κ1999 Statutes of Nevada, Page 817 (Chapter 150, SB 140)κ
2. If an insurer includes any portion of any annual fees or assessments that it is required to pay to the State of Nevada in the amount billed to its insureds for the premium for insurance, the insurer may provide with each notice of renewal sent to its insureds a statement that a portion of the premium is attributable to the annual fees or assessments that it is required to pay to the State of Nevada.
Sec. 2. NRS 680B.025 is hereby amended to read as follows:
680B.025 For the purposes of NRS 680B.025 to 680B.039, inclusive [:] , and section 1 of this act:
1. Total income derived from direct premiums written:
(a) Does not include premiums written or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt pursuant to sections 401, 403, 404, 408, 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.
(b) Does not include payments received by an insurer from the Secretary of Health and Human Services pursuant to a contract entered into pursuant to section 1876 of the Social Security Act , [(] 42 U.S.C. § 1395mm . [).]
(c) As to title insurance , consists of the total amount charged by the company for the sale of policies of title insurance.
2. Money accepted by a life insurer pursuant to an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as total income derived from direct premiums written either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in total income derived from direct premiums written, and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this state, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his election without the consent of the commissioner. Any such money taxed as total income derived from direct premiums written is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as return premiums pursuant to the provisions of NRS 680B.030.
Sec. 3. This act becomes effective on July 1, 2000.
________
κ1999 Statutes of Nevada, Page 818κ
Senate Bill No. 159Committee on Finance
CHAPTER 151
AN ACT making an appropriation to restore the balance in the emergency 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 emergency account, created by NRS 353.263, the sum of $97,840 to restore the balance in the account to approximately $400,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 250Committee on Finance
CHAPTER 152
AN ACT making an appropriation to the Budget Division of the Department of Administration for reimbursement of the Legal Division of the Legislative Counsel Bureau for the expenses involved in preparing bill drafts requested by agencies of the executive branch; 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 Budget Division of the Department of Administration for reimbursement of the Legal Division of the Legislative Counsel Bureau the sum of $150,000 for the expenses involved in preparing legislation requested by agencies of the executive branch.
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.
________
κ1999 Statutes of Nevada, Page 819κ
Senate Bill No. 332Senator Porter
CHAPTER 153
AN ACT relating to unemployment compensation; requiring the administrator of the employment security division of the department of employment, training and rehabilitation to order that benefits for unemployment not be charged against the record for experience rating of an employer if the employer provides, within a certain period, evidence satisfactory to the administrator that the employee claiming the benefits left his employment voluntarily without good cause or was discharged for misconduct connected with his employment; 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 612.551 is hereby amended to read as follows:
612.551 1. Except as otherwise provided in subsections 2 and 3, [when] if the division [has determined] determines that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.
2. Benefits paid pursuant to an elected base period in accordance with NRS 612.344 must not be charged against the [employers] record for experience rating [.] of the employer.
3. If a claimant leaves an employer to take other employment and leaves or is discharged by the latter employer, benefits paid to him must not be charged against the record for experience rating of the former employer.
4. If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the administrator that the claimant:
(a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment [, the administrator may order that the benefits not be charged against the employers record for experience rating.] ; or
(b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location,
the administrator shall order that the benefits not be charged against the [employers] record for experience rating [.] of the employer.
5. The employer may appeal from the ruling of the administrator [as] relating to the cause of the termination of the [claimants] employment of the claimant in the same manner as appeals may be taken from determinations relating to claims for benefits.
6. [No] A determination made pursuant to this section [constitutes] does not constitute a basis for disqualifying a claimant to receive benefits.
________
κ1999 Statutes of Nevada, Page 820κ
Senate Bill No. 351Senator Townsend
CHAPTER 154
AN ACT relating to short-term lessors of passenger cars; authorizing the commissioner of insurance to issue a limited agents license to a short-term lessor of passenger cars who conducts certain limited insurance activities; providing an exemption from examination for applicants for such limited licenses; authorizing employees of such a short-term lessor to conduct without a license certain limited insurance activities within the scope of the limited license held by the short-term lessor; 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 683A of NRS is hereby amended by adding thereto a new section to read as follows:
If a short-term lessor of passenger vehicles licensed pursuant to NRS 482.363 holds a limited agents license issued pursuant to NRS 683A.260, an employee of the short-term lessor may engage in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 without a license issued pursuant to this chapter, if the solicitation and sale of such insurance is done on behalf of, and under the supervision of, the short-term lessor.
Sec. 2. NRS 683A.100 is hereby amended to read as follows:
683A.100 In addition to persons excluded by the terms thereof, the definitions of an agent, broker, solicitor or managing general agent [shall not be deemed to] do not include any of the following:
1. Salaried employees rendering solely clerical and administrative services in the office of the employer.
2. Salaried administrative and clerical employees of agents and brokers performing any functions in the office and under the supervision of the employer and receiving no commissions.
3. Salaried employees of insurers, or of organizations employed by insurers, engaged in inspecting, rating or classifying risks, or in general supervision of agents, and not in the solicitation or writing of insurance.
4. Officers of insurers or of an association of insurers engaged in the performance of their usual and customary executive duties, exclusive of field solicitation of insurance other than rendering assistance to or on behalf of a licensed agent but receiving no commission or other compensation directly dependent upon the amount of business transacted.
5. Persons completing or delivering declarations or certificates of coverage under running inland marine insurance contracts evidencing coverage thereunder, if:
(a) Such persons receive no commissions directly or indirectly on such insurance; and
(b) Such persons or their employers have an insurable interest in the risk evidenced by the certificate or declaration.
6. Persons who secure and furnish information for the purposes of group life insurance, group or blanket health insurance or annuity coverages, or for enrolling individuals under such plans or issuing certificates thereunder or otherwise assisting in administering such plans where no commission is paid for such services.
κ1999 Statutes of Nevada, Page 821 (Chapter 154, SB 351)κ
enrolling individuals under such plans or issuing certificates thereunder or otherwise assisting in administering such plans where no commission is paid for such services.
7. Service representatives.
8. Employees of a short-term lessor of passenger vehicles who engage solely in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 in accordance with section 1 of this act.
Sec. 3. NRS 683A.180 is hereby amended to read as follows:
683A.180 Except as otherwise provided in subsection 3 of NRS 683A.270 [(continuation, expiration of license),] , the provisions of NRS 683A.170 [does] do not apply to and no such examination is required of:
1. Applicants with respect to life and health [or] insurance, life insurance or health insurance who hold the designation of chartered life underwriter (C.L.U.). Applicants must show such proof of holding the designation as may be required by the commissioner.
2. Applicants with respect to property, casualty and surety insurance , [(] or any combination thereof , [)] who hold the designation of chartered property and casualty underwriter (C.P.C.U.). Applicants must show such proof of holding the designation as may be required by the commissioner.
3. Any applicant for a license which would cover the same kind or kinds of insurance as those for which he was licensed under a similar license in this state, other than a temporary license, within 6 months next preceding the date of application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner.
4. Any applicant for an agents license who [is] :
(a) Is currently licensed as a resident broker or solicitor for the same kind or kinds of insurance, or has been so licensed within 6 months next preceding the date of the application unless the previous license was revoked, suspended or continuation thereof refused by the commissioner [, and if] ; and
(b) If the applicant is currently licensed as a solicitor, has had at least 1 year of experience under his solicitors license satisfactory to the commissioner.
5. Any applicant for a brokers license who has been licensed as a resident agent or solicitor in this state for the same kinds of insurance within 1 year preceding the date of the application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner , [;] and if [an] the applicant has been licensed as:
(a) A resident agent , the applicant has had at least 1 year [, and if a] of experience under his agents license satisfactory to the commissioner; and
(b) A solicitor , the applicant has had at least 2 years [,] of experience under his [agents or] solicitors license [, as the case may be,] satisfactory to the commissioner.
6. Any applicant for a solicitors license who has been licensed as a resident agent, broker or solicitor in this state for the same kinds of insurance within 6 months next preceding the date of the application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner.
κ1999 Statutes of Nevada, Page 822 (Chapter 154, SB 351)κ
7. Applicants with respect to variable annuities who are, or within the next preceding 6 months have been, licensed or registered as securities broker-dealers under laws administered by the Securities and Exchange Commission or any successor agency of the Federal Government.
8. Persons representing public carriers under limited licenses issued under NRS 683A.260.
9. Title insurance agents.
10. An applicant who is a short-term lessor of passenger cars licensed pursuant to NRS 482.363 whose insurance activities are limited to the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158, where the insurance is offered within an agreement to lease a vehicle as optional insurance which is in effect only during the term of the lease of the vehicle.
Sec. 4. NRS 683A.260 is hereby amended to read as follows:
683A.260 1. The commissioner may issue a limited agents license to an applicant qualified under this chapter:
(a) Who represents public carriers and in the course of his representation solicits or sells insurance incidentally to the transportation of persons or to the storage or transportation of property; [or]
(b) Whose insurance activities are limited to the solicitation and sale of:
(1) Credit insurance, as defined in NRS 690A.015, and credit property and casualty insurance; or
(2) Fixed annuities [.] ; or
(c) Who is a short-term lessor of passenger cars licensed pursuant to NRS 482.363 whose insurance activities are limited to the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158, where the insurance is offered within an agreement to lease a vehicle as optional insurance which is in effect only during the term of the lease of the vehicle.
2. [The] Except as otherwise provided in NRS 683A.180, the commissioner may adopt regulations which require the applicant to pass an appropriate examination before the issuance of a license pursuant to this section.
3. Except for a bank or a bank holding company, or a parent, subsidiary or affiliate of a bank that may be licensed to sell fixed and variable annuities, and credit insurance as defined in NRS 690A.015, a person to whom a license is issued pursuant to this section may not concurrently hold any other license authorized by this chapter.
________
κ1999 Statutes of Nevada, Page 823κ
Senate Bill No. 398Committee on Finance
CHAPTER 155
AN ACT relating to child support; creating a fund for the disbursement of payments for child support collected by the welfare division of the department of human resources; 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 422.245 is hereby amended to read as follows:
422.245 Any federal money allotted to the State of Nevada for public assistance programs and other programs for which the welfare division is responsible and such other money as may be received by the state for such purposes must , except as otherwise provided in section 2 of this act, be deposited in the appropriate accounts of the welfare division in the state general fund.
Sec. 2. Chapter 425 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state child support disbursement fund is hereby created as an agency fund, to be administered by the chief. All money collected or otherwise received by the enforcing authority to carry out the provisions of 42 U.S.C. § 654b must be deposited in the fund. The fund is a continuing fund without reversion. Any interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund.
2. If a check which is accepted for deposit in the fund is dishonored upon presentation for payment:
(a) The amount of the check must be charged against the fund; and
(b) The enforcing authority shall comply with subsection 2 of NRS 425.410.
3. The money in the fund must be used to carry out the provisions of 42 U.S.C. § 654b.
Sec. 3. NRS 425.420 is hereby amended to read as follows:
425.420 [All] Except as otherwise required to carry out the provisions of 42 U.S.C. § 654b, all money collected in fees, costs, attorneys fees, interest payments, incentive payments or other payments received by the administrator which cannot be identified as to the support account to which it should be credited, [shall] must be deposited in the state general fund.
Sec. 4. 1. This section and sections 2 and 3 of this act become effective on July 1, 1999.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 824κ
Senate Bill No. 418Senators Titus, Wiener and Care
CHAPTER 156
AN ACT relating to governmental administration; providing a civil penalty for the submission of a false claim to the state or to a local government; 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. Title 31 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Claim means a request or demand for money, property or services made to:
1. An officer, employee or agent of this state or of a political subdivision of this state; or
2. A contractor, grantee or other recipient of money from the state or a political subdivision of this state if any part of the money, property or services requested or demanded was provided by the state or political subdivision.
Sec. 4. Political subdivision means a county, city, assessment district or any other local government as defined in NRS 354.474.
Sec. 5. (Deleted by amendment.)
Sec. 6. 1. Except as otherwise provided in section 7 of this act, a person who, with or without specific intent to defraud, does any of the following listed acts is liable to the state or a political subdivision, whichever is affected, for three times the amount of damages sustained by the state or political subdivision because of the act of that person, for the costs of a civil action brought to recover those damages and for a civil penalty of not less than $2,000 or more than $10,000 for each act:
(a) Knowingly presents or causes to be presented a false claim for payment or approval.
(b) Knowingly makes or uses, or causes to be made or used, a false record or statement to obtain payment or approval of a false claim.
(c) Conspires to defraud by obtaining allowance or payment of a false claim.
(d) Has possession, custody or control of public property or money and knowingly delivers or causes to be delivered to the state or a political subdivision less money or property than the amount for which he receives a receipt.
(e) Is authorized to prepare or deliver a receipt for money or property to be used by the state or a political subdivision and knowingly prepares or delivers a receipt that falsely represents the money or property.
κ1999 Statutes of Nevada, Page 825 (Chapter 156, SB 418)κ
(f) Knowingly buys, or receives as security for an obligation, public property from a person who is not authorized to sell or pledge the property.
(g) Knowingly makes or uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the state or a political subdivision.
(h) Is a beneficiary of an inadvertent submission of a false claim and, after discovering the falsity of the claim, fails to disclose the falsity to the state or political subdivision within a reasonable time.
2. As used in this section, a person acts knowingly with respect to information if he:
(a) Has knowledge of the information;
(b) Acts in deliberate ignorance of whether the information is true or false; or
(c) Acts in reckless disregard of the truth or falsity of the information.
Sec. 7. In a civil action pursuant to this chapter, the court may give judgment for not less than twice or more than three times the amount of damages sustained, and no civil penalty, if it finds that:
1. The person against who the judgment is entered:
(a) Furnished all information known to him concerning the act, within 30 days after becoming aware of the information, to the attorney general; and
(b) Fully cooperated with any investigation of the act by the state or political subdivision; and
2. At the time the information was furnished, no criminal prosecution or civil or administrative proceeding had commenced with respect to the act and the person had no knowledge of the existence of any investigation with respect to the act.
Sec. 8. Liability pursuant to this chapter is joint and several for an act done by two or more persons.
Sec. 9. The attorney general may investigate any alleged liability pursuant to this chapter and may bring a civil action pursuant to this chapter against the person liable.
Sec. 10. (Deleted by amendment.)
Sec. 11. 1. Except as otherwise provided in sections 26 and 27 of this act, a private plaintiff may maintain an action pursuant to this chapter on his own account and that of the state if money, property or services provided by the state are involved, or on his own account and that of a political subdivision if money, property or services provided by the political subdivision are involved, or on his own account and that of both the state and a political subdivision if both are involved. After such an action is commenced, it may be dismissed only with leave of the court, taking into account the public purposes of this chapter and the best interests of the parties.
2. A complaint filed pursuant to this section must be placed under seal and so remain until the attorney general has elected whether to intervene. No service may be made upon the defendant until the complaint is unsealed.
κ1999 Statutes of Nevada, Page 826 (Chapter 156, SB 418)κ
3. On the date the private plaintiff files his complaint, he shall send a copy of the complaint to the attorney general by mail with return receipt requested. He shall send with each copy of the complaint a written disclosure of substantially all material evidence and information he possesses.
Sec. 12. 1. Within 120 days after receiving a complaint and disclosure, the attorney general may intervene and proceed with the action or he may, for good cause shown, move the court to extend the time for his election whether to proceed. The motion may be supported by affidavits or other submissions in chambers.
2. If the attorney general elects to intervene, the complaint must be unsealed. If the attorney general elects not to intervene, the private plaintiff may proceed and the complaint must be unsealed.
Secs. 13 and 14. (Deleted by amendment.)
Sec. 15. 1. If the attorney general intervenes, the private plaintiff remains a party to an action pursuant to section 11 of this act.
2. The attorney general may move to dismiss the action for good cause. The private plaintiff must be notified of the filing of the motion and is entitled to oppose it and present evidence at the hearing.
3. Except as otherwise provided in this subsection, the attorney general may settle the action. If the attorney general intends to settle the action, he shall notify the private plaintiff of that fact. Upon the request of the private plaintiff, the court shall determine whether settlement of the action is consistent with the public purposes of this chapter and shall not approve the settlement of the action unless it determines that such settlement is consistent with the public purposes of this chapter.
Sec. 16. 1. The defendant is entitled to 30 days in which to respond after a complaint filed pursuant to section 11 of this act is unsealed and served upon him.
2. If a private plaintiff brings an action pursuant to this chapter, no other person may bring another action pursuant to this chapter based on the same facts.
3. An action may not be maintained by a private plaintiff pursuant to this chapter:
(a) Against a member of the legislature or the judiciary, an elected officer of the executive department of the state government, or a member of the governing body of a political subdivision, if the action is based upon evidence or information known to the state or political subdivision at the time the action was brought.
(b) If the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the state or political subdivision is already a party.
Sec. 17. 1. If the attorney general elects not to intervene in an action pursuant to section 11 of this act, the private plaintiff has the same rights in conducting the action as the attorney general would have had. A copy of each pleading or other paper filed in the action, and a copy of the transcript of each deposition taken, must be mailed to the attorney general if the attorney general so requests and pays the cost thereof.
κ1999 Statutes of Nevada, Page 827 (Chapter 156, SB 418)κ
2. Upon timely application, the attorney general may intervene in an action in which he has previously declined to intervene, if the interest of the state or a political subdivision in recovery of the money or property involved is not being adequately represented by the private plaintiff.
3. If the attorney general so intervenes, the private plaintiff retains primary responsibility for conducting the action and any recovery must be apportioned as if the attorney general had not intervened.
Sec. 18. As used in sections 19 to 22, inclusive, of this act, recovery includes civil penalties and does not include any allowance of expenses or attorneys fees.
Sec. 19. If the attorney general initiates an action pursuant to this chapter, 33 percent of any recovery must be paid into the state general fund to the credit of a special account, for use by the attorney general as appropriated or authorized by the legislature in the investigation and prosecution of false claims.
Sec. 20. 1. If the attorney general intervenes at the outset in an action pursuant to section 11 of this act, the private plaintiff is entitled, except as otherwise provided in section 21 of this act, to receive not less than 15 percent or more than 33 percent of any recovery, according to the extent of his contribution to the conduct of the action.
2. If the attorney general does not intervene in the action at the outset, the private plaintiff is entitled, except as otherwise provided in section 21 of this act, to receive not less than 25 percent or more than 50 percent of any recovery, as the court determines to be reasonable.
Sec. 21. 1. If the action is one described in section 26 of this act, the present or former employee of the state or political subdivision is not entitled to any minimum percentage of any recovery, but the court may award him no more than 33 percent of the recovery if the attorney general intervenes in the action at the outset, or no more than 50 percent if the attorney general does not intervene, according to the significance of his information, the extent of his contribution to the conduct of the action and the response to his efforts to report the false claim and gain recovery through other official channels.
2. If the private plaintiff is a present or former employee of the state or a political subdivision and benefited financially from the fraudulent activity, he is not entitled to any minimum percentage of any recovery, but the court may award him no more than 33 percent of the recovery if the attorney general intervenes in the action at the outset, or no more than 50 percent if the attorney general does not intervene, according to the significance of his information, the extent of his contribution to the conduct of the action, the extent of his involvement in the fraudulent activity, his attempts to avoid or resist the activity and the other circumstances of the activity.
Sec. 22. The portion of any recovery not apportioned pursuant to sections 19, 20 and 21 of this act must be paid into the state general fund if the money, property or services were provided only by the state, or into the general fund of the political subdivision if they were provided only by a political subdivision. If the action involved both the state and a political subdivision, the court shall apportion the remaining portion of any recovery between them according to the respective values of the money, property or services provided by each.
κ1999 Statutes of Nevada, Page 828 (Chapter 156, SB 418)κ
recovery between them according to the respective values of the money, property or services provided by each.
Sec. 23. 1. If the attorney general or a private plaintiff prevails in or settles an action pursuant to section 11 of this act, the private plaintiff is entitled to a reasonable amount for expenses that the court finds were necessarily incurred, including reasonable costs, attorneys fees and the fees of expert consultants and expert witnesses. Those expenses must be awarded against the defendant, and may not be allowed against the state or a political subdivision.
2. If the defendant prevails in the action, the court may award him reasonable expenses and attorneys fees against the party or parties who participated in the action if it finds that the action was clearly frivolous or vexatious or brought solely for harassment.
Sec. 24. 1. The court may stay discovery by a private plaintiff for not more than 60 days if the attorney general shows that the proposed discovery would interfere with the investigation or prosecution of a civil or criminal matter arising out of the same facts, whether or not the attorney general participates in the action.
2. The court may extend the stay upon a further showing that the attorney general has pursued the civil or criminal investigation or proceeding with reasonable diligence and the proposed discovery would interfere with its continuation. Discovery may not be stayed for a total of more than 6 months over the objection of the private plaintiff, except for good cause shown by the attorney general.
3. A showing made pursuant to this section must be made in chambers.
Sec. 25. Upon a showing by the attorney general that unrestricted participation by a private plaintiff would interfere with or unduly delay the conduct of an action, or would be repetitious, irrelevant or solely for harassment, the court may limit his participation by, among other measures, limiting:
1. The number of witnesses he may call;
2. The length of the testimony of the witnesses; or
3. His cross-examination of witnesses.
Sec. 26. No action may be maintained pursuant to section 11 of this act that is based upon information discovered by a present or former employee of the state or a political subdivision during his employment, unless he first in good faith exhausted internal procedures for reporting and seeking recovery of the proceeds of the fraudulent activity through official channels and the state or political subdivision failed to act on the information provided for at least 6 months.
Sec. 27. 1. No action may be maintained pursuant to this chapter that is based upon the public disclosure of allegations or transactions in a criminal, civil or administrative hearing, in an investigation, report, hearing or audit conducted by or at the request of a house of the legislature, an auditor or the governing body of a political subdivision, or from the news media, unless the action is brought by the attorney general or an original source of the information.
2. As used in this section, original source means a person:
κ1999 Statutes of Nevada, Page 829 (Chapter 156, SB 418)κ
(a) Who has direct and independent knowledge of the information on which the allegations were based;
(b) Who voluntarily provided the information to the state or political subdivision before bringing an action based on the information; and
(c) Whose information provided the basis or caused the making of the investigation, hearing, audit or report that led to the public disclosure.
Sec. 28. 1. An employer shall not adopt or enforce any rule or policy forbidding an employee to disclose information to the state, a political subdivision or a law enforcement agency or to act in furtherance of an action pursuant to this chapter, including investigation for, bringing or testifying in such an action.
2. An employer shall not discharge, demote, suspend, threaten, harass, deny promotion to or otherwise discriminate against an employee in the terms or conditions of his employment because of lawful acts done by him on his own behalf or on behalf of others in disclosing information to the state, a political subdivision or a law enforcement agency in furtherance of an action pursuant to this chapter, including investigation for, bringing or testifying in such an action.
Sec. 29. 1. An employer who violates subsection 2 of section 28 of this act is liable to the affected employee in a civil action for all relief necessary to make him whole, including, without limitation, reinstatement with the same seniority as if the discrimination had not occurred or damages in lieu of reinstatement if appropriate, twice the amount of lost compensation, interest on the lost compensation, any special damage sustained as a result of the discrimination and punitive damages if appropriate. The employer is also liable for expenses recoverable pursuant to section 23 of this act, costs and attorneys fees.
2. An employee is entitled to the remedies provided in subsection 1 only if:
(a) He voluntarily disclosed information to the state or a political subdivision or voluntarily acted in furtherance of an action pursuant to this chapter; and
(b) He was harassed, threatened with termination or demotion, or otherwise coerced by his employer into any participation in fraudulent activity.
Sec. 30. 1. An action pursuant to this chapter may not be commenced more than 3 years after the date of discovery of the fraudulent activity by the attorney general or more than 5 years after the fraudulent activity occurred, whichever is earlier. Within those limits, an action may be based upon fraudulent activity that occurred before October 1, 1999.
2. In an action pursuant to this chapter, the standard of proof is a preponderance of the evidence. A finding of guilt in a criminal proceeding charging false statement or fraud, whether upon a verdict of guilty or a plea of guilty or nolo contendere, estops the person found guilty from denying an essential element of that offense in an action pursuant to this chapter based upon the same transaction as the criminal proceeding.
________
κ1999 Statutes of Nevada, Page 830κ
Senate Bill No. 412Senators Mathews, Rawson, Amodei, Coffin and Washington
CHAPTER 157
AN ACT relating to children; providing for protective custody for children upon the death of a parent that is or may be a result of domestic violence; 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 432B.330 is hereby amended to read as follows:
432B.330 1. A child is in need of protection if:
(a) He has been abandoned by a person responsible for his welfare;
(b) He is suffering from congenital drug addiction or the fetal alcohol syndrome, because of the faults or habits of a person responsible for his welfare;
(c) He has been subjected to abuse or neglect by a person responsible for his welfare;
(d) He is in the care of a person responsible for his welfare and another child has died as a result of abuse or neglect by that person; or
(e) He has been placed for care or adoption in violation of law.
2. A child may be in need of protection if the person responsible for his welfare:
(a) Is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity;
(b) Fails, although he is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:
(1) Food, clothing or shelter necessary for the childs health or safety;
(2) Education as required by law; or
(3) Adequate medical care; or
(c) Has been responsible for the abuse or neglect of a child who has resided with that person.
3. A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
Sec. 2. NRS 432B.390 is hereby amended to read as follows:
432B.390 1. An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services or a designee of an agency which provides protective services [may] :
(a) May place a child in protective custody without the consent of the person responsible for the childs welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.
(b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
κ1999 Statutes of Nevada, Page 831 (Chapter 157, SB 412)κ
of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.
2. If there is reasonable cause to believe that the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides protective services becomes aware that there is reasonable cause to believe that the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides protective services and a protective custody hearing must be scheduled.
3. An agency which provides protective services shall request the assistance of a law enforcement agency in the removal of the child if it has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.
[2.] 4. Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to subsection 1 to place a child in protective custody.
[3.] 5. A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for those children, but the child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
[4.] 6. A person placing a child in protective custody shall:
(a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;
(b) Immediately make a reasonable effort to inform the person responsible for the childs welfare that the child has been placed in protective custody;
(c) Give preference in placement of the child 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, regardless of whether the relative resides within this state; and
(d) As soon as practicable, inform the agency which provides protective services and the appropriate law enforcement agency.
[5.] 7. If a child is placed with any person who resides outside this state, the placement must be in accordance with NRS 127.330.
κ1999 Statutes of Nevada, Page 832 (Chapter 157, SB 412)κ
Sec. 3. NRS 432B.490 is hereby amended to read as follows:
432B.490 1. An agency which provides protective services:
(a) [Shall,] In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;
(b) In other cases where a hearing on protective custody is held, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or
[(b)] (c) If a child is not placed in protective custody, may, after an investigation is made under NRS 432B.010 to 432B.400, inclusive, file a petition which meets the requirements set forth in NRS 432B.510.
2. If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.
3. If a child has been placed in protective custody and if further action in court is taken, an agency which provides protective services shall make recommendations to the court concerning whether the child should be returned to the person responsible for his welfare pending further action in court.
Sec. 4. This act becomes effective on July 1, 1999.
________
Senate Bill No. 433Senator Porter
CHAPTER 158
AN ACT relating to local government finance; requiring each local government to prepare a capital improvement plan; authorizing local governments to enter into contracts for the construction or completion of certain public works before the issuance of bonds or medium-term obligations under certain circumstances; authorizing counties to acquire securities issued by municipalities within those counties that are issued for infrastructure projects under certain circumstances; 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 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On or before July 1 of each year, each local government shall prepare, on a form prescribed by the department of taxation for use by local governments, a capital improvement plan for the ensuing 5 fiscal years.
2. Each local government must submit a copy of the capital improvement plan of the local government to the:
(a) Department of taxation; and
κ1999 Statutes of Nevada, Page 833 (Chapter 158, SB 433)κ
(b) Debt management commission of the county in which the local government is located.
3. Each local government must file a copy of the capital improvement plan of the local government for public record and inspection by the public in the offices of:
(a) The clerk or secretary of the governing body; and
(b) The county clerk.
4. The total amount of the expenditures contained in the capital improvement plan of the local government for the next ensuing fiscal year must equal the total amount of expenditures for capital outlay set forth in the final budget of the local government for each fund listed in that budget.
Sec. 2. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 1 of this act may be cited as the Local Government Budget Act.
Sec. 3. NRS 354.59801 is hereby amended to read as follows:
354.59801 Each local government shall file in the office of the clerk or secretary of its governing body, for public record and inspection:
1. A copy of its final budget;
2. A copy of its final plan for capital improvements [;] prepared pursuant to section 1 of this act and, if applicable, NRS 350.0035; and
3. A report of its proposed expenditures for the following fiscal year, written in the same detail as its chart of accounts. The total amount of these expenditures must equal the total amount of expenditures contained in its final budget for each department and fund listed in that budget.
Sec. 4. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.
κ1999 Statutes of Nevada, Page 834 (Chapter 158, SB 433)κ
such contract or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds or medium-term obligations [.] and that are entered into by the local government after:
(1) Any election required for the approval of the bonds has been held;
(2) Any approvals by any other governmental entity required to be obtained before the bonds or medium-term obligations can be issued have been obtained; and
(3) The ordinance or resolution that specifies each of the terms of the bonds or medium-term obligations, except those terms that are set forth in paragraphs (a) to (e), inclusive, of subsection 2 of NRS 350.165, has been adopted.
Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.
(g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.
(h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.
(i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.
(j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.
Sec. 5. Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 11, inclusive, of this act.
Sec. 6. Infrastructure project means:
1. A capital improvement for fire protection, a library, a building, a park or police protection that a municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law; or
2. For a water authority or any municipality whose governing body is composed of only the members of the board, a capital improvement for a water system or a sanitary sewer that the municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law.
Sec. 7. Lending project means the acquisition of municipal securities issued by a municipality located wholly or partially within the county acquiring the municipal securities for one or more infrastructure projects or for the refunding of municipal securities previously acquired as part of a lending project by a county for one or more infrastructure projects or any combination thereof.
κ1999 Statutes of Nevada, Page 835 (Chapter 158, SB 433)κ
part of a lending project by a county for one or more infrastructure projects or any combination thereof.
Sec. 8. Municipal securities means notes, warrants, interim debentures, bonds and temporary bonds issued by a municipality pursuant to a law other than the County Bond Law which are:
1. General obligations payable from ad valorem taxes that are approved by the voters of the municipality issued for a capital improvement of a library or park;
2. General obligations payable from ad valorem taxes that are approved by the voters of the municipality or are approved pursuant to subsection 3 of NRS 350.020 issued for a capital improvement of an infrastructure project other than a library or park; or
3. Revenue obligations of a water authority that are payable from revenues of:
(a) The water system of the water authority;
(b) One or more of the municipalities that are members of the water authority; or
(c) Any combination of the entities described in paragraphs (a) and (b).
Sec. 9. Municipality means any city, town, school district, library district, consolidated library district, fire protection district, district for a fire department, park district, general improvement district organized pursuant to chapter 318 of NRS, water district organized pursuant to a special act or water authority organized as a political subdivision created by cooperative agreement whose members include at least the two largest municipal retail water purveyors in the county.
Sec. 10. Revenues of a lending project means any money, except the proceeds of taxes levied by the county, received by the county pursuant to any lending project, including, without limitation:
1. Money derived from any source of revenue connected with a lending project, including, without limitation, payments by a municipality of the principal, interest or redemption premium of any municipal security, and any other income derived from the operation or administration of a lending project or the sale or other disposal of municipal securities or other assets acquired in connection with a lending project;
2. Loans, grants or contributions to the county from the Federal Government for the payment of the principal, interest and redemption premiums of county securities;
3. Fees or charges paid by a municipality in connection with a lending project; and
4. Money derived from the investment and reinvestment of the money described in subsections 1, 2 or 3.
Sec. 11. In connection with any lending project, a county may:
1. Require additional security or credit enhancement for payment of municipal securities acquired as it deems prudent.
2. Make contracts and execute all necessary or desirable instruments or documents not in conflict with the requirements of the County Bond Law.
3. Provide by ordinance for its standards, policies and procedures for financing lending projects.
κ1999 Statutes of Nevada, Page 836 (Chapter 158, SB 433)κ
4. Acquire and hold municipal securities and execute the rights of the holder of those municipal securities.
5. Sell or otherwise dispose of municipal securities unless the county is limited by any agreement that is related to those securities.
6. Refund any county general obligations issued for a lending project if the county and the municipality agree to the disposition of any savings resulting from the refunding.
7. Require payment by a municipality that participates in a lending project of the fees and expenses of the county in connection with the lending project.
8. Secure the payment of county general obligations issued for a lending project with a pledge of revenues of the lending project. If the revenues of a lending project are formally pledged to the county bonds issued to finance a lending project, the board may treat the revenues of the lending project financed by an issue of county general obligation bonds as pledged revenues pursuant to subsection 3 of NRS 350.020.
Sec. 12. NRS 244A.011 is hereby amended to read as follows:
244A.011 NRS 244A.011 to 244A.065, inclusive, and sections 6 to 11, inclusive, of this act shall be known as the County Bond Law.
Sec. 13. NRS 244A.013 is hereby amended to read as follows:
244A.013 Except where the context otherwise requires, the definitions in NRS 244A.015 to 244A.056, inclusive, and sections 6 to 10, inclusive, of this act govern the construction hereof.
Sec. 14. NRS 244A.057 is hereby amended to read as follows:
244A.057 Any board, upon behalf of the county and in its name, may acquire, improve, equip, operate and maintain, within the county:
1. A building project;
2. A drainage and flood control project;
3. A lending project if the county has adopted an ordinance pursuant to subsection 3 of section 11 of this act;
4. An offstreet parking project;
[4.] 5. An overpass project;
[5.] 6. A park project;
[6.] 7. A sewerage project;
[7.] 8. A street project;
[8.] 9. An underpass project; and
[9.] 10. A water project.
Sec. 15. NRS 244A.059 is hereby amended to read as follows:
244A.059 1. Subject to the provisions of chapter 350 of NRS, any board, upon behalf of the county and in its name, may issue the countys general obligation bonds to acquire, improve and equip , [(] or any combination thereof , [),] any project herein authorized, or any part thereof, and thereby to defray the cost of the project wholly or in part.
2. A county shall not become indebted by the issuance of bonds or other securities constituting an indebtedness, whether the bonds are issued hereunder or under a special or local law, to an amount in the aggregate, including existing indebtedness of the county, but excluding any outstanding revenue bonds, any outstanding special assessment bonds, or any other outstanding special obligation securities, any short-term securities issued in anticipation of and payable from general [(] ad valorem [)] taxes levied for the current fiscal year, any general obligation indebtedness of the county issued to pay the cost of any lending project, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last assessed valuation of the taxable property of the county.
κ1999 Statutes of Nevada, Page 837 (Chapter 158, SB 433)κ
anticipation of and payable from general [(] ad valorem [)] taxes levied for the current fiscal year, any general obligation indebtedness of the county issued to pay the cost of any lending project, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last assessed valuation of the taxable property of the county.
3. A county shall not become indebted by the issuance of general obligation indebtedness to fund the cost of lending projects in an amount exceeding 15 percent of the total last assessed valuation of the taxable property of the county.
Sec. 16. NRS 244A.653 is hereby amended to read as follows:
244A.653 A county whose population is 400,000 or more shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities, other than any notes or warrants maturing within 1 year from the respective dates of their issuance, but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 5 percent of the total last assessed valuation of the taxable property in the county. [A county whose population is 400,000 or more shall not become indebted in an amount exceeding 10 percent of that valuation by the issuance of any general obligation securities, other than any such notes or warrants, but excluding any outstanding special obligation securities and excluding any outstanding general obligation notes and warrants.]
Sec. 17. NRS 244A.655 is hereby amended to read as follows:
244A.655 A county whose population is less than 400,000 shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities, other than any notes or warrants maturing within 1 year from the respective dates of their issuance, but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county. [A county whose population is less than 400,000 shall not become indebted in an amount exceeding 10 percent of that valuation by the issuance of any general obligation securities, other than any such notes or warrants, but excluding any outstanding special obligation securities and excluding any outstanding general obligation notes and warrants.]
Sec. 18. 1. This section and sections 1 to 4, inclusive, of this act become effective upon passage and approval.
2. Sections 5 to 17, inclusive, of this act become effective on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 838κ
Senate Bill No. 454Committee on Government Affairs
CHAPTER 159
AN ACT relating to the City of North Las Vegas; amending the city charter to provide that the city attorney is appointed by, serves at the pleasure of, and is under the general direction and supervision of, the city council; 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. Section 1.080 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1211, is hereby amended to read as follows:
Sec. 1.080 Appointment of officers; city managers director.
1. [All] Except as otherwise provided in section 3.050, all officers, not elected or covered under the civil service system, [shall] must be appointed by the city manager subject to ratification by the city council.
2. All departments, offices and agencies under the direction and supervision of the city manager [shall] must be administered by an officer subject to the direction and supervision of the city manager. With the consent of the city council, the city manager may serve as the head of two or more departments, offices or agencies or may appoint one person to be head of two or more departments, offices or agencies.
3. All appointive officers of the city [shall] are entitled to receive such salary as may be designated by the city council.
4. The city council may require from all other officers and employees of the city constituted or appointed under this charter, except councilmen, sufficient security for the faithful and honest performance of their respective duties.
Sec. 2. Section 3.050 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1221, is hereby amended to read as follows:
Sec. 3.050 City attorney: [Qualifications; duties.] Appointment; salary; qualifications; duties; removal.
1. The city council shall appoint a city attorney and fix his salary.
2. The city attorney [shall] must be a duly licensed member of the State Bar of Nevada.
[2.] 3. The city attorney [shall be] is the chief legal officer of the city and shall perform such duties as may be designated by the city council or prescribed by ordinance.
4. The city attorney is under the general direction and supervision of the city council.
κ1999 Statutes of Nevada, Page 839 (Chapter 159, SB 454)κ
5. The city attorney serves at the pleasure of the city council and may be removed by an affirmative vote of a majority of the entire membership of the city council at any time.
________
Senate Bill No. 465Committee on Commerce and Labor
CHAPTER 160
AN ACT relating to financial institutions; authorizing banks to maintain trust offices in various locations under certain circumstances; authorizing the commissioner of financial institutions to collect fees for trust offices; clarifying the circumstances under which a foreign trust company or bank may be appointed to act as fiduciary in this state; amending the requirements for the articles of incorporation and organization of a trust company; amending certain requirements of an application for a license as a trust company; providing for the qualifications of the directors and officers of a trust company; revising the investment powers of a trust company; authorizing the commissioner of financial institutions to impose administrative penalties for violations of certain provisions governing trust companies; 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 658.096 is hereby amended to read as follows:
658.096 1. The commissioner shall charge and collect the following fees in connection with his official duties:
(a) For licensing of state banks:
(1) A fee of $200 for each parent bank, payable on June 30 of each year.
(2) A fee of $100 for each branch bank [,] or trust office, payable on June 30 of each year.
The fees must accompany the application for renewal of the license. A penalty of 10 percent of the fee must be charged for each month or part of a month that the fees are not paid after June 30 of each year.
(b) For applications for new branch banks [,] or trust offices, a nonrefundable fee of $200 for the application and survey , to be paid by the applicant at the time of making the application. The applicant [shall] must also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.
(c) For examinations and the examination of trust departments of state banks [,] or trust offices, a fee for conducting the examination and [in] for preparing and typing the report of the examination at the rate established pursuant to NRS 658.101.
2. Except as otherwise provided in paragraph (b) of subsection 1, all money collected pursuant this section must be paid into the state general fund.
3. As used in this section, trust office has the meaning ascribed to it in subsection 4 of section 4 of this act.
κ1999 Statutes of Nevada, Page 840 (Chapter 160, SB 465)κ
Sec. 2. Chapter 662 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. As used in NRS 662.235 and 662.245 and section 4 of this act, business of a trust company or trust company business has the meaning ascribed to it in section 7 of this act.
Sec. 4. 1. A bank organized under this Title may maintain trust offices in this or other states with the written consent of the commissioner.
2. Any action taken by the commissioner pursuant to subsection 1 is subject to review in the manner provided in NRS 659.055.
3. The commissioner may adopt regulations establishing reasonable conditions and requirements for the approval and maintenance of trust offices.
4. As used in this section, trust office means an office, other than the principal office, at which a bank organized under this Title is authorized by the commissioner to conduct the business of a trust company.
Sec. 5. NRS 662.245 is hereby amended to read as follows:
662.245 1. [Except as otherwise specifically provided by statute, no bank or other organization, and no officer, employee or agent of such an organization, acting on its behalf,] An organization that does not maintain an office in this state to conduct the business of a trust company may be appointed to act as fiduciary by any court or by authority of any law of this state [unless,] if, in addition to any other requirements of law, the [bank or other organization:
(a) Is organized under the laws of and has its principal place of business in this state or is a depository institution authorized by the commissioner to operate a branch or agency in this state;
(b) Is a national banking association which has its principal place of business in this state;
(c)] organization:
(a) Associates as cofiduciary a bank [whose principal place of business is] authorized to do business in this state [; or
(d) Is a national bank, banking corporation,] or a trust company licensed pursuant to chapter 669 of NRS; or
(b) Is a trust corporation or trust company which:
(1) Is organized under the laws of and has its principal place of business in another state which allows [banks,] trust corporations or trust companies [organized under the laws of this state] licensed pursuant to chapter 669 of NRS to act as fiduciary [;] in that state;
(2) Is authorized by its charter to act as fiduciary; and
(3) Before the appointment as fiduciary, files with the secretary of state a document, acknowledged before a notarial officer, which:
(I) Appoints the secretary of state as its agent upon whom all process in any action or proceeding against it may be served;
(II) Contains its agreement that the appointment continues in force as long as any liability remains outstanding against it in this state, and that any process against it which is served on the secretary of state is of the same legal validity as if served on it personally;
(III) Contains an address to which the secretary of state may mail the process when received; and
κ1999 Statutes of Nevada, Page 841 (Chapter 160, SB 465)κ
(IV) Is accompanied by a fee of $10.
A copy of the document required by this subparagraph, certified by the secretary of state, is sufficient evidence of the appointment and agreement.
2. A court [with] which has jurisdiction over the accounts of a fiduciary that is a [national bank, banking corporation,] trust corporation or trust company described in paragraph [(d)] (b) of subsection 1 [,] may require [such a] the fiduciary to provide a bond to ensure the performance of its duties as fiduciary, in the same manner and to the same extent as the court may require such a bond from a fiduciary that is a [banking or other corporation] bank or trust company described in paragraph (a) [or (b)] of subsection 1.
3. Service of process authorized by subparagraph (3) of paragraph [(d)] (b) of subsection 1 must be made by filing with the secretary of state:
(a) Two copies of the legal process. The copies must include a specific citation to the provisions of this section. The secretary of state may refuse to accept such service if the proper citation is not included in each copy.
(b) A fee of $10.
The secretary of state shall forthwith forward one copy of the legal process to the [bank or other] organization, by registered or certified mail prepaid to the address provided in the document filed pursuant to subparagraph (3) of paragraph [(d)] (b) of subsection 1.
4. As used in this section:
(a) Fiduciary means an executor, commissioner, guardian of minors or estates, receiver, depositary or trustee.
(b) Notarial officer has the meaning ascribed to it in NRS 240.005.
(c) State means any state or territory of the United States, or the District of Columbia.
Sec. 6. Chapter 669 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 10, inclusive, of this act.
Sec. 7. Business of a trust company or trust company business means the holding out by a person, by advertising, solicitation or other means, that it is available to act as a fiduciary in this state and undertaking to act as a fiduciary in the regular course of its business.
Sec. 8. Fiduciary means a trustee, executor, administrator, guardian of an estate, conservator, assignee for the benefit of creditors, receiver, depositary or person that receives on deposit money or property from a public administrator under any provision of this chapter or from another fiduciary.
Sec. 9. 1. If the commissioner ascertains by examination or otherwise that the capital or assets of a trust company are impaired or that the affairs of a trust company are in an unsafe condition which may result in danger to the public, he may immediately take possession of all the property, business and assets of the company which are located in this state and retain possession of them pending further proceedings as provided in this chapter.
2. If the directors or officers of a corporation or the managers or members acting in a managerial capacity of a limited-liability company refuse to allow the commissioner to take possession of the property of the company, the commissioner shall communicate that fact to the attorney general.
κ1999 Statutes of Nevada, Page 842 (Chapter 160, SB 465)κ
general. Upon notification from the commissioner, the attorney general shall immediately institute such proceedings as may be necessary to place the commissioner in immediate possession of the property of the company. Upon possession of the property, the commissioner shall make or have made an inventory of the assets and known liabilities of the company.
3. The commissioner shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the trust company is located and shall mail one copy to each director or officer of the corporation, or the manager or member acting in a managerial capacity of the limited-liability company, at his last known address.
4. The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.
Sec. 10. 1. The directors or officers of a corporation or the managers or members acting in a managerial capacity of a limited-liability company licensed as a trust company may, within 60 days after the date the commissioner takes possession of the property, business and assets of the corporation or limited-liability company licensed as a trust company, make good any deficit that exists or remedy the unsafe condition of the affairs of the corporation or limited-liability company licensed as a trust company.
2. At the expiration of the 60-day period set forth in subsection 1, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the commissioner may apply to the court to be appointed receiver and proceed to liquidate the assets of the company that are located in this state in the same manner as now provided by law for liquidation of a private corporation in receivership.
3. Another person may not be appointed receiver by any court unless he first gives the commissioner ample notice of his application.
4. The inventory made by the commissioner pursuant to section 9 of this act and all claims filed by creditors are open at all reasonable times for inspection, and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.
5. The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, must be fixed by the commissioner subject to the approval of the court and, upon certification of the commissioner, must be paid out of the money in his hands as the receiver.
Sec. 11. NRS 669.020 is hereby amended to read as follows:
669.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [669.030] 669.040 to 669.070, inclusive, and sections 7 and 8 of this act have the meanings ascribed to them in [such] those sections.
Sec. 12. NRS 669.040 is hereby amended to read as follows:
669.040 Court trust means [the action of a trust company acting under] a fiduciary relationship created by an appointment, order or decree [of any court as executor, administrator, guardian, conservator, assignee, receiver, depositary or trustee, or receiving on deposit money or property from a public administrator under any provision of this chapter or from any executor, administrator, guardian, conservator, assignee, receiver, depositary or trustee under any order or decree] of any court.
κ1999 Statutes of Nevada, Page 843 (Chapter 160, SB 465)κ
executor, administrator, guardian, conservator, assignee, receiver, depositary or trustee under any order or decree] of any court.
Sec. 13. NRS 669.050 is hereby amended to read as follows:
669.050 Private trust means [every other trust, agency,] a fiduciary relationship [or representative capacity] other than a court trust.
Sec. 14. NRS 669.070 is hereby amended to read as follows:
669.070 Trust company means a corporation [organized and] or limited‑liability company licensed as provided in this chapter and engaged in a trust company business.
Sec. 15. NRS 669.080 is hereby amended to read as follows:
669.080 1. This chapter does not apply to [:
1. Banks or banking institutions regulated under the provisions of chapters 657 to 668, inclusive, of NRS;
2. Savings and loan institutions regulated under chapter 673 of NRS;
3. Title insurers but only respecting escrows;
4. Nonprofit, charitable trusts or trust associations; or
5. Any person, if:
(a)] a person who:
(a) Does business under the laws of this state, the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies, but if the business conducted in this state is not subject to supervision by a regulatory authority of another jurisdiction, the person must be licensed pursuant to this chapter;
(b) Is appointed as a fiduciary pursuant to NRS 662.245;
(c) Is acting in the performance of his duties as an attorney at law;
(d) Acts as a trustee under a deed of trust;
(e) Acts as a resident agent for a domestic or foreign corporation, limited-liability company, limited partnership or limited-liability partnership;
(f) Acts as a trustee of a trust holding real property for the primary purpose of facilitating any transaction with respect to real estate if he is not regularly engaged in the business of acting as a trustee for such trusts;
(g) Engages in the business of a collection agency pursuant to chapter 649 of NRS;
(h) Engages in the business of an escrow agency, escrow agent or escrow officer pursuant to the provisions of chapter 645A or 692A of NRS;
(i) Acts as a trustee of a trust created for charitable or nonprofit purposes if he is not regularly engaged in the business of acting as trustee for such trusts;
(j) Receives money or other property as a real estate broker licensed under chapter 645 of NRS on behalf of a principal;
(k) Engages in transactions as a broker-dealer or sales representative pursuant to chapter 90 of NRS;
(l) Acts as a fiduciary under a court trust;
(m) Does business as an insurer authorized to issue policies of life insurance and annuities or endowment contracts in this state and is subject to regulation and control of the commissioner of insurance; or
(n) Acts as a fiduciary if:
(1) The fiduciary relationship is not one of his principal occupations; or
κ1999 Statutes of Nevada, Page 844 (Chapter 160, SB 465)κ
[(b)] (2) He serves as [trustee] a fiduciary for a relative by blood or marriage.
2. A bank, savings bank, savings and loan association or thrift company claiming an exemption from this chapter pursuant to paragraph (a) of subsection 1 must notify the commissioner of financial institutions of its intention to engage in the business of a trust company in this state and present proof satisfactory to the commissioner of financial institutions that its fiduciary activities in this state will be subject to regulation by another jurisdiction.
Sec. 16. NRS 669.095 is hereby amended to read as follows:
669.095 1. Except as otherwise provided in subsection 2, no person [, partnership, firm, association, corporation or other business] or organization formed and doing business under the laws of this state or any other state may:
(a) Use the word trust or any direct derivative of that word as a part of its name.
(b) Advertise or use any sign with the word trust used as a part of its name.
2. The provisions of subsection 1 do not apply to a person or [business] organization which:
(a) Is supervised by the commissioner of financial institutions pursuant to this chapter or chapters 657 to 668, inclusive, [or] 673 or 677 of NRS; [or]
(b) Is doing business under the laws of the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies;
(c) Is acting under an appointment pursuant to NRS 662.245; or
(d) Is supervised by the commissioner of insurance.
Sec. 17. NRS 669.110 is hereby amended to read as follows:
669.110 [Any three or more persons, a majority of whom shall be residents of this state, may execute articles of incorporation and be incorporated as a trust company in the manner prescribed in this chapter.] An applicant for a license to conduct the business of a trust company under this chapter must be organized as a corporation or limited‑liability company under the laws of this state or authorized to do business in this state as a foreign corporation or foreign limited‑liability company.
Sec. 18. NRS 669.120 is hereby amended to read as follows:
669.120 1. [The] If a corporation or limited‑liability company that is engaged in trust company business is organized under the laws of this state, the articles of incorporation or articles of organization must contain:
(a) The [corporate] name adopted by the [corporation,] trust company, which must be such as to distinguish it from any other trust company formed or incorporated in this state, or engaged in the [trust] business of a trust company in this state [.
(b) The place where its business is to be conducted.
(c)] ; and
(b) The purpose for which it is formed.
[(d) The amount of its stock, which must be divided into shares of the par value of not less than $1 each.
κ1999 Statutes of Nevada, Page 845 (Chapter 160, SB 465)κ
(e) The name and place of residence of, and the number of shares subscribed by, each stockholder.
(f) The number of directors, which must not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom must be a bona fide subscriber for at least $1,000 of the stock of the bank, fully paid and not hypothecated.
(g) The location of all branch offices as approved by the commissioner.
(h) Such other matters, not inconsistent with law, as the incorporators deem appropriate.
2. The articles of incorporation may also provide for:
(a) The issuance and sale of preferred stock in such amount as is fixed by the articles or by amendments thereto;
(b) The amount and number of shares of preferred stock; and
(c) The terms and conditions of the issuance and sale, which must not be inconsistent with the provisions of this chapter.]
2. The provisions of subsection 1 do not apply to a corporation or limited‑liability company engaged in trust company business that is organized under the laws of another state, but it must use a name that distinguishes it from any other trust company organized as or conducting the business of a trust company in this state.
Sec. 19. NRS 669.130 is hereby amended to read as follows:
669.130 [1. The secretary of state shall issue a certificate in the form provided by law for other corporations, and the existence of the trust company as a corporation begins upon the issuance of the certificate by the secretary of state, from which time it has and may exercise the powers conferred by law upon corporations generally, except as those powers are limited or modified by this chapter.
2. The] A trust company shall not transact business, except [the election of officers and the taking and approving of their official bonds, the receipt of payments on account of the subscriptions of the stock and such other business as is] business that is incidental to its organization, until it is authorized by the commissioner to commence the [trust company] business of a trust company as provided in this chapter.
Sec. 20. NRS 669.150 is hereby amended to read as follows:
669.150 1. [The corporate trust company shall] An applicant must file an application for a license to transact trust company business with the commissioner on forms prescribed by the commissioner, which must contain or be accompanied by such information as the commissioner requires.
2. A nonrefundable fee of $1,000 [for the application and survey] must accompany the application. The applicant [shall] must also pay such reasonable additional expenses incurred in the process of investigation as the commissioner deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the application.
3. [Any] A trust company may maintain offices in this and other states. For every branch location of a trust company organized under the laws of this state, and every branch location in this state of a foreign trust company authorized to do business in this state, a request for approval and licensing [of a branch location for a trust company] must be filed with the commissioner on such forms as he prescribes.
κ1999 Statutes of Nevada, Page 846 (Chapter 160, SB 465)κ
commissioner on such forms as he prescribes. A nonrefundable fee of $250 [for the application and survey] must accompany each request. In addition, a fee of not more than $100, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the request.
4. All money received by the commissioner pursuant to this section must be placed in the investigative account created by NRS 232.545.
Sec. 21. NRS 669.160 is hereby amended to read as follows:
669.160 1. Within 60 days after the application for a license is filed, the commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:
(a) That the persons who will serve as directors or officers [are qualified by character and experience.] of the corporation, or the managers or members acting in a managerial capacity of the limited‑liability company, as applicable:
(1) Have a good reputation for honesty, trustworthiness and integrity and display competence to transact the business of a trust company in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the commissioner.
(2) Have not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
(3) Have not made a false statement of material fact on the application.
(4) Have not had a license that was issued pursuant to the provisions of this chapter suspended or revoked within the 10 years immediately preceding the date of the application.
(5) Have not had a license as a trust company which was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of the application.
(6) Have not violated any of the provisions of this chapter or any regulation adopted pursuant to the provisions of this chapter.
(b) That the financial status of the [stockholders,] directors and officers of the corporation or the managers or members acting in a managerial capacity of the limited‑liability company is consistent with their responsibilities and duties.
(c) That the name of the proposed company is not deceptively similar to the name of another trust company licensed in this state or is not otherwise misleading.
(d) That the initial stockholders equity is not less than the required minimum.
[(e) The need for trust facilities or additional trust facilities in the community where the proposed trust company is to be located.
(f) Such other matters concerning the proposed trust company in relation to its location as the commissioner may deem relevant.
2. Within 90 days after the application is filed, the commissioner shall conduct a public hearing to consider the application. At least 30 days before the hearing, the commissioner shall give written notice of the hearing to all persons doing a trust business in the community in which the proposed trust company is to be located and to such other persons, institutions or organizations as he deems appropriate.]
κ1999 Statutes of Nevada, Page 847 (Chapter 160, SB 465)κ
persons doing a trust business in the community in which the proposed trust company is to be located and to such other persons, institutions or organizations as he deems appropriate.]
2. Notice of the entry of an order refusing a license to a trust company must be given in writing, served personally or sent by certified mail or by telegraph to the company affected. The company, upon application, is entitled to a hearing before a hearing officer appointed by the director of the department of business and industry, but if no such application is made within 30 days after the entry of an order refusing a license to any company, the commissioner shall enter a final order.
3. If the hearing officer affirms the order of the commissioner refusing the license, the applicant may file a petition for judicial review pursuant to NRS 233B.130.
Sec. 22. NRS 669.220 is hereby amended to read as follows:
669.220 1. [Every] A trust company:
(a) Shall keep all trust funds and investments separate from the assets of the trust company, and all investments made by the trust company as a fiduciary must be designated so that the trust or estate to which the investments belong may be clearly identified.
(b) [Holding] When it holds trust funds awaiting investment or distribution , may deposit or leave those funds on deposit with a state or national bank. The funds must not be deposited or left with the same corporation depositing them or leaving them on deposit, or with a corporation or association holding or owning a majority of the stock of the trust company making or leaving the deposit, unless that corporation or association first pledges, as security for the deposit, securities eligible for investment by state banks which have a market value equal to that of the deposited funds. No security is required with respect to any portion of the deposits that is insured under the provisions of any law of the United States.
(c) [Acting] When it acts in any capacity under a court trust or private trust, unless the instrument creating the trust provides otherwise, may cause any securities held by it in its representative capacity to be registered in the name of a nominee or nominees of the trust company.
(d) When acting as depositary or custodian for the personal representative of a court trust or private trust, unless the instrument creating the trust provides otherwise, may with the consent of the personal representative of the trust, cause any securities held by it to be registered in the name of a nominee or nominees of the trust company.
2. [Every] A trust company is liable for any loss occasioned by the acts of its nominees with respect to securities registered under this section.
3. No corporation or the registrar or transfer agent of the corporation is liable for registering or causing to be registered on the books of the corporation any securities in the name of any nominee of a trust company or for transferring or causing to be transferred on the books of the corporation any securities registered by the corporation in the name of any nominee of a trust company when the transfer is made on the authorization of the nominee.
4. Except as otherwise provided in subsection 5, [a trust companys investments] the assets forming the capital of a trust company must:
(a) Be governmental obligations or insured deposits [.
κ1999 Statutes of Nevada, Page 848 (Chapter 160, SB 465)κ
(b) Mature] that mature within 3 years after acquisition.
[The]
(b) Have an aggregate market value [of all investments must equal or exceed] that equals or exceeds 60 percent of the companys current stockholders equity or 60 percent of the companys initial stockholders equity, whichever is greater.
5. A trust company may purchase or rent land and equipment for use in the daily activities of the trust company.
Sec. 23. NRS 669.225 is hereby amended to read as follows:
669.225 1. [A] In addition to the powers of investment granted to the trust company by the instrument creating the relationship of fiduciary or agent, a trust company which is acting as a fiduciary or agent may, in its discretion or at the direction of another person who is authorized to direct the investment of money held by the trust company as a fiduciary or agent, invest in the securities of [a management] an investment trust or [management] investment company if:
(a) The investment trust or investment company is registered pursuant to the Investment Company Act of 1940 as amended , [(] 15 U.S.C. §§ 80a-1 et seq. [)] ; and
(b) The portfolio of the investment trust or investment company consists substantially of investments which are not prohibited by the instrument creating the fiduciary or agency relationship.
2. A trust company or an affiliate of the trust company may provide services to the investment trust or investment company, including, without limitation, acting as an investment adviser, custodian, transfer agent, registrar, sponsor, distributor or manager and may receive reasonable compensation for the services. The manner in which the compensation is calculated must be disclosed to the person who is currently receiving the benefits of the relationship of a fiduciary or [agency relationship] agent with the trust company. The disclosure may be made by a prospectus, a statement of account or otherwise.
3. A trust company may deposit money held by the trust company as a fiduciary or agent with an affiliate before investing or making other disposition of the money.
Sec. 24. NRS 669.240 is hereby amended to read as follows:
669.240 1. The directors or managers of a trust company shall require good and sufficient fidelity bonds in the amount of $25,000 or more on all active officers , managers, members acting in a managerial capacity and employees, whether or not they receive a salary or other compensation from the trust company, to indemnify the trust company against loss because of any dishonest, fraudulent or criminal act or omission by any [officer or employee] of the persons bonded acting alone or in combination with any other person. The bonds may be in any form and may be paid for by the trust company.
2. The [directors] trust company shall obtain suitable insurance [for their company] against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.
3. The [directors] trust company shall at least annually prescribe the amount or penal sum of the bonds or policies and designate the sureties and underwriters thereof, after giving due and careful consideration to all known elements and factors constituting a risk or hazard.
κ1999 Statutes of Nevada, Page 849 (Chapter 160, SB 465)κ
underwriters thereof, after giving due and careful consideration to all known elements and factors constituting a risk or hazard. The [directors] action must be recorded in the minutes of the [board of directors] trust company and reported to the commissioner.
Sec. 25. NRS 669.280 is hereby amended to read as follows:
669.280 1. The violation of any of the provisions of this chapter by the officers or directors , or the managers or members acting in a managerial capacity, of any trust company [authorized to do business under the provisions of this chapter] is sufficient cause for the commissioner to close the trust company, liquidate its business and revoke its license.
2. If [any officer or director of] a trust company or any person authorized to act on the behalf of the trust company refuses to allow the commissioner or his deputies to inspect all books, records, papers and effects of [its business,] the business of the trust company, the commissioner may revoke its license and proceed to wind up [its affairs.] the affairs of the trust company.
Sec. 26. NRS 669.290 is hereby amended to read as follows:
669.290 Each officer, [employer,] director , manager, member, employee or agent of a trust company who knowingly or willfully neglects to perform any duty required by this chapter or other applicable law, or who knowingly or willfully fails to conform to any material lawful requirement made by the commissioner, is subject to removal upon order of the commissioner, and is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 27. NRS 159.017 is hereby amended to read as follows:
159.017 Guardian means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes [a bank] an organization under NRS 662.245 and joint appointees. The term includes a special guardian.
Sec. 28. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
Sec. 29. NRS 669.030, 669.140, 669.170 and 669.180 are hereby repealed.
________
κ1999 Statutes of Nevada, Page 850κ
Senate Bill No. 449Senator Coffin
CHAPTER 161
AN ACT relating to concealed firearms; requiring a sheriff to provide notice to a victim of a violent crime regarding certain actions taken concerning a permit to carry a concealed firearm or an application for such a permit; 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 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a sheriff who is processing an application for a permit receives notification pursuant to NRS 202.3657 that the applicant has been:
(a) Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
(1) Suspended the processing of the application until the final disposition of the charges against the applicant; or
(2) Resumed the processing of the application following the dropping of charges against the applicant or the acquittal of the applicant.
(b) Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, denied the application.
2. If a sheriff who has issued a permit to a permittee receives notification pursuant to NRS 202.3657 that the permittee has been:
(a) Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
(1) Suspended the permit of the permittee until the final disposition of the charges against the permittee; or
(2) Restored the permit of the permittee following the dropping of charges against the permittee or the acquittal of the permittee.
(b) Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, revoked the permit of the permittee.
3. The sheriff shall notify a victim pursuant to subsection 1 or 2 not later than 10 days after the date on which the sheriff performs one of the actions listed in subsection 1 or 2 concerning an application or a permit.
Sec. 2. NRS 202.3653 is hereby amended to read as follows:
202.3653 As used in NRS 202.3653 to 202.369, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Concealed firearm means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.
2. Department means the department of motor vehicles and public safety.
κ1999 Statutes of Nevada, Page 851 (Chapter 161, SB 449)κ
3. Permit means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.
Sec. 3. NRS 202.3662 is hereby amended to read as follows:
202.3662 1. Except as otherwise provided
in this section [:] and section 1 of this act:
(a) An application for a permit, and all information contained within that application; and
(b) All information provided to a sheriff or obtained by a sheriff in the course of his investigation of an applicant,
are confidential.
2. Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.
3. Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.
________
Senate Bill No. 315Committee on Judiciary
CHAPTER 162
AN ACT relating to civil actions; requiring arbitrators to make certain findings in certain civil actions; requiring such findings to be introduced into evidence at a trial de novo before a jury; requiring the court to give certain jury instructions concerning arbitration at a trial de novo before a jury; and providing other matters properly relating thereto.
[Approved May 19, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.258, inclusive, the arbitrator or panel of arbitrators shall, in addition to any other written findings of fact or conclusions of law, make written findings in accordance with this subsection concerning each cause of action. The written findings must be in substantially the following form, with panel of arbitrators being substituted for arbitrator when appropriate:
Based upon the evidence presented at the arbitration hearing concerning the cause of action for ................, the arbitrator finds in favor of ................(name of the party) and ................(awards damages in the amount of $................ or does not award any damages on that cause of action).
κ1999 Statutes of Nevada, Page 852 (Chapter 162, SB 315)κ
2. If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.258, inclusive, and, after arbitration, a party requests a trial anew before a jury:
(a) The written findings made by the arbitrator or the panel of arbitrators pursuant to subsection 1 must be admitted at trial. The testimony of the arbitrator or arbitrators, whenever taken, must not be admitted at trial, and the arbitrator or arbitrators must not be deposed or called to testify concerning the arbitration. Any other evidence concerning the arbitration must not be admitted at trial, unless the admission of such evidence is required by the constitution of this state or the Constitution of the United States.
(b) The court shall give the following instruction to the jury concerning the action, substituting panel of arbitrators for arbitrator when appropriate:
During the course of this trial, certain evidence was admitted concerning the findings of an arbitrator. On the cause of action for ................, the arbitrator found in favor of ................(name of the party) and ................(awarded damages in the amount of $................ or did not award any damages on that cause of action). The findings of the arbitrator may be given the same weight as other evidence or may be disregarded. However, you must not give those findings undue weight because they were made by an arbitrator, and you must not use the findings of the arbitrator as a substitute for your independent judgment. You must weigh all the evidence that was presented at trial and arrive at a conclusion based upon your own determination of the cause of action.
3. The court shall give a separate instruction pursuant to paragraph (b) of subsection 2 for each such cause of action that is tried before a jury.
Sec. 2. NRS 38.250 is hereby amended to read as follows:
38.250 Except as otherwise provided in NRS 38.310:
1. All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $40,000 must be submitted to nonbinding arbitration in accordance with the provisions of NRS [38.253, 38.255 and 38.258.] 38.250 to 38.258, inclusive, and section 1 of this act.
2. A civil action for damages filed in justices court may be submitted to arbitration if the parties agree, orally or in writing, to the submission.
Sec. 3. The amendatory provisions of this act apply to an action that is filed on or after October 1, 1999.
________
κ1999 Statutes of Nevada, Page 853κ
Assembly Bill No. 95Committee on Government Affairs
CHAPTER 163
AN ACT relating to local improvements; authorizing the creation of a local improvement district for a street beautification project; requiring the governing body of a municipality which creates an improvement district to establish a procedure for hardship determinations; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Street beautification project means the beautification of any street, including, without limitation, median strips, pedestrian malls, covered walkways or areas, water distribution and irrigation systems, retaining walls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls, decorative structures, benches, information booths, restrooms, signs and other structures, and the reconstruction and relocation of existing municipally owned works, improvements or facilities on such streets, whether or not performed in conjunction with a street project or offstreet parking project, or both.
Sec. 3. 1. On or before June 30 of each year after the creation of a district for a street beautification project, the governing body shall prepare and approve an estimate of the costs required during the next fiscal year and a proposed assessment roll assessing an amount not in excess of those estimated costs against the benefited property. The basis for the computation of the assessments must be the frontage or another uniform and quantifiable basis.
2. A public hearing must be conducted on the estimate of costs for the next year and the assessment roll. Notice of the hearing must be given, and the hearing conducted, in the manner described in NRS 271.380 and 271.385. The proposed assessments must not exceed the estimated amount specified in the original assessment plat unless a new hearing, after published and mailed notice, is held in the manner described in NRS 271.305, 271.306 and 271.310.
3. After the public hearing on the assessment roll, the governing body shall, by resolution or ordinance, confirm the assessments as specified in the roll or as modified.
4. The assessments must be due over a period of 1 year after the effective date of the resolution or ordinance confirming the assessments. The assessments may be made payable at one time or in two or more installments over that period. Interest may not be charged on an assessment or installment paid when due.
Sec. 4. NRS 271.030 is hereby amended to read as follows:
271.030 [Except where the context otherwise requires, the definitions in NRS 271.035 to 271.250, inclusive, govern the construction of this chapter.] As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
κ1999 Statutes of Nevada, Page 854 (Chapter 163, AB 95)κ
and terms defined in NRS 271.035 to 271.250, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 271.265 is hereby amended to read as follows:
271.265 1. The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both, within and without the municipality:
(a) A curb and gutter project;
(b) A drainage project;
(c) An offstreet parking project;
(d) An overpass project;
(e) A park project;
(f) A sanitary sewer project;
(g) A security wall;
(h) A sidewalk project;
(i) A storm sewer project;
(j) A street project;
(k) A street beautification project;
(l) A transportation project;
[(l)] (m) An underpass project;
[(m)] (n) A water project; and
[(n)] (o) Any combination of such projects.
2. In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both, within and without the municipality:
(a) An electrical project;
(b) A telephone project;
(c) A combination of an electrical project and a telephone project;
(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and
(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.
3. In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.
Sec. 6. NRS 271.280 is hereby amended to read as follows:
271.280 1. Whenever the governing body is of the opinion that the interest of the municipality requires any project, the governing body, by resolution, shall direct the engineer to prepare, or may, after he has prepared, ratify:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
κ1999 Statutes of Nevada, Page 855 (Chapter 163, AB 95)κ
(3) A preliminary estimate of the cost of the project, including incidental costs.
(b) An assessment plat showing:
(1) The area to be assessed.
(2) [The] Except as otherwise provided in section 3 of this act, the amount of maximum benefits estimated to be assessed against each tract in the assessment area.
The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.
2. The resolution or ratification may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.
3. The resolution or document ratified must describe the project in general terms.
4. The resolution or document ratified must state:
(a) What part or portion of the expense of the project is of special benefit and therefore is to be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. If the assessment is not to be made according to front feet, the resolution or document ratified must:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document ratified so to state and to define the location of the project to be made.
7. It is not necessary in any case to describe minutely in the resolution or document ratified each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. The engineer shall forthwith prepare and file with the clerk:
(a) The preliminary plans; and
(b) The assessment plat.
9. Upon the filing of the plans and plat, they must be examined by the governing body. If the plans and plat are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.
κ1999 Statutes of Nevada, Page 856 (Chapter 163, AB 95)κ
Sec. 7. NRS 271.306 is hereby amended to read as follows:
271.306 1. Regardless of the basis used for apportioning assessments, the amount apportioned to a wedge or V or any other irregularly shaped tract must be in proportion to the special benefits thereby derived.
2. [If,] Except as otherwise provided in subsection 3, if, within the time specified in the notice, complaints, protests and objections in writing, that is, all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein must not be acquired or improved unless:
(a) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy of assessments; or
(b) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets. In this case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved. Such improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, deems such written complaints, protests and objections proper to cause the improvement to be stayed or prevented.
3. Written remonstrances by the owners of tracts constituting 50 percent of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a street beautification project.
Sec. 8. NRS 271.357 is hereby amended to read as follows:
271.357 1. The governing body of each municipality which creates an improvement district [may] shall establish a procedure to allow a person whose property will be included within the boundaries of the district to apply for a hardship determination.
2. The procedure must include the referral of applications to an appropriate social services agency within the local government for evaluation. The agency shall consider each application on the basis of ability to pay the assessments attributable to the applicants property and render a recommendation of approval or disapproval to the governing body.
3. The procedure must include a requirement for renewal of the hardship determination as often as the governing body deems necessary. An application for the renewal of a hardship determination must be treated in a manner that is similar to the evaluation and approval required for an initial determination.
Sec. 9. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses. The governing body may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.
κ1999 Statutes of Nevada, Page 857 (Chapter 163, AB 95)κ
more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.
2. Bonds must be sold in the manner prescribed in NRS 350.105 to 350.195, inclusive:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in NRS 271.487 and 271.730, at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.
3. Except as otherwise provided in NRS 271.487 and 271.730, the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the limitation provided in subsection 2, as the governing body may determine.
4. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.
5. Any accrued interest and any premium must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
8. A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
9. The governing body may enter into a contract to sell special assessment bonds at any time but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed pursuant to subsection 2 or 3 of NRS 271.330, but has elected to proceed pursuant to subsection 1 of that section.
κ1999 Statutes of Nevada, Page 858 (Chapter 163, AB 95)κ
10. If the governing body ceases to have jurisdiction to proceed, because the requisite proportion of owners of [more than one-half of] the frontage to be assessed, or of [such] the area, zone or other [assessment basis,] basis of assessment, file written complaints, protests and objections to the project, as provided in NRS 271.306, or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.
________
Assembly Bill No. 107Committee on Commerce and Labor
CHAPTER 164
AN ACT relating to manufactured housing; requiring dealers to comply with certain requirements concerning money held by them pending the sale or exchange of an interest in a manufactured home, mobile home or commercial coach; establishing requirements relating to the enforceability of certain brokerage agreements; requiring dealers who enter into brokerage agreements to perform certain acts relating to their clients; revising the categories of licensure as a limited serviceman; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Brokerage agreement means a contract between a dealer and a client in which the dealer agrees to accept compensation to:
1. Assist, solicit or negotiate the sale or exchange of an interest in a manufactured home, mobile home or commercial coach; or
2. Induce any person to buy or exchange an interest in a manufactured home, mobile home or commercial coach.
Sec. 3. Client means a person who has entered into a brokerage agreement with a dealer.
Sec. 4. 1. Any money that a dealer receives from a client or other person concerning the sale or exchange of an interest in a manufactured home, mobile home or commercial coach must be accounted for by the dealer when:
(a) The sale or exchange of the interest in the manufactured home, mobile home or commercial coach is executed; or
(b) The contract for the sale or exchange of the interest in the manufactured home, mobile home or commercial coach is rescinded by the dealer, client or any other person,
whichever occurs earlier.
2. The dealer shall:
(a) Prepare or cause to be prepared a written itemized statement concerning each expenditure or deduction of money made by the dealer;
(b) Deliver or cause to be delivered to each person from whom the dealer received money a copy of the written itemized statement; and
(c) Maintain a copy of the written itemized statement at his place of business.
κ1999 Statutes of Nevada, Page 859 (Chapter 164, AB 107)κ
3. Except as otherwise provided in a brokerage agreement or an escrow agreement signed by the parties to a sale or exchange of an interest in a manufactured home, mobile home or commercial coach and the escrow agent or escrow officer licensed pursuant to the provisions of chapter 645A or 692A of NRS, no money concerning that sale or exchange held by a dealer may be distributed until:
(a) An application for:
(1) A certificate of ownership for the manufactured home, mobile home or commercial coach; or
(2) A certificate of title or certificate of ownership that does not pass immediately upon the sale or transfer of the manufactured home, mobile home or commercial coach,
has been submitted to the division;
(b) Each person who has a financial interest in the manufactured home, mobile home or commercial coach has executed a document that releases or waives his interest; and
(c) Each party to the sale or exchange has complied with the requirements for the sale or exchange that are set forth in the regulations adopted pursuant to the provisions of this chapter.
Sec. 5. A brokerage agreement that includes a provision that grants a dealer the exclusive right to assist, solicit or negotiate the sale or exchange of an interest in a manufactured home, mobile home or commercial coach on behalf of a client is enforceable if the agreement:
1. Is in writing;
2. Sets forth the date the brokerage agreement expires;
3. Does not require the client to perform any act concerning the brokerage agreement after the agreement expires; and
4. Is signed by the client or his representative and the dealer or his representative.
Sec. 6. 1. A dealer who has entered into a brokerage agreement with a client for the sale or exchange of an interest in a manufactured home, mobile home or commercial coach shall:
(a) Seek the price and terms for the sale or exchange that are set forth in the brokerage agreement or are approved by the client;
(b) Present all offers made to or by the client as soon as practicable;
(c) Disclose to the client all the material facts known by him concerning the sale or exchange;
(d) Advise the client to obtain advice from an expert concerning any matters that are beyond the knowledge or expertise of the dealer;
(e) As soon as practicable, account for all money and property he receives in which the client may have a financial interest; and
(f) As soon as practicable, deliver to each party a copy of the executed contract for the sale or exchange.
2. A dealer shall not enter into a brokerage agreement with a client for the sale or exchange of an interest in a manufactured home, mobile home or commercial coach unless the dealer has determined that the client will be able to deliver good title upon the execution of the sale or exchange of the interest in the manufactured home, mobile home or commercial coach.
κ1999 Statutes of Nevada, Page 860 (Chapter 164, AB 107)κ
Sec. 7. 1. Unless otherwise specifically waived in writing by the buyer, for each sale of a manufactured home, mobile home or commercial coach in which the dealer is the seller or an agent of the seller, there is an implied warranty by the dealer that all the essential systems are in working order upon the execution of the sale. For the purposes of this subsection, the words as is or any similar words do not constitute a waiver of the implied warranty unless the words specifically refer to a specific component of an essential system.
2. As used in this section, essential system means the heating, air-conditioning, electrical, plumbing and drainage systems of a manufactured home, mobile home or commercial coach.
Sec. 8. The administrator shall prescribe, by regulation, the form of the contract that must be used for the sale of a manufactured home, mobile home or commercial coach.
Sec. 9. 1. Except as otherwise provided in subsection 2, a dealer shall not obtain or attempt to obtain the signature of a buyer on a contract for the sale or exchange of an interest in a mobile home, manufactured home or commercial coach if any of the essential provisions of the contract are not set forth in the contract.
2. The dealer may insert:
(a) The identification number or identifying marks of a manufactured home, mobile home or commercial coach; and
(b) The date the first installment payment for the sale or exchange is due from the buyer,
into the blank spaces of a contract after the contract has been signed by a buyer if the manufactured home, mobile home or commercial coach was not delivered to the buyer on the date the contract was executed.
3. The administrator shall prescribe, by regulation, the essential provisions of a contract.
Sec. 10. NRS 489.031 is hereby amended to read as follows:
489.031 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.036 to 489.155, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 11. NRS 489.076 is hereby amended to read as follows:
489.076 1. Dealer means any person who:
(a) For compensation, money or any other [things] thing of value, sells, exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a manufactured home, mobile home or commercial coach subject to the requirements of this chapter, or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobile home or commercial coach;
(b) For compensation, money or any other thing of value, leases or rents, offers for lease or rental, negotiates or attempts to negotiate the lease or rental of an interest in a manufactured home, mobile home or commercial coach subject to the requirements of this chapter, or induces or attempts to induce any person to lease or rent an interest in a manufactured home, mobile home or commercial coach;
κ1999 Statutes of Nevada, Page 861 (Chapter 164, AB 107)κ
(c) Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any manufactured home, mobile home or commercial coach;
[(c)] (d) Is engaged wholly or in part in the business of [selling] :
(1) Selling, renting or leasing manufactured homes, mobile homes or commercial coaches [, or buying] ;
(2) Buying or taking [them] manufactured homes, mobile homes or commercial coaches in trade for the purpose of resale, selling, or offering them for sale or consignment to be sold [, or otherwise] ;
(3) Buying or taking manufactured homes, mobile homes or commercial coaches in trade to rent, lease or offer them for rent or lease; or
(4) Otherwise dealing in manufactured homes, mobile homes or commercial coaches; or
[(d)] (e) Acts as a repossessor or liquidator concerning manufactured homes, mobile homes or commercial coaches,
whether or not they are owned by such persons.
2. The term does not include:
(a) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the order of any court;
(b) Public officers while performing their official duties;
(c) Banks, savings and loan associations, credit unions, thrift companies or other financial institutions proceeding as repossessors or liquidators of their own security; [or]
(d) A person who rents or leases his manufactured home, mobile home or commercial coach; or
(e) An owner selling his private residence.
Sec. 12. NRS 489.137 is hereby amended to read as follows:
489.137 Salesman means any person employed by a dealer or rebuilder, under any form of contract or arrangement to sell, rent, lease, exchange [,] or buy, or offer for sale, rental, lease or exchange , an interest in a manufactured home, mobile home or commercial coach to any person, and who receives or expects to receive a commission, fee or any other consideration from his employer.
Sec. 13. NRS 489.325 is hereby amended to read as follows:
489.325 1. The administrator may adopt regulations which provide for the creation of a subclass of licensure for servicemen. A person licensed as a limited serviceman pursuant to this section must be limited in the scope of the work he may perform to installation or repair in one of the following categories:
(a) Awnings, roofing or skirting;
(b) Plumbing; [or]
(c) Heating and air‑conditioning systems; or [electrical]
(d) Electrical systems.
2. The administrator shall provide in [such a regulation] those regulations for:
(a) The imposition of reasonable fees for application, examination and licensure.
κ1999 Statutes of Nevada, Page 862 (Chapter 164, AB 107)κ
(b) The creation and administration of a written or oral examination for each category of limited licensure.
(c) Minimum qualifications for such a license, including , without limitation, the passage of the applicable examination.
3. A person who is licensed as a limited serviceman shall comply with each statute and regulation which applies to servicemen, including , without limitation, the [required] payment of a fee required pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.
Sec. 14. NRS 489.4975 is hereby amended to read as follows:
489.4975 1. When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter in an action [described in NRS 489.4973,] for fraud, misrepresentation or deceit, the judgment creditor may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the account in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per claimant and the liability of the account may not exceed $100,000 for any licensee.
2. A copy of the petition must be served upon the administrator and an affidavit of service filed with the court.
3. The court shall act upon the petition within 30 days after service and, upon the hearing of the petition, the judgment creditor must show that:
(a) He is not the spouse of the judgment debtor, or the personal representative of that spouse.
(b) He has complied with all the requirements of NRS 489.4971 to 489.4989, inclusive.
(c) He has obtained a judgment of the kind described in subsection 1, stating the amount of the judgment and the amount owing on it at the date of the petition.
(d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of any of them as were found under the execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.
(e) He and the division have made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.
(f) The petition has been filed [no] not more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.
Sec. 15. NRS 489.715 is hereby amended to read as follows:
489.715 1. Full disclosure of all terms and conditions of an offer to sell, buy or lease a used manufactured home, used mobile home or used commercial coach must be set forth in writing and signed by the seller, buyer and dealer.
2. Any offer to purchase or lease a used manufactured home, used mobile home or used commercial coach must be submitted within 5 days after the offer is made to the owner or his authorized agent for approval or disapproval.
κ1999 Statutes of Nevada, Page 863 (Chapter 164, AB 107)κ
disapproval. The offer must be in writing and signed and dated by the person making the offer and by the dealer.
3. As used in this section, authorized agent does not include a dealer or an employee or agent of the dealer.
Sec. 16. NRS 489.4973 is hereby repealed.
________
Assembly Bill No. 111Committee on Commerce and Labor
CHAPTER 165
AN ACT relating to safety in the workplace; requiring the establishment of a written safety program in certain workplaces where explosives are manufactured; providing exceptions; requiring safety programs and related training programs to be in a language and format that is understandable to each employee; revising the provisions governing the manner in which rights and responsibilities of employers and employees relating to safety are furnished to employees; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 618.376 is hereby amended to read as follows:
618.376 1. Every employer shall, upon hiring an employee, provide the employee with a document or videotape setting forth the rights and responsibilities of employers and employees to promote safety in the workplace. The document, or evidence of receipt of the videotape, must be signed by the employer and employee and placed in the employees personnel file. The document or videotape shall not be deemed to be a part of any employment contract.
2. The division shall adopt regulations specifying the contents of such a document or videotape and establishing requirements for [issuing] making the document or videotape available in different languages.
Sec. 2. NRS 618.383 is hereby amended to read as follows:
618.383 1. Except as otherwise provided in [subsection 7,] subsections 8 and 9, an
employer shall establish a written safety program and carry out the
requirements of the program within 90 days after it is established.
2. The written safety program must include:
(a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries [.] or where explosives are manufactured.
(b) If an employer has more than 25 employees, or if an employers employees are engaged in the manufacture of explosives, the establishment of a safety committee. The safety committee must include representatives of employees. If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.
κ1999 Statutes of Nevada, Page 864 (Chapter 165, AB 111)κ
3. A representative of employees while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities.
4. The written safety program and all training programs required pursuant to this section must be conducted and made available in a language and format that is understandable to each employee.
5. The administrator of the division shall adopt regulations establishing the minimum requirements for a written safety program.
[5.] 6. The administrator of the division shall develop and provide each employer with a written guide for establishing a written safety program.
[6.] 7. An employer who contracts with a temporary employment service shall provide specialized training concerning safety for the employees of the service before they begin work at each site or as soon as possible thereafter.
[7.] 8. An employer who has 10 or fewer employees is exempted from the provisions of this section unless the employer [has] :
(a) Has been identified pursuant to NRS 616B.206 as having excessive losses [.] ; or
(b) Has employees engaged in the manufacture of explosives.
9. For the purposes of this section, an employer in the mining industry shall not be deemed to be a manufacturer of explosives.
10. Except as otherwise provided in subsection 11, as used in this section, explosives means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.
11. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the definition of destructive device pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.
κ1999 Statutes of Nevada, Page 865 (Chapter 165, AB 111)κ
Sec. 3. Section 119.5 of chapter 580, Statutes of Nevada 1995, at page 2038, is hereby amended to reads as follows:
Sec. 119.5. NRS 618.383 is hereby amended to read as follows:
618.383 1. Except as otherwise provided in subsections 8 and 9, an employer shall establish a written safety program and carry out the requirements of the program within 90 days after it is established.
2. The written safety program must include:
(a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries or where explosives are manufactured.
(b) If an employer has more than 25 employees, or if an employers employees are engaged in the manufacture of explosives, the establishment of a safety committee. The safety committee must include representatives of employees. If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.
3. A representative of employees while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities.
4. The written safety program and all training programs required pursuant to this section must be conducted and made available in a language and format that is understandable to each employee.
5. The administrator of the division shall adopt regulations establishing the minimum requirements for a written safety program.
6. The administrator of the division shall develop and provide each employer with a written guide for establishing a written safety program.
7. An employer who contracts with a temporary employment service shall provide specialized training concerning safety for the employees of the service before they begin work at each site or as soon as possible thereafter.
8. An employer who has 10 or fewer employees is exempted from the provisions of this section unless the employer [:
(a) Has been identified pursuant to NRS 616.380 as having excessive losses; or
(b) Has] has employees engaged in the manufacture of explosives.
9. For the purpose of this section, an employer in the mining industry shall not be deemed to be a manufacturer of explosives.
10. Except as otherwise provided in subsection 11, as used in this section, explosives means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.
κ1999 Statutes of Nevada, Page 866 (Chapter 165, AB 111)κ
proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.
11. For the purposess of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the definition of destructive device pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 141Committee on Health and Human Services
CHAPTER 166
AN ACT relating to mentally ill persons; clarifying certain provisions governing the rights of a client concerning admission to a mental health facility; revising the circumstances under which a mentally ill person who is involuntarily admitted to a mental health facility and is conditionally released may be required to return to the facility; revising the process by which such a person may be unconditionally released before the expiration of the statutory period for detention; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.471 is hereby amended to read as follows:
433.471 Each client admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:
1. The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the client or for any other financial purpose.
κ1999 Statutes of Nevada, Page 867 (Chapter 166, AB 141)κ
2. The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a client from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.
3. As used in this section, improper conduct means a violation of the rules, policies or procedures of the facility.
Sec. 2. NRS 433A.370 is hereby amended to read as follows:
433A.370 1. When a client committed by a court to a division facility on or before June 30, 1975, or a client who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to NRS 433A.150 to 433A.300, inclusive, escapes from any division facility, or when a judicially admitted client has not returned to a division facility from [convalescent leave] conditional release after the administrative officer of the facility has ordered him to do so, any peace officer shall, upon written request of the administrative officer or his designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.
2. Any person appointed or designated by the director of the department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.
Sec. 3. NRS 433A.380 is hereby amended to read as follows:
433A.380 1. Except as otherwise provided in subsection 4, any person involuntarily admitted by a court may be conditionally released from a public or private mental health facility [on convalescent leave] when, in the judgment of the medical director of the facility, the [convalescent status] conditional release is in the best interest of the person and will not be detrimental to the public welfare. The medical director or his designee of the facility shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of treatment pursuant to NRS 433A.310.
2. When a person is conditionally released pursuant to subsection 1, the state or any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.
3. When a person who has been adjudicated by a court to be incompetent is conditionally released from a mental health facility, the administrative officer of the mental health facility shall petition the court for restoration of full civil and legal rights as deemed necessary to facilitate the incompetent persons rehabilitation.
4. A person who was involuntarily admitted by a court because he was likely to harm others if allowed to remain at liberty may be conditionally released only if, at the time of the release, written notice is given to the court which admitted him and to the district attorney of the county in which the proceedings for admission were held.
5. Except as otherwise provided in subsection 7, the administrative officer of a public or private mental health facility or his designee shall order a person who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that persons treatment team who is professionally qualified in the field of psychiatric mental health determine, pursuant to NRS 433A.115, that the conditional release is no longer appropriate because that person presents a clear and present danger of harm to himself or others.
κ1999 Statutes of Nevada, Page 868 (Chapter 166, AB 141)κ
order a person who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that persons treatment team who is professionally qualified in the field of psychiatric mental health determine, pursuant to NRS 433A.115, that the conditional release is no longer appropriate because that person presents a clear and present danger of harm to himself or others. Except as otherwise provided in this subsection, the administrative officer or his designee shall, at least 3 days before the issuance of the order to return, give written notice of the order to the court that admitted the person to the facility. If an emergency exists in which the person presents an imminent threat of danger of harm to himself or others, the order must be submitted to the court not later than 1 business day after the order is issued.
6. The court shall review an order submitted pursuant to subsection 5 and the current condition of the person who was ordered to return to the facility at its next regularly scheduled hearing for the review of petitions for involuntary court-ordered admissions, but in no event later than 5 judicial days after the person is returned to the facility. The administrative officer or his designee shall give written notice to the person who was ordered to return to the facility and to his attorney, if known, of the time, date and place of the hearing and of the facts necessitating that persons return to the facility.
7. The provisions of subsection 5 do not apply if the period of conditional release has expired.
Sec. 4. NRS 433A.390 is hereby amended to read as follows:
433A.390 1. When a client, involuntarily admitted to a mental health facility by court order, is released at the end of the time specified pursuant to NRS 433A.310, written notice must be given to the admitting court at least 10 days before the release of the client. The client may then be released without requiring further orders of the court.
2. An involuntarily court-admitted client may be [conditionally] unconditionally released before the period specified in NRS 433A.310 when:
(a) An evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the client has recovered from his mental illness or has improved to such an extent that he is no longer considered to present a clear and present danger of harm to himself or others; and
(b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court [.
3. The release of an involuntarily court-admitted client pursuant to subsection 2 becomes unconditional 10 days after the release unless the admitting court, within that period, issues an order providing otherwise.] at least 10 days before the release of the client.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 869κ
Assembly Bill No. 203Committee on Commerce and Labor
CHAPTER 167
AN ACT relating to the rehabilitation division of the department of employment, training and rehabilitation; specifying the duties of the administrator of the rehabilitation division; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
The director shall appoint an administrator of the rehabilitation division of the department. The administrator:
1. Is in the unclassified service of the state unless federal law or regulation requires otherwise, and serves at the pleasure of the director.
2. Shall administer the provisions of law set forth in subsection 4, subject to the administrative supervision of the director.
3. Except as otherwise provided in NRS 284.143, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
4. Is responsible for the administration, through the bureaus of the rehabilitation division, of the provisions of NRS 232.940 and 232.950 and this section, NRS 426.520 to 426.610, inclusive, 458.010 to 458.360, inclusive, and chapters 426A and 615 of NRS and all other provisions of law relating to the functions of the rehabilitation division and its bureaus, but is not responsible for the professional line activities of the bureaus except as otherwise provided by specific statute.
5. Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind and visually impaired, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division that he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists that prohibits a consolidated plan.
6. In developing and revising state plans pursuant to subsection 5, shall consider, without limitation:
(a) The amount of money available from the Federal Government for the programs of the rehabilitation division;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations for the programs.
7. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the rehabilitation division.
Sec. 2. NRS 232.900 is hereby amended to read as follows:
232.900 As used in NRS 232.900 to 232.960, inclusive, and section 1 of this act, unless the context otherwise requires:
κ1999 Statutes of Nevada, Page 870 (Chapter 167, AB 203)κ
1. Department means the department of employment, training and rehabilitation.
2. Director means the director of the department.
Sec. 3. NRS 232.920 is hereby amended to read as follows:
232.920 The director:
1. Shall:
(a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department;
(b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 458.010 to 458.360, inclusive, chapters 426, 426A, 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as [specifically] otherwise provided by [law.
3. Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind and visually impaired, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists which prohibits a consolidated plan.
4. In developing and revising state plans pursuant to subsection 3, shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for the programs.
5.] specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the department.
Sec. 4. NRS 232.950 is hereby amended to read as follows:
232.950 1. The [director] administrator shall appoint , with the consent of the director, a head of each bureau in the division, to be known as the chief of his respective bureau.
2. The chief of each bureau:
(a) Is in the unclassified service of the state unless federal law or regulation requires otherwise.
(b) Shall administer the provisions of law relating to his bureau, subject to the administrative supervision of the [director.] administrator.
(c) Is directly responsible to the [director.] administrator.
κ1999 Statutes of Nevada, Page 871 (Chapter 167, AB 203)κ
3. Subject to the approval of the [director,] administrator, the chief of each bureau may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 5. NRS 426A.060 is hereby amended to read as follows:
426A.060 1. The advisory committee on traumatic brain injuries, consisting of 11 members, is hereby created.
2. The [director] administrator shall appoint to the committee:
(a) One member who is an employee of the rehabilitation division of the department.
(b) One member who is an employee of the welfare division of the department of human resources and participates in the administration of the state program providing Medicaid.
(c) One member who is a licensed insurer in this state.
(d) One member who represents the interests of educators in this state.
(e) One member who is a person professionally qualified in the field of psychiatric mental health.
(f) Two members who are employees of private providers of rehabilitative health care located in this state.
(g) One member who represents persons who operate community-based programs for head injuries in this state.
(h) One member who represents hospitals in this state.
(i) Two members who represent the recipients of health care in this state.
3. After the initial appointments, each member of the committee serves a term of 3 years.
4. The committee shall elect one of its members to serve as chairman.
5. Members of the committee serve without compensation and are not entitled to receive the per diem allowance or travel expenses provided for state officers and employees generally.
6. The committee may:
(a) Make recommendations to the [director] administrator relating to the establishment and operation of any program for persons with traumatic brain injuries.
(b) Make recommendations to the [director] administrator concerning proposed legislation relating to traumatic brain injuries.
(c) Collect information relating to traumatic brain injuries.
7. The committee shall prepare a report of its activities and recommendations each year and submit a copy to the:
(a) Director [;] of the department;
(b) Administrator;
(c) Legislative committee on health care; and
[(c)] (d) Legislative commission.
8. As used in this section:
(a) [Director] Administrator means the [director] administrator of the rehabilitation division of the department.
(b) Person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
κ1999 Statutes of Nevada, Page 872 (Chapter 167, AB 203)κ
Sec. 6. NRS 458.043 is hereby amended to read as follows:
458.043 As executive head of the bureau, the chief shall:
1. Direct and supervise all administrative and technical activities as provided by NRS 458.010 to 458.360, inclusive, subject to administrative supervision by the [director.] administrator of the rehabilitation division of the department.
2. Subject to the approval of the [director,] administrator of the rehabilitation division of the department, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.
Sec. 7. Chapter 615 of NRS is hereby amended by adding thereto a new section to read as follows:
Administrator means the administrator of the rehabilitation division of the department.
Sec. 8. NRS 615.020 is hereby amended to read as follows:
615.020 As used in this chapter the words and terms defined in NRS 615.031 to 615.140, inclusive, and section 7 of this act unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 9. NRS 615.180 is hereby amended to read as follows:
615.180 1. The chief shall:
(a) Subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes of this chapter;
(b) Establish appropriate administrative units within the bureau;
(c) Subject to the approval of the [director,] administrator, appoint such personnel as is necessary for the proper and efficient performance of the functions of the bureau;
(d) Prescribe the duties of the personnel of the bureau;
(e) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;
(f) Make certification for the disbursement of money available for carrying out the purposes of this chapter; and
(g) Take such other action as may be necessary or appropriate to cooperate with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The chief may delegate to any officer or employee of the bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
Sec. 10. NRS 615.280 is hereby amended to read as follows:
615.280 1. Any person applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the bureau or the [director] administrator with respect to him is entitled, in accordance with regulations, to a fair hearing before a hearing officer.
2. A person aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.
κ1999 Statutes of Nevada, Page 873 (Chapter 167, AB 203)κ
Sec. 11. Notwithstanding the amendatory provisions of section 5 of this act, the members of the advisory committee on traumatic brain injuries appointed by the director of the department of employment, training and rehabilitation pursuant to NRS 426A.060 before the effective date of this act remain members of the advisory committee for the duration of the respective terms to which they were appointed.
Sec. 12. This act becomes effective upon passage and approval.
________
Assembly Bill No. 215Assemblymen Humke, Beers, Hettrick, Perkins, Buckley, Giunchigliani, Berman, Gibbons and Chowning
CHAPTER 168
AN ACT relating to escrows; requiring the holder of an escrow to record certain information regarding the license or certificate of cooperation of a real estate broker, broker-salesman or salesman at the time an escrow for the sale of real property is established; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645A of NRS is hereby amended by adding thereto a new section to read as follows:
At the time that an escrow for the sale of real property is established, the holder of the escrow shall record in writing the number and the date of expiration of the:
1. License issued pursuant to chapter 645 of NRS; or
2. Certificate of cooperation issued pursuant to NRS 645.605,
of any real estate broker, broker-salesman or salesman who will be paid compensation from money held in the escrow for performing the services of a real estate broker, broker-salesman or salesman in the transaction that is the subject of the escrow. The holder of the escrow is not required to verify independently the validity of the number of the license or certificate.
________
κ1999 Statutes of Nevada, Page 874κ
Assembly Bill No. 231Committee on Judiciary
CHAPTER 169
AN ACT relating to children; imposing certain requirements before a court may waive arrearages in the payment of child support; expanding the class of persons to whom district attorneys must provide certain services for the support of children; clarifying certain provisions regarding the appointment of a guardian ad litem in an action to determine paternity; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125B of NRS is hereby amended by adding thereto a new section to read as follows:
Before a court issues or modifies an order for the support of a child, the court shall determine whether any of the parties to the proceeding are receiving or have ever received public assistance. If the court determines that any of those parties are receiving or have ever received public assistance, the court shall not waive any arrearages in the payment of child support until after it has provided the welfare division of the department of human resources with notice and an opportunity to be heard regarding the matter.
Sec. 2. NRS 125B.002 is hereby amended to read as follows:
125B.002 As used in NRS 125B.002 to 125B.180, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 125B.004 and 125B.008 have the meanings ascribed to them in those sections.
Sec. 3. NRS 125B.150 is hereby amended to read as follows:
125B.150 1. The district attorney of the county of residence of the child , or of a parent , alleged parent or guardian who does not have physical custody of the child , shall take such action as is necessary to establish parentage of the child and locate and take legal action, including the establishment or adjustment of an obligation of support, against a [parent] person who has a duty to support the child when requested to do so by the [custodial] parent , alleged parent or guardian or a public agency which provides assistance to the parent , alleged parent, guardian or child. If the court for cause transfers the action to another county, the clerk of the receiving court shall notify the district attorney of that county, and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and to establish or adjust the obligation of support and to enforce the payment of support pursuant to this chapter or chapter 31A, 126, 130 or 425 of NRS.
2. In a county where the district attorney has deputies to aid him in the performance of his duties, the district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.
3. Except as otherwise provided in NRS 126.101, the district attorney and his deputies do not represent the parent , alleged parent, guardian or [the] child in the performance of their duties pursuant to this chapter and chapter 31A, 126, 130 or 425 of NRS, but are rendering a public service as representatives of the state.
κ1999 Statutes of Nevada, Page 875 (Chapter 169, AB 231)κ
chapter 31A, 126, 130 or 425 of NRS, but are rendering a public service as representatives of the state.
4. Officials of the welfare division of the department of human resources are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his deputy shall inform each person who provides information pursuant to this section concerning the limitations on the confidentiality between lawyer and client under these circumstances.
5. Disclosures of criminal activity by a parent or child are not confidential.
6. The district attorney shall inform each parent who applies for his assistance in this regard that a procedure is available to collect unpaid support from any refund owed to the parent who has a duty to support the child because an excessive amount of money was withheld to pay his federal income tax. The district attorney shall submit to the welfare division all documents and information it requires to pursue such a collection if:
(a) The applicant is not receiving public assistance.
(b) The district attorney has in his records:
(1) A copy of the order of support for a child and any modifications of the order which specify their date of issuance and the amount of the ordered support;
(2) A copy of a record of payments received or, if no such record is available, an affidavit signed by the custodial parent attesting to the amount of support owed; and
(3) The current address of the custodial parent.
(c) From the records in his possession, the district attorney has reason to believe that the amount of unpaid support is not less than $500.
Before submitting the documents and information to the welfare division, the district attorney shall verify the accuracy of the documents submitted relating to the amount claimed as unpaid support and the name and social security number of the parent who has a duty to support the child. If the district attorney has verified this information previously, he need not reverify it before submitting it to the welfare division.
7. The welfare division shall adopt such regulations as are necessary to carry out the provisions of subsection 6.
Sec. 4. NRS 126.101 is hereby amended to read as follows:
126.101 1. The child must be made a party to the action. If he is a minor, he must be represented by his general guardian or a guardian ad litem appointed by the court. The childs mother or father may not represent the child as guardian or otherwise. If a district attorney brings an action pursuant to NRS 125B.150 [,] and the interests of the child:
(a) Are adequately represented by the appointment of the district attorney as his guardian ad litem, the district attorney shall act as guardian ad litem for the child without the need for court appointment . [, if the interests of the child are adequately represented by the appointment of the district attorney. If the interests of the child are]
(b) Are not adequately represented by the appointment [,] of the district attorney as his guardian ad litem, the welfare division of the department of human resources must be appointed as guardian ad litem in the case.
κ1999 Statutes of Nevada, Page 876 (Chapter 169, AB 231)κ
2. The natural mother and a man presumed to be the father under NRS 126.051 must be made parties, but if more than one man is presumed to be the natural father, only a man presumed pursuant to subsection 2 of NRS 126.051 is an indispensable party. Any other presumed or alleged father may be made a party.
3. The court may align the parties.
________
Assembly Bill No. 249Committee on Health and Human Services
CHAPTER 170
AN ACT relating to Medicaid; amending the provisions governing the recovery of assets pursuant to the Medicaid estate recovery program; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, the welfare division shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:
(a) Failed to report any required information to the welfare division that the person knew at the time he signed the application; or
(b) Failed to report to the welfare division within the period allowed by the welfare division any required information that the person obtained after he filed the application.
2. Except as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who signed the application for public benefits on behalf of the recipient shall reimburse the division or appropriate state agency for the value of the incorrectly paid public assistance.
3. The administrator or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient.
4. The administrator may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The administrator shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.
κ1999 Statutes of Nevada, Page 877 (Chapter 170, AB 249)κ
regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.
Sec. 2. NRS 422.054 is hereby amended to read as follows:
422.054 Undivided estate means all real and personal property and other
assets included in the estate of a deceased recipient of Medicaid and any other
real and personal property and
other assets in or to which he had an interest or legal title immediately before or at
the time of his death, to the extent of that interest or title. The term
includes , without limitation, assets
[passing by reason of joint tenancy, reserved life estate,
survivorship or trust, and] conveyed to a survivor, heir or assign
of the deceased recipient through joint tenancy, tenancy in common,
survivorship, life estate, living trust or other arrangement, including,
without limitation, any of the decedents separate property and his
interest in community property that was transferred to a community spouse
pursuant to NRS 123.259 or pursuant to an order of a district court under any
other provision of law.
Sec. 3. NRS 422.2935 is hereby amended to read as follows:
422.2935 1. Except as otherwise provided in this section [, the welfare division shall,] and to the extent it is not prohibited by federal law and when circumstances allow [:
(a) Recover] , the welfare division shall recover benefits correctly paid for Medicaid from:
[(1)] (a) The undivided estate of the person who received those benefits; and
[(2)] (b) Any recipient of money or property from the undivided estate of the person who received those benefits.
[(b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:
(1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or
(2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.]
2. The welfare division shall not recover benefits pursuant to [paragraph (a) of] subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.
3. Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.
4. The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.
5. The administrator may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient.
κ1999 Statutes of Nevada, Page 878 (Chapter 170, AB 249)κ
claim will cause an undue hardship for the spouse or other survivors of the recipient. The administrator shall adopt regulations defining the circumstances that constitute an undue hardship.
6. Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.
7. [An action to recover money owed to the department of human resources as a result of the payment of benefits for Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:
(a) The death of the recipient of Medicaid;
(b) The death of the surviving spouse of the recipient of Medicaid;
(c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and
(d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.] Any recovery by the welfare division from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:
(a) The amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or
(b) The value of the remaining assets in the undivided estate,
whichever is less.
Sec. 4. NRS 422.29355 is hereby amended to read as follows:
422.29355 1. The welfare division may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:
(a) The welfare division may obtain a lien against a recipients property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.
(b) The welfare division may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the welfare division determines, after notice and opportunity for a hearing in accordance with its regulations, that he cannot reasonably be expected to be discharged and return home.
2. No lien may be placed on a recipients home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:
(a) His spouse;
(b) His child who is under 21 years of age or blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; or
(c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,
is lawfully residing in the home.
κ1999 Statutes of Nevada, Page 879 (Chapter 170, AB 249)κ
3. Upon the death of a recipient the welfare division may seek a lien upon his undivided estate as defined in NRS 422.054.
4. The state welfare administrator shall release a lien pursuant to this section:
(a) Upon notice by the recipient or his representative to the administrator that the recipient has been discharged from the medical institution and has returned home;
(b) If the lien was incorrectly determined; or
(c) Upon satisfaction of the welfare divisions claim.
Sec. 5. NRS 147.070 is hereby amended to read as follows:
147.070 1. Every claim for an amount of $250 or more filed with the clerk must be supported by the affidavit of the claimant that:
(a) The amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ..... day of ........).
(b) No payments have been made thereon which are not credited.
(c) There are no offsets to the amount demanded to the knowledge of the claimant or other affiant.
2. Every claim filed with the clerk must contain the mailing address of the claimant. Any written notice mailed by an executor or administrator to the claimant at the address furnished is proper notice.
3. When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant must be set forth in the affidavit.
4. The oath may be taken before any person authorized to administer oaths.
5. The amount of interest must be computed and included in the statement of the claim and the rate of interest determined.
6. [The] Except as otherwise provided in subsection 7, the court may, in its discretion, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account.
7. The court shall allow the welfare division of the department of human resources to amend at any time before the filing of the final account a claim for the payment of benefits for Medicaid that the division identifies after the original claim has been filed.
Sec. 6. NRS 147.110 is hereby amended to read as follows:
147.110 1. Within 15 days after the time for filing claims has expired, as provided in this chapter, the executor or administrator shall examine all claims filed and shall either endorse on each claim his allowance or rejection, with the day and the year thereof, or shall file a notice of allowance or rejection with the date and the year thereof, and such notice of allowance or rejection shall be attached to the claim allowed or rejected.
2. Within 5 days after the 15 days specified in subsection 1, the executor or administrator shall present all claims allowed by him to the district judge for his approval or rejection.
3. If an executor or administrator [shall refuse or neglect] refuses or neglects to endorse on a claim his allowance or rejection within 15 days, as specified in this section, or [shall] does not file a notice of allowance or rejection, the claim shall be deemed rejected, but the executor or administrator may, nevertheless, allow the claim at any time before the filing of the final account.
κ1999 Statutes of Nevada, Page 880 (Chapter 170, AB 249)κ
administrator may, nevertheless, allow the claim at any time before the filing of the final account.
4. If a claim is deemed rejected pursuant to subsection 3, the executor or administrator must, not more than 10 days after the rejection, provide written notice of the rejection by registered mail to all affected creditors.
________
Assembly Bill No. 254Committee on Government Affairs
CHAPTER 171
AN ACT relating to the incorporation of cities; deleting certain requirements for the incorporation of cities by general law; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.017 is hereby amended to read as follows:
266.017 The area to be included in a city proposed to be incorporated pursuant to NRS 266.016 to 266.0445, inclusive, must:
1. Be currently used or suitable for residential, commercial, industrial or governmental purposes.
2. Be contiguous and urban in character, and include all contiguous area used for residential purposes.
3. [Have] In a county whose population is 100,000 or more, have an average population density which is:
(a) Not less than four persons per acre if the proposed city is within 7 miles of the county seat; or
(b) At least equal to the density of any city that is within 7 miles of the proposed boundaries, if the proposed city is not within 7 miles of the county seat.
If the area proposed to be included in the city is more than 7 miles away from the county seat and more than 7 miles away from any existing city, there is no requirement concerning density of population.
4. Not include any portion of a parcel of privately owned real property that has not been subdivided and is 100 acres or more in area without the written consent of the owner.
5. Not include any area within the boundaries of an existing incorporated city.
6. If the area of a city proposed to be incorporated is located in a county whose population is 100,000 or more and includes the area of any unincorporated town, include the entire area of the unincorporated town.
Sec. 2. NRS 266.0285 is hereby amended to read as follows:
266.0285 1. To determine the advisability of incorporation and the feasibility of the proposed city, the board of county commissioners shall consider the following factors with regard to the area proposed to be incorporated:
κ1999 Statutes of Nevada, Page 881 (Chapter 171, AB 254)κ
(a) Its population and , if the area is located in a county whose population is 100,000 or more, the density of population;
(b) The land area, land uses, topography, natural boundaries and drainage basin;
(c) The extent to which the area is devoted to agriculture, mineral production or other uses that may not require significant improvements to the property;
(d) The extent of commercial and industrial development;
(e) The extent and age of residential development;
(f) The comparative size and assessed value of subdivided land and unsubdivided land;
(g) Current and potential issues concerning transportation;
(h) Past expansion of population and construction;
(i) The likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next 10 years;
(j) The present cost, method and adequacy of regulatory controls and governmental service, including, but not limited to, water and sewer service, fire rating and protection, police protection, improvement and maintenance of streets, administrative services and recreational facilities in the area and the future need for such services and controls;
(k) The present and projected revenues for the county and the proposed city;
(l) The probable effect of incorporation on revenues and services in the county and local governments in adjacent areas;
(m) The probable effect of the proposed incorporation and of any alternatives to incorporation on the social, economic and governmental structure of the affected county and adjacent areas;
(n) The probable effect of the proposed incorporation and of any alternatives to incorporation on the availability and requirement of water and other natural resources; and
(o) Any determination by a governmental agency that the area is suitable for residential, commercial or industrial development, or that the area will be opened to private acquisition.
2. If the area proposed to be incorporated is within 5 miles of an existing city, in addition to the factors listed in subsection 1, the board of county commissioners shall consider:
(a) The size and population of the existing city;
(b) Growth in population and commercial and industrial development in the existing city during the past 10 years;
(c) Any extension of the boundaries of the existing city during the past 10 years;
(d) The probability of growth of the existing city toward the area proposed to be incorporated in the next 10 years, considering natural barriers and other factors that might influence such growth; and
(e) The willingness of the existing city to annex the area proposed for incorporation and to provide services to the area.
3. The board of county commissioners shall also consider:
κ1999 Statutes of Nevada, Page 882 (Chapter 171, AB 254)κ
(a) The recommendations of any commission, agency, district or member of the public who submits a written report;
(b) Testimony from any person who testifies at a hearing; and
(c) Existing petitions for annexation of any part of the area.
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Assembly Bill No. 255Committee on Government Affairs
CHAPTER 172
AN ACT relating to state financial administration; requiring biennial reporting by the director of the department of administration on the status of internal accounting and administrative controls in certain state agencies; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353A.025 is hereby amended to read as follows:
353A.025 1. The head of each agency shall periodically review the agencys system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.
2. On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agencys system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.
3. The director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:
(a) Director of the legislative counsel bureau for transmittal to the:
(1) Senate standing committee on finance; and
(2) Assembly standing committee on ways and means;
(b) Governor; and
(c) Legislative auditor.
4. The report submitted by the director pursuant to subsection 3 must include, without limitation:
(a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;
(b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and
(c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.
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κ1999 Statutes of Nevada, Page 883κ
Assembly Bill No. 260Committee on Government Affairs
CHAPTER 173
AN ACT relating to ethics in government; revising the definition of public officer to exclude a county health officer; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.4365 is hereby amended to read as follows:
281.4365 1. Public officer means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty. As used in this section, the exercise of a public power, trust or duty includes:
(a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;
(b) The expenditure of public money; and
(c) The enforcement of laws and rules of the state, a county or a city.
2. Public officer does not include:
(a) Any justice, judge or other officer of the court system;
(b) A commissioner of deeds;
(c) Any member of a board, commission or other body whose function is advisory; [or]
(d) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the districts money [.] ; or
(e) A county health officer appointed pursuant to NRS 439.290.
Sec. 2. This act becomes effective upon passage and approval.
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κ1999 Statutes of Nevada, Page 884κ
Assembly Bill No. 414Committee on Government Affairs
CHAPTER 174
AN ACT relating to county recorders; increasing the fee charged by a county recorder for certifying a document; prohibiting the recording of certain documents that do not contain certain information; revising the manner in which the county recorder provides the welfare division of the department of human resources with information contained in an affidavit of death; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 247.305 is hereby amended to read as follows:
247.305 1. If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise county recorders shall charge and collect the following fees:
For recording any document, for the first page.................................................................................................................... $7
For each additional page........................................................................................................................................................ 1
For recording each portion of a document which must be separately indexed, after the first indexing...................... 3
For copying any record, for each page..................................................................................................................................... 1
For certifying, including certificate and seal [, for the first seal........................................................................................... 3
For each additional seal..................................................................................................................................................... 1] 4
For a certified copy of a certificate of marriage..................................................................................................................... 7
For a certified abstract of a certificate of marriage............................................................................................................... 7
2. Except as otherwise provided in subsection 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:
(a) The county in which his office is located.
(b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:
(1) Conveys to the state, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary;
(3) Imposes a lien in favor of the state or that city or town; or
(4) Is a notice of the pendency of an action in eminent domain filed by the state pursuant to NRS 37.060.
3. A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.
4. For purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his official capacity.
κ1999 Statutes of Nevada, Page 885 (Chapter 174, AB 414)κ
5. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
Sec. 2. NRS 111.312 is hereby amended to read as follows:
111.312 1. The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, or any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless [it contains] the document being recorded contains:
(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and [the]
(b) The assessors parcel number of the property [,] at the top of the first page of the document, if the county assessor has assigned a parcel number to the property. The county recorder is not required to verify that the assessors parcel number is correct.
2. The assessors parcel number shall not be deemed to be a complete legal description of the real property conveyed.
Sec. 3. NRS 111.365 is hereby amended to read as follows:
111.365 1. In the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the facts required in this subsection, which sets forth the following:
(a) The family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;
(b) A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;
(c) A description of the property subject to the joint tenancy or right of survivorship; and
(d) The date and place of death of each deceased joint tenant or the deceased spouse.
2.
[The] Each month, a county
recorder shall send [a copy of the affidavit] all the information contained in each
affidavit received by him pursuant to subsection 1 during the immediately
preceding month to the welfare division of the department of
human resources [by certified mail, return receipt requested, postage prepaid,
within 3 days after the affidavit is recorded.] in any format and by any medium approved
by the welfare division.
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κ1999 Statutes of Nevada, Page 886κ
Assembly Bill No. 425Assemblywoman Von Tobel
CHAPTER 175
AN ACT relating to the Moapa Valley Water District; expanding the jurisdiction and service area of the district; reducing the size of the governing board of the district; clarifying the length of the terms of the members of the governing board; revising the provisions governing the filling of a vacancy on the governing board; eliminating certain obsolete provisions; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 477, Statutes of Nevada 1983, at page 1262, is hereby amended to read as follows:
Section 1. There is hereby created a political subdivision of this state to be known as the Moapa Valley Water District. The jurisdiction and service area of the district are all that real property located in Clark County, Nevada, described as follows:
Sections 8, 9, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26 , 35 and 36, T. 14 S., R. 65 E., M.D.B. & M.; section 1, T. 15 S., R. 65 E., M.D.B. & M.; sections 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, T. 14 S., R. 66 E., M.D.B. & M.; sections 1, 2, 3, 4, 5, 6, 9 and 12, T. 15 S., R. 66 E., M.D.B. & M.; sections 6, 7, 8, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, T. 15 S., R. 67 E., M.D.B. & M.; section 31, T. 15 S., R. 68 E., M.D.B. & M.; sections 1, 2, 3, 10, 11, 12, 13, 14, 24 and 25, T. 16 S., R. 67 E., M.D.B. & M.; sections 6, 7, [8,] 17, 18, 19, 20, 30 and 31, T. 16 S., R. 68 E., M.D.B. & M.
Sec. 2. Section 4 of chapter 477, Statutes of Nevada 1983, at page 1264, is hereby amended to read as follows:
Sec. 4. All powers, duties and privileges of the Moapa Valley Water District must be exercised and performed by the governing board of the district. Except as otherwise provided in [this section,] section 5 of this chapter, the board consists of [seven] five members elected as prescribed in this act. [The first board consists of the respective members of the governing boards of the Moapa Valley Water Company and Overton Water District sitting upon the effective date of this act. The members of the first board shall convene within 30 days after the effective date of this act to commence and continue operation of the district until election of their successors in conjunction with the Clark County general election in 1984.] A simple majority of the members of the [first] board constitutes a quorum. The vote of a simple majority of the quorum is required [in order] to take action.
Sec. 3. Section 5 of chapter 477, Statutes of Nevada 1983, as amended by chapter 608, Statutes of Nevada 1987, at page 1457, is hereby amended to read as follows:
Sec. 5. 1. [Except for members of the first board,] The members of the board [, in the manner provided in this section,] must be elected at a general district election held in conjunction with the general election of Clark County .
κ1999 Statutes of Nevada, Page 887 (Chapter 175, AB 425)κ
be elected at a general district election held in conjunction with the general election of Clark County . [in 1984 and with each such general election every 2 years thereafter. Each member must reside in the portion of the service area which he represents and must be elected by a plurality of the registered voters of the election area.] Except as otherwise provided in section 6 of this chapter, each member of the board shall serve a term of 4 years.
2. Except as otherwise provided in subsection 4, the election areas for the district must be the election precincts of Moapa-Glendale, Logandale and Overton.
3. At the general district election next preceding the expiration of the terms of office of [the] members of the board, [and at each such election in every 4th year thereafter,] there must be elected respective members of the board representing the election areas of the district.
4. The board shall adjust the number of representatives [and] or election areas , or both, of the district [must be adjusted by the board] whenever necessary to [assure,] ensure, as nearly as practicable, equal representation upon the board for all registered voters residing within the service area.
Sec. 4. Section 6 of chapter 477, Statutes of Nevada 1983, at page 1265, is hereby amended to read as follows:
Sec. 6. 1. [Except as otherwise provided in sections 4 and 5 of this act, each] Each member of the board must:
(a) Reside in the election area represented for at least 6 months before the election at which the member is elected;
(b) Be a qualified elector of the election area represented; and
(c) [Be elected by the qualified electors of the election area represented; and
(d)] Take office upon qualification therefor as provided in subsection 2, or on the 1st Monday in January next following the members election, whichever is later, and leave office upon the 1st Monday in January next following the election of the members successor in office.
2. Before taking office, each member of the board must qualify by filing with the clerk of Clark County:
(a) An oath of office taken and subscribed in the manner prescribed by the clerk; and
(b) A corporate surety bond, at the expense of the district, in an amount determined by the clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.
3. A vacancy on the board must be filled by an appointment [of] made by the remaining members of the board. The person so appointed must be a resident and elector of the election area represented, and, before taking office, qualify in the manner prescribed in subsection 2. The person shall serve [the remainder] until the first Monday in January following the next general district election. If that general district election precedes the expiration of the term of the member whose absence required [his appointment.] the appointment, the balance of that term must be filled at that general district election in the same manner as prescribed for the election of other members of the board.
κ1999 Statutes of Nevada, Page 888 (Chapter 175, AB 425)κ
the appointment, the balance of that term must be filled at that general district election in the same manner as prescribed for the election of other members of the board. If the board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the board of county commissioners of Clark County shall fill the vacancy.
Sec. 5. Section 8 of chapter 477, Statutes of Nevada 1983, at page 1266, is hereby amended to read as follows:
Sec. 8. 1. The board shall:
(a) Choose one of its members chairman of the board and president of the district, and prescribe the term of office [,] and the powers and duties thereof.
(b) Fix the time and place at which its regular meetings must be held and provide for the calling and conduct of special meetings.
(c) Fix the location of the principal place of business of the district.
(d) Elect a secretary-treasurer of the board and the district, who may or may not be a member of the board.
(e) Appoint a general manager , who must not be a member of the board.
(f) Delegate and redelegate to officers of the agency the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the board.
(g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the district, and require all bonds necessary to protect the [funds] money and other property of the district.
(h) Take all actions and do all things reasonably and lawfully necessary [in order] to conduct the business of the district and achieve the purpose of this act.
2. [Except as otherwise provided for the first board, no] No regular or special meeting of the board may commence or continue unless a quorum of at least [four] three members is present. A majority vote of the quorum present is required to take action with respect to any matter.
3. Members of the board serve without compensation, except that they are entitled to reasonable per diem and travel expenses, set by the board, for attendance at meetings and [conduct of] conducting other business of the district . [business.]
Sec. 6. Notwithstanding the amendatory provisions of section 2 of this act, the members of the governing board of the Moapa Valley Water District on July 1, 1999, may serve the remainder of their respective current terms. The seats of two of the members of the governing board of the Moapa Valley Water District whose terms expire on the first Monday in January 2001, must not be filled at the general district election held in 2000. The governing board shall determine the two seats that will not be filled.
Sec. 7. This act becomes effective on July 1, 1999.
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κ1999 Statutes of Nevada, Page 889κ
Assembly Bill No. 445Committee on Government Affairs
CHAPTER 176
AN ACT relating to purchasing by local governments; exempting contracts for the purchase of computer hardware and associated peripheral equipment and devices from the requirements for competitive bidding set forth in the Local Government Purchasing Act; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.115 is hereby amended to read as follows:
332.115 1. Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:
(a) Items which may only be contracted from a sole source;
(b) Professional services;
(c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;
(d) Equipment which, by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government is compatible with existing equipment;
(e) Purchases of perishable goods by a county or district hospital;
(f) Insurance;
(g) Hardware and associated peripheral equipment and devices for computers;
(h) Software for computers;
[(h)] (i) Books, library materials and subscriptions;
[(i)] (j) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;
[(j)] (k) Motor vehicle fuel for use in a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicles assigned service area from a fueling station owned by the State of Nevada or a local government;
[(k)] (l) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners; and
[(l)] (m) Supplies, materials or equipment that are available from the General Services Administration or another governmental agency in the regular course of its business,
are not subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.
2. The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding if:
(a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; and
κ1999 Statutes of Nevada, Page 890 (Chapter 176, AB 445)κ
(b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.
3. The governing body of a hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract properly awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:
(a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or
(b) The vendor was identified as a supplier but was not identified as the supplier of such goods.
The governing body of the hospital shall make available for public inspection each such contract and records related to those purchases.
4. Except in cases of emergency, at least 60 days before the expiration of an existing contract for insurance in which the local government is the insured, the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice of the date the contract for insurance expires.
5. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
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Assembly Bill No. 450Committee on Natural Resources, Agriculture, and Mining
CHAPTER 177
AN ACT relating to the division of minerals of the department of business and industry; requiring the commission on mineral resources to adopt regulations establishing the amount of certain fees imposed for the support of the division and for certain programs of the division; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 513.094 is hereby amended to read as follows:
513.094 1. An additional fee [of $1 per claim] , in an amount established pursuant to subsection 4, is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited in the same manner as provided in that section.
2. The administrator shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. [He] The administrator shall annually during the month of January, or more often if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole.
κ1999 Statutes of Nevada, Page 891 (Chapter 177, AB 450)κ
the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole. [He shall further] In addition, the administrator shall work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.
3. To carry out this program and these duties, the administrator shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the division by statute.
4. The commission shall [provide] establish by regulation:
(a) The fee required pursuant to subsection 1, in an amount not to exceed $4 per claim.
(b) Standards for determining which conditions created by the abandonment of a former mine or its associated works constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger by virtue of that violation.
[(b)] (c) Standards for abating the kinds of dangers usually found, including, but not limited to, standards for excluding persons and animals from dangerous open excavations.
Sec. 2. NRS 517.185 is hereby amended to read as follows:
517.185 1. In addition to any recording fee, each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a filing fee [of $1.50 per claim.] in an amount established pursuant to subsection 2. The county recorder shall collect the filing fee and, on or before the fifth working day of each month, deposit with the county treasurer all such fees collected during the preceding month. The county treasurer shall quarterly pay the money collected to the division of minerals of the department of business and industry. The division shall deposit with the state treasurer, for credit to the account for the division of minerals, all money received pursuant to this section.
2. The commission on mineral resources shall, by regulation, establish the filing fee required pursuant to subsection 1 in an amount not to exceed $6 per claim.
Sec. 3. NRS 519A.250 is hereby amended to read as follows:
519A.250 1. An operator who is required by federal law to file a plan of operation or an amended plan of operation with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, provide the division of minerals of the department of business and industry with a copy of the filing and pay to the division of minerals a fee [of $20] in an amount established pursuant to subsection 5 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed pursuant to an amended plan.
κ1999 Statutes of Nevada, Page 892 (Chapter 177, AB 450)κ
2. The division of minerals shall adopt by regulation a method of refunding a portion of the fee required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed pursuant to the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.
3. All money received by the division of minerals pursuant to subsection 1 must be accounted for separately and used by the division of minerals to create and administer programs for:
(a) The abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division of minerals; and
(b) The education of the public concerning the dangers of the hazardous conditions described in paragraph (a).
All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the division of minerals.
4. On or before February 1 of each odd-numbered year, the division of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.
5. The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $30 per acre.
Sec. 4. NRS 522.050 is hereby amended to read as follows:
522.050 1. A person desiring to drill a well in search of oil or gas shall notify the division of that intent on a form prescribed by the division and shall pay a fee [of $50] in an amount established pursuant to subsection 2 for a permit for each well. Upon receipt of notification and fee, the division shall promptly issue such a person a permit to drill, unless the drilling of the well is contrary to law or a regulation or order of the division. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.
2. The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $200 per permit.
Sec. 5. NRS 522.150 is hereby amended to read as follows:
522.150 1. Any expenses in connection with Nevadas affiliation with the Interstate Oil Compact Commission must be paid from the account for the division of minerals.
2. To pay the expenses of the division, every producer of oil or natural gas in this state shall on or before the last day of each month report to the division and to the state treasurer his production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the division an administrative fee in an amount established pursuant to subsection 3 on each barrel of oil and on every 50,000 cubic feet of natural gas produced and marketed by him during the preceding month. The division shall deposit with the state treasurer, for credit to the account for the division of minerals, all money received pursuant to this subsection. Every person purchasing such oil or natural gas is liable for the payment of the administrative fee per barrel of oil or per 50,000 cubic feet of natural gas, unless it has been paid by the producer.
κ1999 Statutes of Nevada, Page 893 (Chapter 177, AB 450)κ
feet of natural gas, unless it has been paid by the producer. [The administrative fee is 50 mills]
3. The commission on mineral resources shall, by regulation, establish the administrative fee required pursuant to subsection 2 in an amount not to exceed 20 cents per barrel of oil or per 50,000 cubic feet of natural gas.
Sec. 6. Notwithstanding the amendatory provisions of sections 1 to 5, inclusive, of this act, until the effective date of the regulations adopted by the commission on mineral resources pursuant to those sections, the amount of:
1. The fee required pursuant to NRS 513.094 is $1 per claim.
2. The filing fee required pursuant to NRS 517.185 is $1.50 per claim.
3. The fee required pursuant to NRS 519A.250 is $20 per acre.
4. The fee required pursuant to NRS 522.050 is $50 per permit.
5. The administrative fee required pursuant to NRS 522.150 is 50 mills per barrel of oil or per 50,000 cubic feet of natural gas.
Sec. 7. This act becomes effective on July 1, 1999.
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Assembly Bill No. 461Committee on Government Affairs
CHAPTER 178
AN ACT relating to land use planning; authorizing a governing body or planning commission to consider certain criteria in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map with respect to certain tracts of land; authorizing a governing body to extend the period for recording an approved parcel map; increasing the amount that a governing body may set for the fee for filing a tentative map of division into large parcels; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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. 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.
κ1999 Statutes of Nevada, Page 894 (Chapter 178, AB 461)κ
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. A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.
6. An applicant or other person aggrieved by a decision of the governing bodys 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.] 7. 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 bodys designated representative or the chairman of the planning commission.
κ1999 Statutes of Nevada, Page 895 (Chapter 178, AB 461)κ
Sec. 2. NRS 278.468 is hereby amended to read as follows:
278.468 1. If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:
(a) Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map [met all conditions required for approval.] was approved or deemed approved, unless the governing body establishes by ordinance a longer period, not to exceed 2 years, for recording the map. The map must be accompanied by 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.
(b) Pay a $17 fee to the county recorder for filing and indexing.
2. Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.
Sec. 3. NRS 278.4713 is hereby amended to read as follows:
278.4713 1. Unless the filing of a tentative map is waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725, inclusive, must first:
(a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or with the clerk of the governing body if there is no planning commission; and
(b) Pay a filing fee of no more than [$250] $750 set by the governing body.
2. This map must be:
(a) Entitled Tentative Map of Division into Large Parcels; and
(b) Prepared and certified by a professional land surveyor.
3. This map must show:
(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.
(b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.
(c) Any easements for public utilities which exist or which are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
(e) An indication of any existing road or easement which the owner does not intend to dedicate.
(f) The name and address of the owner of the land.
Sec. 4. This act becomes effective upon passage and approval.
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κ1999 Statutes of Nevada, Page 896κ
Assembly Bill No. 489Assemblymen Gibbons, Segerblom, Goldwater, Marvel, Berman, Hettrick, Cegavske, Humke, Chowning, Beers, de Braga, Von Tobel, Collins, Carpenter, Mortenson and Leslie
CHAPTER 179
AN ACT relating to occupational safety and health; requiring the administrator of the division of industrial relations of the department of business and industry to establish a section for enforcement and a section for safety and health consultation, education, information and training within the division; requiring those sections to perform certain duties; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator shall establish:
(a) Within the division a section for:
(1) Enforcement; and
(2) Safety and health consultation, education, information and training.
(b) Such duties, in addition to the duties described in subsections 2 and 3, as he deems necessary for the sections established pursuant to paragraph (a).
2. If authorized by the Secretary of Labor, the section for enforcement shall develop a program for small employers to eliminate or abate hazards to the safety and health of employees. Except as otherwise provided by federal law, if a small employer complies with the program for small employers, the section for enforcement may reduce any penalty, fine or interest imposed pursuant to this chapter.
3. The section for safety and health consultation, education, information and training shall establish:
(a) A toll-free telephone number within this state to provide advice to a small employer who seeks assistance in complying with the requirements of this chapter; and
(b) A program designed to assist a small employer in complying with the requirements of this chapter, including, as appropriate, the preparation and dissemination of pamphlets describing the requirements of this chapter.
Sec. 2. This act becomes effective on July 1, 1999.
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κ1999 Statutes of Nevada, Page 897κ
Assembly Bill No. 531Committee on Health and Human Services
CHAPTER 180
AN ACT relating to foster homes; clarifying and limiting the liability of certain persons who provide foster care for children in their care; limiting the criminal liability of such persons for the truancy of children in their care; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided by specific statute, a person who is licensed by the division pursuant to NRS 424.030 to conduct a family foster home or group foster home is not liable for any act of a child in his foster care unless the person licensed by the division took an affirmative action that contributed to the act of the child.
2. The immunity from liability provided pursuant to this section includes, without limitation, immunity from any fine, penalty, debt or other liability incurred as a result of the act of the child.
Sec. 2. NRS 424.090 is hereby amended to read as follows:
424.090 The provisions of NRS 424.010 to 424.100, inclusive, and section 1 of this act do not apply to homes in which:
1. Care is provided only for a neighbors or friends child on an irregular or occasional basis for a brief period, not to exceed 90 days.
2. Care is provided by the legal guardian.
3. Care is provided for an exchange student.
4. Care is provided to enable a child to take advantage of educational facilities that are not available in his home community.
5. Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in NRS 127.2815.
Sec. 3. NRS 41.470 is hereby amended to read as follows:
41.470 1. [Any] Except as otherwise provided in section 1 of this act, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and the parents or guardian having custody or control are jointly and severally liable with the minor for all damages resulting from the willful misconduct.
2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section [shall] must not exceed $10,000 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is in addition to any other liability [now] imposed by law.
κ1999 Statutes of Nevada, Page 898 (Chapter 180, AB 531)κ
Sec. 4. NRS 62.085 is hereby amended to read as follows:
62.085 1. If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian must be advised by the court or its representative that the child is entitled to be represented by an attorney at all stages of the proceedings, unless waived. If indigent, the parent, guardian or custodian of the child may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188. If not indigent and:
(a) An attorney is not retained for the child; or
(b) It does not appear that an attorney will be retained,
an attorney must be appointed for the child, unless waived.
2. [If] Except as otherwise provided in section 1 of this act, if an attorney is appointed to represent a child [, the] :
(a) The parents of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent [.] ; or
(b) If the parents of the child are indigent, the court may require the parent [, guardian or custodian] or guardian of the child to reimburse the county or state in accordance with his ability to pay.
3. The parent, guardian or custodian may be represented by an attorney at all stages of the proceedings. In no case may an attorney be appointed for him unless the court makes written findings that such an appointment is required in the interest of justice and specifying the reasons thereof.
4. Each attorney, other than a public defender, [if] appointed under the provisions of this section [,] is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.
Sec. 5. NRS 392.210 is hereby amended to read as follows:
392.210 [Any]
1. Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the childs truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the childs subsequent truancy within that school year, is guilty of a misdemeanor.
2. A person who is licensed by the division of child and family services of the department of human resources pursuant to NRS 424.030 to conduct a family foster home or group foster home is liable pursuant to subsection 1 for a child in his foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140, and negligently fails to prevent the subsequent truancy of the child within that school year.
Sec. 6. The amendatory provisions of this act do not affect any liability of a person incurred:
1. Before October 1, 1999; or
2. As a result of any act committed by a child before October 1, 1999.
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κ1999 Statutes of Nevada, Page 899κ
Assembly Bill No. 593Committee on Judiciary
CHAPTER 181
AN ACT relating to gaming; providing that certain gaming employees who work in more than one location are not required to obtain more than one work permit; and providing other matters properly relating thereto.
[Approved May 20, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. [A] Except as otherwise provided in subsections 3 and 4, a person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A valid work permit issued by the board, if a work permit is not required by either the county or the city . [,
except that an]
3. An independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.
[3.] 4. A person may be employed as a gaming employee for an operator of a slot machine route and perform duties for his employer in more than one county or city without obtaining a valid work permit for each county or city in which he performs those duties if the person holds:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are primarily performed and the provisions of this chapter; or
(b) A valid work permit issued by the board, if a work permit is not required by either the county or the city in which his duties are primarily performed.
5. A gaming employee described in subsection 4 shall notify the licensing authority of each city and county in which he performs duties for his employer, other than the licensing authority that issued his valid work permit, that he has obtained a valid work permit pursuant to subsection 4.
6. A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
κ1999 Statutes of Nevada, Page 900 (Chapter 181, AB 593)κ
[4.] 7. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. A gaming employee who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment. An independent agent who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days after executing an agreement to serve as an independent agent within the jurisdiction of the issuing agency.
[5.] 8. If the board, within the 90‑day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
[6.] 9. Application for a work permit [, valid wherever a work permit is not required by any county or city licensing authority,] may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application. Except for a permit issued to a person pursuant to subsection 4, a permit issued by the board is valid only in a county or city that does not require a work permit.
[7.] 10. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objec