection 5 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    7.  A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 5, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    8.  The governing body shall remove or cause to be removed any sign required by subsection 5 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    Sec. 6.  NRS 278.378 is hereby amended to read as follows:

    278.378  1.  A final map presented to the county recorder for filing must include a certificate by the clerk of the governing body or planning commission , or the director of planning or other authorized person or agency if authorized to take final action by the governing body, stating that [it approved] the governing body, planning commission, director of planning or other authorized person or agency:

    (a) Approved the map [and accepted] ;

    (b) Accepted or rejected on behalf of the public any parcel of land offered for dedication for public use in conformity with the terms of the offer of dedication [.] ; and

    (c) If applicable, determined that a public street, easement or utility easement that will not remain in effect after a merger and resubdivision of parcels conducted pursuant to section 3 of this act, has been vacated or abandoned in accordance with NRS 278.480.

    2.  The director of planning or, if there is no director of planning, the clerk of the governing body shall certify on the final map that it substantially complies with the tentative map and all conditions have been met.

    3.  The clerk of the governing body or planning commission shall cause the approved final map to be presented to the county recorder for filing.

    Sec. 7.  NRS 278.464 is hereby amended to read as follows:

    278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

    2.  If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days, after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map.


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ê1999 Statutes of Nevada, Page 789 (Chapter 137, SB 542)ê

 

after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

    3.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

    4.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the date of the request for the waiver, or, in the absence of action, the waiver shall be deemed approved.

    5.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the date the appeal is filed.

    6.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to section 3 of this act, has been vacated or abandoned in accordance with NRS 278.480.


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ê1999 Statutes of Nevada, Page 790 (Chapter 137, SB 542)ê

 

utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to section 3 of this act, has been vacated or abandoned in accordance with NRS 278.480.

    Sec. 8.  NRS 278.4725 is hereby amended to read as follows:

    278.4725  1.  Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

    2.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

    3.  An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

    (a) In a county whose population is 40,000 or more, within 45 days; or

    (b) In a county whose population is less than 40,000, within 60 days,

after the date on which the appeal is filed.

    4.  If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.

    5.  If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:

    (a) Each lot contains an access road that is suitable for use by emergency vehicles; and


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ê1999 Statutes of Nevada, Page 791 (Chapter 137, SB 542)ê

 

    (b) The corners of each lot are set by a professional land surveyor.

    6.  If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.

    7.  Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

    (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

    (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

    8.  The map filed with the county recorder must include:

    (a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.

    (b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to section 3 of this act, has been vacated or abandoned in accordance with NRS 278.480.

    (c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

    9.  A governing body may by local ordinance require a final map to include:

    (a) A report from a title company which lists the names of:

         (1) Each owner of record of the land to be divided; and

         (2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.

    (b) The signature of each owner of record of the land to be divided.

    (c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:

         (1) The final map; or

         (2) A separate document that is filed with the final map and declares his consent to the division of land.

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


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ê1999 Statutes of Nevada, Page 792 (Chapter 137, SB 542)ê

 

    11.  The county recorder shall charge and collect for recording the map a fee of not more than $35 per page set by the board of county commissioners.

    Sec. 9.  NRS 278.490 is hereby amended to read as follows:

    278.490  1.  [Any] Except as otherwise provided in section 3 of this act, an owner or governing body desiring to revert any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to revert the map or portion thereof, or to revert more than one map recorded under the same tentative map if the parcels to be reverted are contiguous, shall submit a written application accompanied by a map of the proposed reversion which contains the same survey dimensions as the recorded map or maps to the governing body or, if authorized by local ordinance, to the planning commission or other authorized person. The application must describe the requested changes.

    2.  At its next meeting, or within a period of not more than 30 days after the filing of the map of reversion, whichever occurs later, the governing body or, if authorized by local ordinance, the planning commission or other authorized person shall review the map and approve, conditionally approve or disapprove it.

    3.  Except for the provisions of this section, NRS 278.4955, 278.496 and 278.4965 and any provision or local ordinance relating to the payment of fees in conjunction with filing, recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of reversion of a former map or for reversion of any division of land to acreage.

    4.  Upon approval of the map of reversion, it must be recorded in the office of the county recorder. The county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.

    [5.  As used in this section, “contiguous” means either abutting directly on the boundary or separated by a street, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation.]

________

 

CHAPTER 138, SB 517

Senate Bill No. 517–Committee on Finance

 

CHAPTER 138

 

AN ACT making a supplemental appropriation to the Department of Motor Vehicles and Public Safety for additional expenses for the registration of motor vehicles; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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 highway fund to the Department of Motor Vehicles and Public Safety the sum of $321,570 for additional expenses for the registration of motor vehicles. This appropriation is supplemental to that made by section 27 of chapter 244, Statutes of Nevada 1997, at page 860.


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ê1999 Statutes of Nevada, Page 793 (Chapter 138, SB 517)ê

 

is supplemental to that made by section 27 of chapter 244, Statutes of Nevada 1997, at page 860.

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

________

 

CHAPTER 139, SB 529

Senate Bill No. 529–Committee on Government Affairs

 

CHAPTER 139

 

AN ACT relating to general improvement districts; requiring segregation by the category of the use of the proceeds from property taxes levied within a district; clarifying that a board of trustees of a district may not continue the levy of tax that is used for capital expenditures or debt service on general obligations after those amounts are paid in full; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 318.230 is hereby amended to read as follows:

    318.230  1.  To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and together with other revenues, will raise the amount required by the district annually to supply [funds] money for paying :

    (a) The expenses of organization and the costs of [acquiring,] operating and maintaining the works and equipment of the district [, and promptly to pay in full,] ; and

    (b) The costs of acquiring the works and equipment of the district and, when due, all interest on and principal of general obligation bonds and other general obligations of the district.

In the event of accruing defaults or deficiencies, an additional levy may be made as provided in NRS 318.235. The board shall identify separately the rate of tax which is levied pursuant to paragraph (a) and the rate which is levied pursuant to paragraph (b) and shall make such information available to the public upon request. The board shall not continue to levy a rate of tax pursuant to paragraph (b) after the cost to the district of acquiring the particular work or equipment for which the rate was levied has been recovered in full.

    2.  The board shall certify to the board of county commissioners, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

    Sec. 2.  NRS 318.235 is hereby amended to read as follows:

    318.235  1.  The board, in certifying annual levies, shall take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.


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ê1999 Statutes of Nevada, Page 794 (Chapter 139, SB 529)ê

 

such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.

    2.  In case the [moneys] money produced from such levies, together with other revenues of the district, [are] is not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes [shall] must be made and continue to be levied until the general obligation indebtedness of the district [shall be] is fully paid [.] but must not continue after that date.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 140, SB 218

Senate Bill No. 218–Senator Schneider (by request)

 

CHAPTER 140

 

AN ACT relating to professions; revising the definition of “practice of marriage and family therapy”; authorizing the board of examiners for marriage and family therapists to issue subpoenas for the attendance of witnesses and the production of books and papers; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The board or any member thereof may issue subpoenas for the attendance of witnesses and the production of books and papers.

    2.  The district court, in and for the county in which any hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the board.

    3.  If any witness refuses to attend or testify or produce any books or papers required by a subpoena, the board may file a petition ex parte with the district court, setting forth that:

    (a) Notice has been given of the time and place for the attendance of the witness or the production of the books or papers;

    (b) The witness has been subpoenaed by the board pursuant to this section;

    (c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing; and

    (d) The board therefore requests an order of the court compelling the witness to attend and testify or produce the books or papers before the board.


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ê1999 Statutes of Nevada, Page 795 (Chapter 140, SB 218)ê

 

    4.  The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and then and there to show cause why he has not attended or testified or produced the books or papers before the board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.

    5.  If the court determines that the subpoena was regularly issued by the board, the court shall thereupon enter an order that the witness appear before the board at the time and place fixed in the order, and testify or produce the required books or papers. Failure to obey the order is a contempt of the court that issued the order.

    Sec. 2.  NRS 641A.080 is hereby amended to read as follows:

    641A.080  1.  “Practice of marriage and family therapy” means the application of established principles of learning, motivation, perception, thinking, emotional, marital and sexual relationships and adjustments by persons trained in psychology, social work, psychiatry or marriage and family therapy. The application of [such] these principles includes:

    [1.  Therapy and]

    (a) Diagnosis, therapy, treatment, counseling and the use of psychotherapeutic measures with persons or groups with adjustment problems in the areas of marriage, family or personal relationships.

    [2.  Doing research on]

    (b) Conducting research concerning problems related to marital relationships and human behavior.

    [3.] (c) Consultation with [others doing] other persons engaged in the practice of marriage and family therapy if the consultation is determined by the board to include the application of any of these principles.

    2.  The term does not include:

    (a) The diagnosis or treatment of a psychotic disorder; or

    (b) The use of a psychological or psychometric assessment test to determine intelligence, personality, aptitude, interests or addictions.

    Sec. 3.  NRS 641A.320 is hereby amended to read as follows:

    641A.320  The board may discipline the holder of any license whose default has been entered or who has been heard by the board and found guilty, by any of the following methods:

    1.  Placing him upon probation for a period to be determined by the board.

    2.  Suspending his license for not more than 1 year.

    3.  Revoking his license.

    4.  Administering a private or public reprimand.

    5.  Limiting his practice.

    6.  Imposing an administrative fine of not more than $5,000.

    7.  Requiring him to complete successfully another examination.

    8.  Requiring him to pay the costs incurred by the board to conduct the hearing.

________

 


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ê1999 Statutes of Nevada, Page 796ê

 

CHAPTER 141, AB 129

Assembly Bill No. 129–Committee on Government Affairs

 

CHAPTER 141

 

AN ACT relating to public investments; revising certain limitations on the investment of state money; revising certain limitations on the investment of money in the trust fund for prepaid tuition; authorizing the state treasurer to employ investment and financial advisers; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 353B.160 is hereby amended to read as follows:

    353B.160  1.  The board shall create a comprehensive plan that specifies the policies for investment which the state treasurer shall follow in his administration of the trust fund.

    2.  The board may authorize the state treasurer to invest the property of the trust fund in:

    (a) A bond, note, certificate or other general obligation of the State of Nevada, or of a county, city, general improvement district or school district of the State of Nevada.

    (b) A corporate bond of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States with a rating not lower than [“BAA/BBB”] “A” or its equivalent by a nationally recognized rating service. The total amount invested in such bonds must not exceed [5] 50 percent of the book value of the total fixed income investments of the trust fund.

    (c) Commercial paper of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States or of a wholly owned subsidiary of such a corporation with a rating not lower than A-3 or P-3 by a nationally recognized rating service.

    (d) A bond, note, debenture or other valid obligation that is issued by the Treasury of the United States.

    (e) A bond, note, debenture or other security that is issued by an agency or instrumentality of the United States or that is fully guaranteed by the United States in:

         (1) The Federal Farm Credit Bank;

         (2) The Federal National Mortgage Association;

         (3) The Federal Home Loan Bank; [or]

         (4) The Federal Home Loan Mortgage Corporation [.] ; or

         (5) The Government National Mortgage Association.

    (f) A bond, note, debenture or other security in the Student Loan Marketing Association, regardless of whether it is guaranteed by the United States.

    (g) Collateralized mortgage obligations that are rated “AAA” or its equivalent by a nationally recognized rating service.

    (h) Asset-backed securities that are rated “AAA” or its equivalent by a nationally recognized rating service.

    (i) Money market mutual funds that:


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ê1999 Statutes of Nevada, Page 797 (Chapter 141, AB 129)ê

 

         (1) Are registered with the Securities and Exchange Commission;

         (2) Are rated by a nationally recognized rating service as “A” or its equivalent, or better; and

         (3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.

The total dollar amount invested in such mutual funds must not exceed 20 percent of the total dollar amount of the trust fund that is invested.

    [(h)] (j) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:

         (1) The stock of the corporation is:

             (I) Listed on a national stock exchange; or

             (II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);

         (2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;

         (3) The maximum investment in stock is not greater than 60 percent of the book value of the total investments of the trust fund;

         (4) [The] Except for investments made pursuant to paragraph (m), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the trust fund; and

         (5) [The] Except for investments made pursuant to paragraph (m), the total amount of shares owned by the trust fund is not greater than 5 percent of the outstanding stock of a single corporation.

    [(i)] (k) A covered call or put option on securities that are traded on one or more of the regulated exchanges in the United States.

    [(j)] (l) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the board as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the trust fund.

    (m) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to (l), inclusive.

    3.  The state treasurer shall exercise the standard of care in investing the property of the fund that a person of prudence, discretion and intelligence would exercise in the management of his own affairs, given the prevailing circumstances, not in regard to speculation but rather to the permanent disposition of the property, considering the potential income from and the probable safety of his capital.

    4.  Subject to the terms, conditions, limitations and restrictions set forth in this section, the state treasurer may sell, assign, transfer or dispose of the property and investments of the trust fund upon the approval of a majority of the board.

    5.  The assets of the trust fund:


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

ê1999 Statutes of Nevada, Page 798 (Chapter 141, AB 129)ê

 

    (a) Must be maintained, invested and expended solely for the purposes of this chapter; and

    (b) Must not be loaned, transferred or otherwise used for a purpose other than the purposes of this chapter.

    6.  The state treasurer shall credit any income derived from an investment or a gain from a sale or exchange of an investment to the trust fund.

    7.  The state treasurer shall acquire each investment for the trust fund at a price not to exceed the prevailing market value for such an investment.

    8.  Each investment in the trust fund must be clearly marked to indicate ownership by the trust fund.

    9.  The state treasurer, an employee of the state treasurer, or a member or employee of the board shall not:

    (a) Have a direct or indirect interest in the income, gain or profit of an investment that the state treasurer makes;

    (b) Receive pay or emolument for his services in connection with an investment that the state treasurer makes; or

    (c) Become an endorser, surety or obligor for money that is borrowed from the trust fund.

    10.  If the annual actuarial study performed pursuant to NRS 353B.190 reveals that there is insufficient money to ensure the actuarial soundness of the trust fund, the board shall modify the terms of subsequent prepaid tuition contracts.

    11.  The terms, conditions, limitations and restrictions regarding investments of the trust fund listed in this section apply only at the time an investment is originally acquired and must not be construed to require the liquidation of an investment at any time.

    Sec. 2.  NRS 355.140 is hereby amended to read as follows:

    355.140  1.  In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:

    (a) Bonds and certificates of the United States;

    (b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;

    (c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;

    (d) Bonds of this state or other states of the Union;

    (e) Bonds of any county of this state or of other states;

    (f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

    (g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over [and above] all other obligations of the districts;


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

ê1999 Statutes of Nevada, Page 799 (Chapter 141, AB 129)ê

 

to render the bonds financially sound over [and above] all other obligations of the districts;

    (h) Bonds of school districts within this state;

    (i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:

         (1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and

         (2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;

    (j) Medium-term obligations for counties, cities and school districts authorized pursuant to chapter 350 of NRS;

    (k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;

    (l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;

    (m) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations;

    (n) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days’ maturity, and may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined on the date of purchase;

    (o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

         (1) At the time of purchase has a remaining term to maturity of no more than 270 days; and

         (2) Is rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;


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

ê1999 Statutes of Nevada, Page 800 (Chapter 141, AB 129)ê

 

    (p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:

         (1) Are purchased from a registered broker-dealer;

         (2) At the time of purchase have a remaining term to maturity of no more than [3] 5 years; and

         (3) Are rated by a nationally recognized rating service as “A” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total par value of the portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;

    (q) Money market mutual funds which:

         (1) Are registered with the Securities and Exchange Commission;

         (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

         (3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities; [and]

    (r) Collateralized mortgage obligations that are rated by a nationally recognized rating service as “AAA” or its equivalent [.] ; and

    (s) Asset-backed securities that are rated by a nationally recognized rating service as “AAA” or its equivalent.

    2.  Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:

    (a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:

         (1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;

         (2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and

         (3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.

    (b) In all repurchase agreements:

         (1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;


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

ê1999 Statutes of Nevada, Page 801 (Chapter 141, AB 129)ê

 

         (2) The state must enter into a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

             (I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;

             (II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;

             (III) Hold the securities separate from the assets of the custodian; and

             (IV) Report periodically to the state concerning the market value of the securities;

         (3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;

         (4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and

         (5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.

    3.  As used in subsection 2:

    (a) “Counterparty” means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:

         (1) A registered broker-dealer;

         (2) Designated by the Federal Reserve Bank of New York as a “primary” dealer in United States government securities; and

         (3) In full compliance with all applicable capital requirements.

    (b) “Repurchase agreement” means a purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

    4.  No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or chapters 616A to 616D, inclusive, of NRS.

    Sec. 3.  NRS 226.110 is hereby amended to read as follows:

    226.110  The state treasurer:

    1.  Shall receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.

    2.  Shall receipt to the state controller for all money received, from whatever source, at the time of receiving it.

    3.  Shall establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.

    4.  May employ any necessary investment and financial advisers to render advice and other services in connection with the investment of money of the state.

    5.  Shall disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered [,] and paid in the order of their registry. The state treasurer may use any sampling or post-audit technique, or both, which he considers reasonable to verify the proper distribution of warrants.


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

ê1999 Statutes of Nevada, Page 802 (Chapter 141, AB 129)ê

 

    [5.] 6.  Shall keep a just, true and comprehensive account of all money received and disbursed.

    [6.] 7.  Shall deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.

    [7.] 8.  Shall fix, charge and collect reasonable fees for:

    (a) Investing the money in any fund or account which is credited for interest earned on money deposited in it; and

    (b) Special services rendered to other state agencies or to members of the public which increase the cost of operating his office.

    [8.] 9.  Serves as the primary representative of the state in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

    [9.] 10.  Is directly responsible for the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive. The state treasurer shall issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.

    [10.] 11.  May organize and facilitate statewide pooled financing programs, including lease purchases, for the benefit of the state and any political subdivision, including districts organized pursuant to NRS 450.550 to 450.750, inclusive, and chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS.

    Sec. 4.  Section 3 of Assembly Bill No. 128 of this session is hereby amended to read as follows:

   Sec. 3.  NRS 226.110 is hereby amended to read as follows:

     226.110  The state treasurer:

     1.  Shall receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.

     2.  Shall receipt to the state controller for all money received, from whatever source, at the time of receiving it.

     3.  Shall establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.

     4.  May employ any necessary investment and financial advisers to render advice and other services in connection with the investment of money of the state.

     5.  Shall disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered and paid in the order of their registry. The state treasurer may use any sampling or post-audit technique, or both, which he considers reasonable to verify the proper distribution of warrants.

     6.  Shall keep a just, true and comprehensive account of all money received and disbursed.


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

ê1999 Statutes of Nevada, Page 803 (Chapter 141, AB 129)ê

 

     7.  Shall deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.

     8.  Shall fix, charge and collect reasonable fees for:

     (a) Investing the money in any fund or account which is credited for interest earned on money deposited in it; and

     (b) Special services rendered to other state agencies or to members of the public which increase the cost of operating his office.

     9.  Serves as the primary representative of the state in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

     10.  Is directly responsible for the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive. The state treasurer [shall] :

     (a) Shall issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.

     (b) May, except as otherwise provided in NRS 538.206, employ necessary legal, financial or other professional services in connection with the authorization, sale or issuance of such an obligation.

   11.  May organize and facilitate statewide pooled financing programs, including lease purchases, for the benefit of the state and any political subdivision, including districts organized pursuant to NRS 450.550 to 450.750, inclusive, and chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS.

    Sec. 5.  1.  This act becomes effective upon passage and approval.

    2.  The amendatory provisions of section 1 of this act expire by limitation when the board notifies the governor pursuant to subsection 1 of section 24 of chapter 687, Statutes of Nevada 1997, that it has performed all duties and obligations pursuant to any prepaid tuition contract entered into before July 1, 2001.

________

 


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

ê1999 Statutes of Nevada, Page 804ê

 

CHAPTER 142, AB 175

Assembly Bill No. 175–Committee on Ways and Means

 

CHAPTER 142

 

AN ACT making an appropriation to restore the balance in the reserve for statutory contingency account; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

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 reserve for statutory contingency account, created by NRS 353.264, the sum of $752,114 to restore the balance in the account to approximately $1,500,000.

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

________

 

CHAPTER 143, AB 322

Assembly Bill No. 322–Committee on Ways and Means

 

CHAPTER 143

 

AN ACT making an appropriation to the Legislative Counsel Bureau for the reproduction of older volumes of Nevada Reports; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the legislative fund created by NRS 218.085 the sum of $76,350 for the cost of reproducing volumes of Nevada Reports that are out of print or of limited supply, pursuant to NRS 345.025.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, 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.

________

 


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

ê1999 Statutes of Nevada, Page 805ê

 

CHAPTER 144, AB 441

Assembly Bill No. 441–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 144

 

AN ACT relating to state parks; revising the provisions governing the expenditure of money from the account for the repair and maintenance of state parks, monuments and recreational areas; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 407.0762 is hereby amended to read as follows:

    407.0762  1.  The account for maintenance of state parks within the division of state parks is hereby created in the state general fund. Except as otherwise provided in NRS 407.0765, any amount of fees collected pursuant to subsection 4 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the division’s budget for the fiscal year beginning in that calendar year, must be deposited in the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

    2.  The money in the account does not lapse to the state general fund at the end of any fiscal year.

    3.  The money deposited in the account pursuant to subsection 1 must only be used to repair and maintain state parks, monuments and recreational areas.

    4.  Before the administrator may expend money pursuant to subsection 3:

    (a) For emergency repairs [,] and projects with a cost of less than $25,000, he must first receive the approval of the director.

    (b) For [purposes] projects with a cost of $25,000 or more, other than emergency repairs, he must first receive the approval of the director and of the interim finance committee.

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 


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

ê1999 Statutes of Nevada, Page 806ê

 

CHAPTER 145, AB 587

Assembly Bill No. 587–Committee on Government Affairs

 

CHAPTER 145

 

AN ACT relating to state financial administration; authorizing a temporary advance from the state general fund to the Western Interstate Commission for Higher Education’s fund for student loans; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the three commissioners from the State of Nevada on the Western Interstate Commission for Higher Education, acting jointly, determine that current claims against the Western Interstate Commission for Higher Education’s fund for student loans created pursuant to NRS 397.063 exceed the amount of money available in the fund to pay the claims because of a delay in the receipt of revenue due the fund, the commissioners may request from the director of the department of administration a temporary advance from the state general fund to the Western Interstate Commission for Higher Education’s fund for student loans for the payment of authorized expenses.

    2.  If the director of the department of administration approves a request made pursuant to subsection 1, he shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of that approval. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.

    3.  An advance from the state general fund is limited to 50 percent of the revenue expected to be received by the Western Interstate Commission for Higher Education’s fund for student loans in the current fiscal year from any source other than legislative appropriation.

    4.  Any money that is temporarily advanced from the state general fund pursuant to subsection 2 must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.

________


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

ê1999 Statutes of Nevada, Page 807ê

 

CHAPTER 146, AB 630

Assembly Bill No. 630–Committee on Government Affairs

 

CHAPTER 146

 

AN ACT relating to the residential construction tax; including areas for organized amateur sports in the types of facilities for which money from the tax may be expended; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 278.4983 is hereby amended to read as follows:

    278.4983  1.  The city council of any city or the board of county commissioners of any county which has adopted a master plan and recreation plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for neighborhood parks may, by ordinance, impose a residential construction tax pursuant to this section.

    2.  If imposed, the residential construction tax must be imposed on the privilege of constructing apartment houses and residential dwelling units and developing mobile home lots in the respective cities and counties. The rate of the tax must not exceed 1 percent of the valuation of each building permit issued, or $1,000 per residential dwelling unit or mobile home lot, whichever is less. For the purpose of the residential construction tax, the city council of the city or the board of county commissioners of the county shall adopt an ordinance basing the valuation of building permits on the actual costs of residential construction in the area.

    3.  The purpose of the tax is to raise revenue to enable the cities and counties to provide neighborhood parks and facilities for parks which are required by the residents of those apartment houses, mobile homes and residences.

    4.  An ordinance enacted pursuant to subsection 1 must establish the procedures for collecting the tax, set its rate, and determine the purposes for which the tax is to be used, subject to the restrictions and standards provided in this chapter. The ordinance must, without limiting the general powers conferred in this chapter, also include:

    (a) Provisions for the creation, in accordance with the applicable master plan, of park districts which would serve neighborhoods within the city or county.

    (b) A provision for collecting the tax at the time a building permit for the construction of any apartment houses, residential dwelling units or mobile home lots is issued.

    5.  All of the residential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners, and all interest accrued on the money, must be placed with the city treasurer or county treasurer in a special fund. Except as otherwise provided in subsection 6, the money in the fund may only be used for the acquisition, improvement and expansion of neighborhood parks or the installation of facilities in existing or neighborhood parks in the city or county.


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

ê1999 Statutes of Nevada, Page 808 (Chapter 146, AB 630)ê

 

county. Money in the fund must be expended for the benefit of the neighborhood from which it was collected.

    6.  If a neighborhood park has not been developed or facilities have not been installed in an existing park in the park district created to serve the neighborhood in which the subdivision or development is located within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first became occupied, all money paid by the subdivider or developer, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis.

    7.  The limitation of time established pursuant to subsection 6 is suspended for any period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the development of a park or installation of facilities.

    8.  For the purposes of this section:

    (a) “Facilities” means turf, trees, irrigation, playground apparatus, playing fields, areas to be used for organized amateur sports, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the natural persons, families and small groups from the neighborhood from which the tax was collected.

    (b) “Neighborhood park” means a site not exceeding 25 acres, designed to serve the recreational and outdoor needs of natural persons, families and small groups.

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 147, SB 25

Senate Bill No. 25–Senator Neal

 

CHAPTER 147

 

AN ACT relating to fireworks; requiring a license or permit that may be required for the sale of fireworks to be issued by the licensing authority of a city or county; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 244.367 is hereby amended to read as follows:

    244.367  1.  The board of county commissioners shall have power and jurisdiction in their respective counties to pass ordinances prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage and possession of fireworks, and providing penalties for the violation thereof.

    2.  An ordinance passed pursuant to subsection 1 must provide that any license or permit that may be required for the sale of fireworks must be issued by the licensing authority for:

    (a) The county, if the fireworks are sold within the unincorporated areas of the county; or


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ê1999 Statutes of Nevada, Page 809 (Chapter 147, SB 25)ê

 

    (b) A city located within the county, if the fireworks are sold within the jurisdiction of that city.

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

________

 

CHAPTER 148, SB 27

Senate Bill No. 27–Senator Wiener

 

CHAPTER 148

 

AN ACT relating to telecommunications; revising various provisions governing telegraphs and telephones; repealing various provisions relating to telegraphs; prohibiting injury or obstruction to a telecommunications line of a community antenna television system; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 707.130 is hereby amended to read as follows:

    707.130  [If any person:] Any person who:

    1.  By the attachment of a ground wire, or by any other contrivance, willfully destroys the insulation of a telegraph or telephone line, or interrupts the transmission of the electric current through the line;

    2.  Willfully interferes with the use of any telegraph or telephone line, or obstructs or postpones the transmission of any message over the line; or

    3.  Procures or advises any such injury, interference or obstruction,

[the person so offending] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of any property damaged, altered, removed or destroyed and in no event less than a misdemeanor.

    Sec. 2.  NRS 707.140 is hereby amended to read as follows:

    707.140  Any person [offending against] found to be in violation of the provisions of NRS [707.020, 707.040, 707.060, 707.100 and 707.120 shall,] 707.130 is, in addition to the penalties therein prescribed, [be] liable to the person damaged in a civil suit for all damages occasioned thereby.

    Sec. 3.  NRS 707.300 is hereby amended to read as follows:

    707.300  All persons or corporations owning and operating telephone lines [now in operation, or who may hereafter construct and operate such lines in the State of Nevada, shall be] in this state are entitled to all the rights and privileges and [shall be] are subject to all the restrictions and responsibilities provided [for] in NRS [707.010 to 707.220, inclusive, and] 707.230 to 707.290, inclusive, so far as [the same shall be] those rights, privileges, restrictions and responsibilities are applicable to telephone companies.

    Sec. 4.  Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Any person who:

    (a) By the attachment of a ground wire, or by any other contrivance, willfully destroys the insulation of a telecommunications line of a community antenna television company, or interrupts the transmission of the electric current through the line;


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ê1999 Statutes of Nevada, Page 810 (Chapter 148, SB 27)ê

 

    (b) Willfully interferes with the use of any such line, or obstructs or postpones the transmission of any message over the line; or

    (c) Procures or advises any such injury, interference or obstruction,

is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of any property damaged, altered, removed or destroyed and in no event less than a misdemeanor.

    2.  Any person who violates the provisions of subsection 1 is, in addition to the penalty set forth in that subsection, liable to the community antenna television company injured by such conduct in a civil action for all damages occasioned thereby.

    Sec. 5.  NRS 711.270 is hereby amended to read as follows:

    711.270  1.  [Any] Unless a greater penalty is provided in section 4 of this act, any person who knowingly:

    (a) Makes or maintains a connection or attaches any device to any line or other component of a community antenna television company;

    (b) Purchases or possesses any device; or

    (c) Makes or maintains any modification to any device installed for a community antenna television company,

to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.

    2.  Any person who knowingly and without the authorization of a community antenna television company:

    (a) Imports into this state;

    (b) Distributes; or

    (c) Sells, offers or advertises to sell, or possesses with the intent to sell,

any device designed to decode a signal encoded by the community antenna television company is guilty of a misdemeanor.

    3.  [Any] Unless a greater penalty is provided in section 4 of this act, any person who willfully violates subsection 1 or 2 for commercial advantage, whether direct or indirect, is guilty of a gross misdemeanor.

    Sec. 6.  NRS 707.010, 707.020, 707.030, 707.040, 707.050, 707.060, 707.070, 707.080, 707.090, 707.100, 707.110, 707.120, 707.160, 707.170, 707.180, 707.190, 707.200, 707.210, 707.220, 707.260 and 707.310 are hereby repealed.

    Sec. 7.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 811ê

 

CHAPTER 149, SB 44

Senate Bill No. 44–Committee on Commerce and Labor

 

CHAPTER 149

 

AN ACT relating to industrial insurance; authorizing certain associations of self-insured private employers to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association; authorizing certain associations of self-insured private employers to determine the documentation demonstrating solvency that an employer must provide to become a member of the association; specifying that under certain circumstances the addition of an employer to the membership of an association of self-insured private employers is not a change in the information that the association submitted to the commissioner of insurance in its application for certification; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616B.386 is hereby amended to read as follows:

    616B.386  1.  If an employer wishes to become a member of an association of self-insured public or private employers, the employer must:

    (a) Submit an application for membership to the board of trustees or third-party administrator of the association; and

    (b) Enter into an indemnity agreement as required by NRS 616B.353.

    2.  The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.

    3.  Each member who is a member of an association during the 12 months immediately following the formation of the association must:

    (a) Have a tangible net worth of at least $500,000; or

    (b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium [calculated according to the regulations adopted pursuant to NRS 616B.206] of at least $15,000 [.

Any] , calculated in accordance with a manual prepared pursuant to subsection 4 of NRS 686B.1765.

    4.  An employer who seeks to become a member of the association [subsequently] after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353.

    [4.] 5.  An association of self-insured private employers may apply to the commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The commissioner shall approve the application if the association:

    (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;


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ê1999 Statutes of Nevada, Page 812 (Chapter 149, SB 44)ê

 

    (b) Has a combined tangible net worth of all members in the association of at least $5,000,000;

    (c) Has at least 15 members; and

    (d) Has not been required to meet informally with the commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application.

    6.  An association of self-insured private employers may apply to the commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association. The commissioner shall approve the application if the association:

    (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;

    (b) Has a combined tangible net worth of all members in the association of at least $5,000,000; and

    (c) Has at least 15 members.

    7.  The commissioner may withdraw his approval of an application submitted pursuant to subsection 5 or 6 if he determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable.

    8.  Except as otherwise provided in NRS 616B.389, a member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association’s administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer’s intent to withdraw from the association.

    [5.] 9.  The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.

    [6.] 10.  The association shall:

    (a) Within 30 days after the addition of an employer to the membership of the association, notify the commissioner of the addition and:

         (1) If the association has not received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or

         (2) If the association has received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner evidence that is satisfactory to the commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the commissioner may reasonably require to determine whether the amount of security deposited with the commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the commissioner pursuant to subparagraph (1);


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ê1999 Statutes of Nevada, Page 813 (Chapter 149, SB 44)ê

 

executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the commissioner may reasonably require to determine whether the amount of security deposited with the commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the commissioner pursuant to subparagraph (1);

    (b) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and

    [(b)] (c) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph [(a),] (b), unless the association first receives notice from the administrator that the member has:

         (1) Provided and secured compensation according to the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS for any injury sustained by an employee arising out of and in the course of his employment;

         (2) Been certified as a self-insured employer pursuant to NRS 616B.312; or

         (3) Become a member of another association of self-insured public or private employers.

    [7.] 11.  If a member of an association changes his name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of NRS under his former name or form of organization.

    [8.] 12.  An association is liable for the payment of any compensation required to be paid by a member of the association under chapters 616A to 616D, inclusive, or chapter 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of such compensation.

    Sec. 2.  NRS 616B.386 is hereby amended to read as follows:

    616B.386  1.  If an employer wishes to become a member of an association of self-insured public or private employers, the employer must:

    (a) Submit an application for membership to the board of trustees or third-party administrator of the association; and

    (b) Enter into an indemnity agreement as required by NRS 616B.353.

    2.  The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.

    3.  Each member who is a member of an association during the 12 months immediately following the formation of the association must:

    (a) Have a tangible net worth of at least $500,000; or

    (b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium [calculated according to the regulations adopted pursuant to NRS 616B.206] of at least $15,000 [.

Any] , calculated in accordance with a manual prepared pursuant to subsection 4 of NRS 686B.1765.


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ê1999 Statutes of Nevada, Page 814 (Chapter 149, SB 44)ê

 

    4.  An employer who seeks to become a member of the association [subsequently] after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353.

    [4.] 5.  An association of self-insured private employers may apply to the commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The commissioner shall approve the application if the association:

    (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;

    (b) Has a combined tangible net worth of all members in the association of at least $5,000,000;

    (c) Has at least 15 members; and

    (d) Has not been required to meet informally with the commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application.

    6.  An association of self-insured private employers may apply to the commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association. The commissioner shall approve the application if the association:

    (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;

    (b) Has a combined tangible net worth of all members in the association of at least $5,000,000; and

    (c) Has at least 15 members.

    7.  The commissioner may withdraw his approval of an application submitted pursuant to subsection 5 or 6 if he determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable.

    8.  Except as otherwise provided in NRS 616B.389, a member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association’s administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer’s intent to withdraw from the association.

    [5.] 9.  The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.

    [6.] 10.  The association shall:


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ê1999 Statutes of Nevada, Page 815 (Chapter 149, SB 44)ê

 

    (a) Within 30 days after the addition of an employer to the membership of the association, notify the commissioner of the addition and:

         (1) If the association has not received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or

         (2) If the association has received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner evidence that is satisfactory to the commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the commissioner may reasonably require to determine whether the amount of security deposited with the commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the commissioner pursuant to subparagraph (1);

    (b) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and

    [(b)] (c) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph [(a),] (b), unless the association first receives notice from the administrator that the member has:

         (1) Become insured by the system;

         (2) Been certified as a self-insured employer pursuant to NRS 616B.312;

         (3) Become a member of another association of self-insured public or private employers; or

         (4) Become insured by a private carrier.

    [7.] 11.  If a member of an association changes his name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of NRS under his former name or form of organization.

    [8.] 12.  An association is liable for the payment of any compensation required to be paid by a member of the association pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of the compensation.

    Sec. 3.  NRS 616B.389 is hereby amended to read as follows:

    616B.389  1.  Except as otherwise provided in subsection 2, if the membership of an employer who was a member of an association of self-insured public or private employers has been terminated or canceled and the system subsequently insures that employer:

    (a) The employer shall remain insured by the system for at least 2 years before it may join an association of self-insured public or private employers.


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ê1999 Statutes of Nevada, Page 816 (Chapter 149, SB 44)ê

 

    (b) The system shall determine the amount of premium that such an employer must pay based on:

         (1) The premium rate for the standard industrial classification of that employer which the system may deviate from not more than 15 percent; and

         (2) An adjustment based on the experience of the employer for the 3 previous years,

in accordance with [the regulations adopted] rates approved by the commissioner pursuant to NRS [616B.206.] 686B.177.

    2.  A member of an association who terminates his membership in the association pursuant to subsection [4] 8 of NRS 616B.386 may not, before July 1, 1998, obtain industrial insurance from the system.

    Sec. 4.  NRS 616B.392 is hereby amended to read as follows:

    616B.392  1.  An association of self-insured public or private employers shall notify the commissioner of any change in the information submitted in its application for certification or in the manner of its compliance with NRS 616B.353 not later than 30 days after the change.

    2.  For the purposes of this section, the addition of an employer to the membership of an association of self-insured private employers is not a change in the information that the association submitted in its application for certification.

    Sec. 5.  1.  This section and sections 1, 3 and 4 of this act become effective upon passage and approval.

    2.  Section 1 of this act expires by limitation on July 1, 1999.

    3.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1999.

________

 

CHAPTER 150, SB 140

Senate Bill No. 140–Senator O’Connell

 

CHAPTER 150

 

AN ACT relating to insurance; requiring insurers to include certain information concerning premiums for insurance with notices of renewal sent to insureds; and providing other matters properly relating thereto.

 

[Approved May 18, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 680B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If an insurer includes any portion of the general premium tax which the insurer is required to pay pursuant to NRS 680B.027 in the amount billed to its insureds for the premium for insurance, the insurer shall provide with each notice of renewal sent to its insureds a statement that a portion of the premium is attributable to the general premium tax.

 

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