κ1999 Statutes of Nevada, Page 1331 (Chapter 316, AB 204)κ
consideration of the board before [accreditation.] the board approves the school of professional nursing.
Sec. 23. NRS 632.470 is hereby amended to read as follows:
632.470 1. [Not less than once every 3 years, the] Except as otherwise provided in this subsection, the board shall periodically cause to be surveyed all [accredited] approved schools of professional nursing in this state. [Full and complete written] Written reports of [such surveys shall] those surveys must be submitted to and considered by the full board. In lieu of causing the approved schools of professional nursing to be surveyed, the board may accept a survey and recommendation completed by a nationally recognized association that accredits schools of professional nursing, if the association has been approved by the board.
2. If, after consideration of [such] the reports, the board determines that [any such] a school of professional nursing is not maintaining the standards required by this chapter and by the board, notice thereof in writing specifying the [weaknesses shall immediately] deficiencies must forthwith be given to [such] the school.
3. The board shall revoke the [accreditation of any] approval of a school of professional nursing which fails to remedy such [weaknesses] deficiencies within a reasonable time after receiving written notice thereof.
________
Senate Bill No. 387Committee on Transportation
CHAPTER 317
AN ACT relating to tow cars; revising the provisions governing the maintenance and use by the Nevada highway patrol of lists of operators of tow cars; and providing other matters properly relating thereto.
[Approved May 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.4485 is hereby amended to read as follows:
706.4485 1. A law enforcement agency that maintains and uses a list of operators of tow cars which are called by that agency to provide towing shall not include an operator of a tow car on the list unless he:
[1.] (a) Holds a certificate of public convenience and necessity issued by the authority.
[2.] (b) Complies with all applicable provisions of this chapter and chapters 482 and 484 of NRS.
[3.] (c) Agrees to respond in a timely manner to requests for towing made by the agency.
[4.] (d) Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.
[5.] (e) Complies with all standards the law enforcement agency may adopt to protect the health, safety and welfare of the public.
κ1999 Statutes of Nevada, Page 1332 (Chapter 317, SB 387)κ
[6.] (f) Assesses only rates and charges that have been approved by the authority for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.
[7.] 2. The authority shall not require that an operator of a tow car charge the same rate to law enforcement agencies for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that the operator charges to other persons for such services.
3. Except as otherwise provided in this subsection, if an operator of a tow car is included on a list of operators of tow cars that is maintained and used by the Nevada highway patrol pursuant to this section, the Nevada highway patrol shall not remove the operator of the tow car from the list, or restrict his use pursuant thereto, solely on the ground that the operator is insured under the same policy of insurance as one other operator of a tow car who is included on the list and operates in the same geographical area. An operator of a tow car is not eligible for inclusion on the list if the operator is insured under the same policy of insurance as two or more other operators of tow cars who are included on the list and operate in the same geographical area.
Sec. 2. 1. Not later than 10 days after the effective date of this act, the Nevada highway patrol shall add to the list of operators of tow cars maintained and used by it pursuant to the provisions of NRS 706.4485 any operator of a tow car who:
(a) Is eligible pursuant to NRS 706.4485 to be included on the list; and
(b) Was included on the list on June 30, 1998, and was subsequently removed from that list by the Nevada highway patrol solely on the ground that the operator was insured under the same policy of insurance as one other operator of a tow car who was included on the list and operated in the same geographical area.
2. An operator of a tow car who is added to the list pursuant to the provisions of subsection 1:
(a) Must remain on the list as long as he is qualified for inclusion on the list pursuant to NRS 706.4485.
(b) Does not have a cause of action for any damages incurred by him because of his removal from the list.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1333κ
Assembly Bill No. 18Committee on Judiciary
CHAPTER 318
AN ACT relating to the practice of law; revising certain provisions relating to the unauthorized practice of law; increasing the penalties for the unlawful practice of law; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 7.285 is hereby amended to read as follows:
7.285 1. [No] A person shall not practice law in this state [unless he is] if the person:
(a) Is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this state pursuant to the rules of the supreme court [.
2. Any person who, not being an active member of the State Bar of Nevada, or who, after he] ; or
(b) Is suspended or has been disbarred [or while suspended] from membership in the State Bar of Nevada [, as provided in] pursuant to the rules of the supreme court . [, shall practice law,]
2. A person who violates any provision of subsection 1 is guilty of :
(a) For a first offense within the immediately preceding 7 years, a misdemeanor.
(b) For a second offense within the immediately preceding 7 years, a gross misdemeanor.
(c) For a third and any subsequent offense within the immediately preceding 7 years, a category E felony and shall be punished as provided in NRS 193.130.
3. The State Bar of Nevada may bring a civil action to secure an injunction and any other appropriate relief against a person who violates this section.
Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1334κ
Assembly Bill No. 53Assemblyman Carpenter
CHAPTER 319
AN ACT relating to public safety; providing for an increased penalty for felonies committed under certain circumstances that threaten the safety of pupils and school employees; revising certain provisions governing the definition of first degree murder; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed under certain circumstances that threaten the safety of pupils and school employees; revising various provisions relating to juveniles who commit certain unlawful acts; making various other changes concerning the safety of pupils and school employees; providing penalties; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.161 is hereby amended to read as follows:
193.161 1. Except as otherwise provided in subsection 2 and NRS 193.169, any person who commits a felony on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus is engaged in its official duties shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime.
2. [This section] Unless a greater penalty is provided by specific statute and except as otherwise provided in NRS 193.169, in lieu of an additional term of imprisonment as provided pursuant to subsection 1, if a felony that resulted in death or substantial bodily harm to the victim was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and the person who committed the felony intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person, the felony may be deemed a category A felony and the person who committed the felony may be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(c) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create [any] a separate offense but provides an additional penalty for the primary offense, [whose] the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
κ1999 Statutes of Nevada, Page 1335 (Chapter 319, AB 53)κ
[3.] 4. For the purposes of this section, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 2. NRS 193.169 is hereby amended to read as follows:
193.169 1. A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
2. A person who is sentenced to an alternative term of imprisonment pursuant to subsection 2 of NRS 193.161 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
3. This section does not:
(a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 [.] or 2.
(b) Prohibit alleging in the alternative in the indictment or information that the persons conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.
Sec. 3. NRS 200.030 is hereby amended to read as follows:
200.030 1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait [, torture or child abuse,] or torture, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual abuse of a child , [or] sexual molestation of a child under the age of 14 years [;] or child abuse;
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody [.] ; or
(d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried shall, if they find him guilty thereof, designate by their verdict whether he is guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree is guilty of a category A felony and shall be punished:
κ1999 Statutes of Nevada, Page 1336 (Chapter 319, AB 53)κ
(a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
A determination of whether aggravating circumstances exist is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole.
5. A person convicted of murder of the second degree is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) Child abuse means physical injury of a nonaccidental nature to a child under the age of 18 years;
(b) School bus has the meaning ascribed to it in NRS 483.160;
(c) Sexual abuse of a child means any of the acts described in NRS 432B.100; and
[(c)] (d) Sexual molestation means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
Sec. 4. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who, at any time before a penalty hearing is conducted for the murder pursuant to NRS 175.552, is or has been convicted of:
(a) Another murder and the provisions of subsection 12 do not otherwise apply to that other murder; or
(b) A felony involving the use or threat of violence to the person of another and the provisions of subsection 4 do not otherwise apply to that felony.
For the purposes of this subsection, a person shall be deemed to have been convicted at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
κ1999 Statutes of Nevada, Page 1337 (Chapter 319, AB 53)κ
4. The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, arson in the first degree, burglary, invasion of the home or kidnaping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For the purposes of this subsection, peace officer means:
(a) An employee of the department of prisons who does not exercise general control over offenders imprisoned within the institutions and facilities of the department but whose normal duties require him to come into contact with those offenders, when carrying out the duties prescribed by the director of the department.
(b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out those powers.
8. The murder involved torture or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
10. The murder was committed upon a person less than 14 years of age.
11. The murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of that person.
12. The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
13. The person, alone or with others, subjected or attempted to subject the victim of the murder to nonconsensual sexual penetration immediately before, during or immediately after the commission of the murder. For the purposes of this subsection:
(a) Nonconsensual means against the victims will or under conditions in which the person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of his conduct, including, but not limited to, conditions in which the person knows or reasonably should know that the victim is dead.
(b) Sexual penetration means cunnilingus, fellatio or any intrusion, however slight, of any part of the victims body or any object manipulated or inserted by a person, alone or with others, into the genital or anal openings of the body of the victim, whether or not the victim is alive.
κ1999 Statutes of Nevada, Page 1338 (Chapter 319, AB 53)κ
the body of the victim, whether or not the victim is alive. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning.
14. The murder was committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person. For the purposes of this subsection, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 5. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
κ1999 Statutes of Nevada, Page 1339 (Chapter 319, AB 53)κ
offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:
(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and
(2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.
(e) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
3. If a child is charged with a minor traffic offense, the court may transfer the case and record to a justices or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:
(a) The restrictions set forth in subsection 5 of NRS 62.170 are applicable in those proceedings; and
(b) The child must be accompanied at all proceedings by a parent or legal guardian.
With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.
4. As used in this section, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 6. Section 1 of Assembly Bill No. 262 of this session is hereby amended to read as follows:
Section 1. (Deleted by amendment.)
Sec. 7. Section 2 of Assembly Bill No. 262 of this session is hereby amended to read as follows:
Sec. 2. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as otherwise provided in NRS 62.175 and section 2 of Assembly Bill No. 221 of this [act,] session, a peace officer or probation officer may take into custody any child:
(a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or
(b) Whose conduct indicates that he is a child in need of supervision.
κ1999 Statutes of Nevada, Page 1340 (Chapter 319, AB 53)κ
2. Except as otherwise provided in this section, section 2 of Assembly Bill No. 221 of this [act] session and NRS 484.383, if a child is taken into custody:
(a) The officer shall [immediately] , without undue delay, attempt to notify , if known, the parent, guardian or custodian of the child [, if known, and the] ;
(b) The facility in which the child is detained shall, without undue delay:
(1) Notify a probation officer; and
[(b)] (2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and
(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
3. Except as otherwise provided in this section and section 2 of Assembly Bill No. 221 of this [act,] session, if a child who is taken into custody is not released pursuant to subsection 2:
(a) The child must be taken without unnecessary delay to:
(1) The court; or
(2) The place of detention designated by the court [,] and, as soon as possible thereafter, the fact of detention must be reported to the court; and
(b) Pending further disposition of the case, the court may order that the child be:
(1) Released to the custody of the parent or other person appointed by the court;
(2) Detained in such place as is designated by the court, subject to further order of the court; or
(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.
4. Except as otherwise provided in section 2 of Assembly Bill No. 221 of this [act,] session, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:
(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;
(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;
κ1999 Statutes of Nevada, Page 1341 (Chapter 319, AB 53)κ
(c) The child was brought to the probation officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another jurisdiction.
5. If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:
(a) A facility for the secure detention of juveniles; or
(b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.
6. If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:
(a) The child is alleged to be delinquent;
(b) An alternative facility is not available; and
(c) The child is separated by sight and sound from any adults who are confined or detained therein.
7. If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:
(a) Within 24 hours after the child submits a written application;
(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;
(c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or
(d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,
whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
8. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.
9. Except as otherwise provided in subsection 10, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:
κ1999 Statutes of Nevada, Page 1342 (Chapter 319, AB 53)κ
(a) Has threatened to run away from home or from the shelter;
(b) Is accused of violent behavior at home; or
(c) Is accused of violating the terms of his supervision and consent decree.
If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.
10. If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection 9, if the court holds a detention hearing and determines the child:
(a) Is a ward of a federal court or held pursuant to federal statute;
(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or
(c) Is accused of violating a valid court order.
If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.
11. During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.
12. In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.
Sec. 8. Assembly Bill No. 262 of this session is hereby amended by adding thereto a new section to read as follows:
Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.
Sec. 9. The amendatory provisions of this act do not apply to offenses committed before October 1, 1999.
Sec. 10. This act becomes effective at 12:02 a.m. on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1343κ
Assembly Bill No. 71Assemblywoman Buckley
Joint Sponsor: Senator Raggio
CHAPTER 320
AN ACT relating to personal identity; prohibiting a person from obtaining any personal identifying information of another person and using the information to harm that other person or for any unlawful purpose; making various changes to provisions concerning identity fraud and false status; authorizing a person to bring a civil action against another person who unlawfully obtained and used his personal identifying information; requiring a creditor who mails a solicitation for an extension of credit to a person to use the same address to mail the extension of credit to the person under certain circumstances; providing penalties; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 199.480 is hereby amended to read as follows:
199.480 1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnaping in the first or second degree, [or] arson in the first or second degree, or a violation of section 2 of this act, each person is guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery, sexual assault, kidnaping in the first or second degree , [or] arson in the first or second degree, or a violation of section 2 of this act, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or
(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,
and may be further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.
3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
κ1999 Statutes of Nevada, Page 1344 (Chapter 320, AB 71)κ
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,
each person is guilty of a gross misdemeanor.
Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person who knowingly:
(a) Obtains any personal identifying information of another person; and
(b) Uses the personal identifying information to harm that other person or for any unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that person,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
2. A person who knowingly:
(a) Obtains any personal identifying information of another person; and
(b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act,
is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorneys fees and costs incurred to:
(a) Repair the credit history or rating of the person whose personal identifying information he obtained and used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information he obtained and used in violation of subsection 1.
4. As used in this section, personal identifying information has the meaning ascribed to it in NRS 205.465.
Sec. 3. NRS 205.450 is hereby amended to read as follows:
205.450 Every person who shall falsely represent or personate another, and, in such assumed character, shall marry another, become bail or surety for any party, in any proceeding, civil or criminal, before any court or officer authorized to take such bail or surety, or confess any judgment, or acknowledge the execution of any conveyance of real property, or of any other instrument which, by law, may be recorded, or do any other act in the course of any suit, proceeding or prosecution, whereby the person so represented or personated may be made liable, in any event, to the payment of any debt, damages, cost or sum of money, or his right or interest may, in
κ1999 Statutes of Nevada, Page 1345 (Chapter 320, AB 71)κ
any manner be affected, [shall be] is guilty of a [misdemeanor.] category C felony and shall be punished as provided in NRS 193.130.
Sec. 4. NRS 205.455 is hereby amended to read as follows:
205.455 [Every] Unless a greater penalty is provided pursuant to section 2 of this act, a person who falsely represents or personates another, and, in such assumed character, receives any money or valuable property of any description intended to be delivered to the person so personated, shall be punished in the same manner and to the same extent as [for feloniously stealing] if he stole the money or property so received.
Sec. 5. NRS 205.465 is hereby amended to read as follows:
205.465 1. It is unlawful for a person to possess, sell or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.
2. A person who [sells] :
(a) Sells or transfers any such document or personal identifying information in violation of subsection 1; or
(b) Possesses any such document or personal identifying information in violation of subsection 1 to commit any of the crimes set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.491, inclusive, or 205.610 to 205.810, inclusive,
is guilty of a category C felony and shall be punished as provided in NRS 193.130. [A]
3. Except as otherwise provided in subsection 2, a person who possesses any such document or personal identifying information in violation of subsection 1 is guilty of a misdemeanor.
[3.] 4. Subsection 1 does not:
(a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document [.] or personal identifying information; or
(b) Prohibit the possession or use of [those documents] any such document or personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the investigation division of the department of motor vehicles and public safety while engaged in undercover investigations [relating to narcotics or prostitution.] related to the lawful discharge of their duties.
5. As used in this section:
(a) Document includes, without limitation, a photocopy print, photostat and other replica of a document.
(b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, savings account number, credit card number, debit card number, date of birth, place of employment and maiden name of the mother of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
κ1999 Statutes of Nevada, Page 1346 (Chapter 320, AB 71)κ
Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who has suffered injury as the proximate result of a violation of the provisions of section 2 of this act may commence an action for the recovery of his actual damages, costs and reasonable attorneys fees and for any punitive damages that the facts may warrant.
2. An action described in subsection 1 must be commenced not later than 2 years after the person who suffered the injury discovers the facts constituting the violation of the provisions of section 2 of this act.
Sec. 7. Chapter 598B of NRS is hereby amended by adding thereto a new section to read as follows:
If a creditor mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any change of address of the person using a reliable method.
Sec. 8. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
________
Assembly Bill No. 82Committee on Judiciary
CHAPTER 321
AN ACT relating to sanity commissions; revising the provisions governing the compensation of the members of a sanity commission; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission are only entitled to receive [reasonable compensation fixed by the judge impaneling the commission.] compensation for conducting an examination of and preparing reports regarding the person designated by the judge in the order impaneling the commission. In consultation with the presiding judge of the judicial district from which the order to impanel the commission was issued or, if the district has no presiding judge, a judge designated by mutual consent of the district judges of that district, the administrator of the division of mental health and developmental services of the department of human resources shall fix a reasonable rate of compensation for the members of the commission. The compensation is a charge against and must be paid by the division [of mental health and developmental services of the department of human resources] upon an order therefor signed by the judge who impaneled the commission and submitted to the administrator . [of the division.] The administrator shall submit a claim for payment of the order in the manner provided by law. After the appropriation for this purpose is exhausted, money must be allocated to the division [of mental health and developmental services] out of the reserve for statutory contingency account upon approval by the state board of examiners, for payment of the compensation.
κ1999 Statutes of Nevada, Page 1347 (Chapter 321, AB 82)κ
developmental services] out of the reserve for statutory contingency account upon approval by the state board of examiners, for payment of the compensation.
Sec. 2. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 86Committee on Judiciary
CHAPTER 322
AN ACT relating to justices of the peace; requiring that the justices of the peace in certain townships be licensed and admitted to practice law in the courts of this state; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.010 is hereby amended to read as follows:
4.010 1. A person who is not a qualified elector is not eligible to the office of justice of the peace.
2. [A justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.] A justice of the peace [in a township whose population is less than 250,000] must have a high school diploma or its equivalent as determined by the state board of education [.] and:
(a) In a county whose population is 400,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
(b) In a county whose population is less than 400,000, a justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
3. Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, [1987.] 1999.
Sec. 2. Section 4 of Assembly Bill No. 20 of this session is hereby amended to read as follows:
Sec. 4. NRS 4.010 is hereby amended to read as follows:
4.010 1. A person [who is] shall not be a [qualified elector is not] candidate for or be eligible to the office of justice of the peace [.] unless he is a qualified elector and has never been removed or retired from any judicial office by the commission on judicial discipline. For the purposes of this subsection, a person shall not be ineligible to be a candidate for the office of justice of the peace if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.
2. A justice of the peace must have a high school diploma or its equivalent as determined by the state board of education and:
κ1999 Statutes of Nevada, Page 1348 (Chapter 322, AB 86)κ
(a) In a county whose population is 400,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
(b) In a county whose population is less than 400,000, a justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
3. Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, 1999.
Sec. 3. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 159Assemblymen Gibbons, Chowning, Hettrick, Ohrenschall, Dini, Bache, Gustavson, Freeman, Tiffany, de Braga, Mortenson, Cegavske, McClain, Claborn, Beers, Anderson, Goldwater, Lee, Neighbors, Segerblom, Carpenter, Nolan, Leslie and Thomas
CHAPTER 323
AN ACT relating to decedents; providing that a person who is a culpable actor in the felonious and intentional killing of a decedent may not inherit from the decedent or accrue other benefits based upon the death of the decedent; providing for a civil action; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 3 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 28, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 17, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Acquitted includes, without limitation, a finding of not guilty by reason of insanity or diminished capacity.
Sec. 4. Agent means a person who is authorized to represent or act for another person. The term includes, without limitation, an attorney in fact under a durable or nondurable power of attorney or a person who is authorized pursuant to the provisions of a governing instrument to make decisions concerning the provision of health care to another person.
Sec. 5. Beneficiary means a person who is entitled to accrue, acquire or receive any property, interest or benefit pursuant to the provisions of a governing instrument or the laws of intestate succession.
Sec. 6. Community property has the meaning ascribed to it in NRS 123.220.
κ1999 Statutes of Nevada, Page 1349 (Chapter 323, AB 159)κ
Sec. 7. Community property with right of survivorship means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 8. Convicted and conviction mean a judgment based upon:
1. A plea of guilty, guilty but mentally ill or nolo contendere;
2. A finding of guilt by a jury or a court sitting without a jury;
3. An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or
4. Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles.
Sec. 9. Culpable actor in the felonious and intentional killing of a decedent means a person who:
1. Causes or perpetrates the felonious and intentional killing of the decedent;
2. Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate the felonious and intentional killing of the decedent; or
3. Is a principal in any degree, accessory before the fact, accomplice or conspirator to the felonious and intentional killing of the decedent.
Sec. 10. Governing instrument means any of the following:
1. A deed or any other instrument that transfers any property, interest or benefit.
2. An annuity or a policy of insurance.
3. A trust, whether created by an instrument executed during the life of the settlor, a testamentary instrument or any other instrument, judgment or decree, including, without limitation, any of the following:
(a) An express trust, whether private or charitable, and any additions to such a trust.
(b) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
4. A will, a codicil or any other testamentary instrument, including, without limitation, a testamentary instrument that:
(a) Appoints a person to serve in a fiduciary or representative capacity, nominates a guardian or revokes or revises another will, codicil or testamentary instrument; or
(b) Excludes or limits the right of a person or class of persons to succeed to any property, interest or benefit pursuant to the laws of intestate succession.
5. Any account or deposit that is payable or transferable on the death of a person or any instrument that provides for the payment or transfer of any property, interest or benefit on the death of a person.
6. A security registered as transferable on the death of a person or a security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive.
7. Any instrument creating or exercising a power of appointment or a durable or nondurable power of attorney.
8. Any instrument that appoints or nominates a person to serve in any fiduciary or representative capacity, including, without limitation, an agent, guardian, executor, personal representative or trustee.
κ1999 Statutes of Nevada, Page 1350 (Chapter 323, AB 159)κ
9. Any public or private plan or system that entitles a person to the payment or transfer of any property, interest or benefit, including, without limitation, a plan or system that involves any of the following:
(a) Pension benefits, retirement benefits or other similar benefits.
(b) Profit-sharing or any other form of participation in profits, revenues, securities, capital or assets.
(c) Industrial insurance, workers compensation or other similar benefits.
(d) Group insurance.
10. A partnership agreement or an agreement concerning any joint adventure, enterprise or venture.
11. A premarital, antenuptial or postnuptial agreement, a marriage contract or settlement or any other similar agreement, contract or settlement.
12. Any instrument that declares a homestead pursuant to chapter 115 of NRS.
13. Any other dispositive, appointive, nominative or declarative instrument.
Sec. 11. Interest means:
1. Any interest, in whole or in part, in any property or estate, whether such interest is legal or equitable, present or future, or contingent or vested;
2. A right, power or privilege to appoint, consume, exercise, transfer or use any such interest; or
3. Any other right, power or privilege relating to any such interest.
Sec. 12. Interested person means:
1. A parent, spouse, child or sibling of a decedent;
2. A beneficiary or a person who would be a beneficiary if another person were found to be a killer of a decedent;
3. A person who serves in any fiduciary or representative capacity with respect to any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would be entitled to serve in such a capacity if another person were found to be a killer of a decedent; or
4. A person who has a right to or claim against any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would have such a right or claim if another person were found to be a killer of a decedent.
Sec. 13. Joint tenants with right of survivorship means two or more persons who hold any property, interest or benefit under circumstances that entitle one or more of the persons to the whole of the property, interest or benefit on the death of one or more of the other persons.
Sec. 14. Killer means a person who is deemed to be a killer of a decedent pursuant to section 20 or 21 of this act.
Sec. 15. Payor means a person who is authorized or obligated by law or a governing instrument to pay or transfer any property, interest or benefit to another person.
Sec. 16. Person means any of the following:
1. A natural person.
κ1999 Statutes of Nevada, Page 1351 (Chapter 323, AB 159)κ
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
3. A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.
Sec. 17. Property means anything that may be the subject of ownership, including, without limitation, any real or personal property or any estate in such property.
Sec. 18. For the purposes of this chapter:
1. A killing is felonious if it is committed without legal excuse or justification.
2. A killing is intentional if it is caused by or occurs during the commission of any act which involves a degree of culpability that is greater than criminal negligence.
3. Insanity or diminished capacity shall be deemed not to be a legal excuse or justification and must not be considered in determining whether a killing is felonious or intentional.
Sec. 19. 1. Notwithstanding any other provision of law, the provisions of this chapter apply to any appointment, nomination, power, right, property, interest or benefit that accrues or devolves to a killer of a decedent based upon the death of the decedent. If any such appointment, nomination, power, right, property, interest or benefit is not expressly covered by the provisions of this chapter, it must be treated in accordance with the principle that a killer cannot profit or benefit from his wrong.
2. The provisions of this chapter do not abrogate or limit the application of:
(a) The anti-lapse provisions of NRS 133.200 or the right of representation, as defined and applied in chapter 134 of NRS, with respect to a person who is not a killer of the decedent; or
(b) Any provision of a governing instrument that designates:
(1) A contingent or residuary beneficiary who is not a killer of the decedent; or
(2) Any other beneficiary who is not a killer of the decedent.
3. The provisions of this chapter do not abrogate or limit any principle or rule of the common law, unless the principle or rule is inconsistent with the provisions of this chapter.
Sec. 20. 1. If a court in this state or any other jurisdiction enters a judgment of conviction against a person in which the person is found to have been a culpable actor in the felonious and intentional killing of a decedent:
(a) The conviction conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
2. Notwithstanding the provisions of NRS 48.125 or 51.295 or any other provision of law, a judgment of conviction described in subsection 1, including, without limitation, a judgment of conviction based upon a plea of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.
κ1999 Statutes of Nevada, Page 1352 (Chapter 323, AB 159)κ
of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.
3. For the purposes of this section:
(a) A court in any other jurisdiction includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.
(b) A court enters a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:
(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or
(2) The person has exercised any right to appeal the conviction.
(c) A killing in this state that constitutes murder of the first or second degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be deemed to be a felonious and intentional killing.
Sec. 21. 1. For the purposes of this chapter, an interested person may bring a civil action alleging that a person was a culpable actor in the felonious and intentional killing of a decedent. An interested person may bring such a civil action whether or not any person who is alleged to be a killer in the civil action or any other person is or has been, in a separate criminal action, charged with or convicted or acquitted of being:
(a) A culpable actor in the felonious and intentional killing of the decedent; or
(b) A culpable actor in any other offense arising out of the facts surrounding the killing of the decedent.
2. If an interested person brings a civil action pursuant to this section, the court shall determine, by a preponderance of the evidence, whether a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent. If the court finds by a preponderance of the evidence that a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent:
(a) The finding of the court conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
3. If, in a separate criminal action, a person is charged with being a culpable actor in the felonious and intentional killing of a decedent or with any other offense arising out of the facts surrounding the killing of the decedent and:
(a) The person is acquitted of the charge;
(b) The charge is dismissed; or
(c) A verdict or judgment is not reached or entered on the charge for any reason,
evidence concerning any such matter is not admissible in a civil action brought pursuant to this section.
4. Upon its own motion or the motion of an interested person, the court may, in whole or in part, stay the proceedings in a civil action brought pursuant to this section during the pendency of any separate criminal action that has been brought against a person who is alleged to be a killer in the civil action.
κ1999 Statutes of Nevada, Page 1353 (Chapter 323, AB 159)κ
action that has been brought against a person who is alleged to be a killer in the civil action. The provisions of this subsection do not limit the power of the court to stay the proceedings in the civil action for any other reason.
5. A civil action described in this section may not be commenced by an interested person more than 5 years after the interested person discovers or through the use of reasonable diligence should have discovered the material facts that constitute the cause of action.
Sec. 22. 1. A killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of Title 12 of NRS or the common law, accrues or devolves to the killer from or through the estate of the decedent, including, without limitation:
(a) An intestate share.
(b) An elective share.
(c) The share of an omitted spouse or child.
(d) A family allowance.
(e) A homestead allowance.
(f) Any exempt property.
2. The intestate estate of the decedent passes as if the killer had predeceased the decedent, and any other appointment, nomination, power, right, property, interest or benefit described in subsection 1 must be treated as if the killer had predeceased the decedent.
Sec. 23. 1. Except as otherwise provided in section 24 of this act, a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of a governing instrument executed by the decedent or any other person, accrues or devolves to the killer based upon the death of the decedent.
2. In addition to any forfeiture required by subsection 1, if a governing instrument provides for the payment of certain benefits only upon the death of a decedent, a killer of the decedent forfeits any right or interest that the killer is entitled to assert against those benefits on the basis that community property was used, in whole or in part, to purchase the governing instrument or to pay one or more contributions or premiums that were related to the governing instrument.
3. If a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit pursuant to this section, the provisions of each governing instrument affected by the forfeiture must be treated as if the killer had predeceased the decedent.
Sec. 24. 1. A killer of a decedent forfeits any right of survivorship in property that, at the time of the killing, was held by the decedent and the killer as community property with right of survivorship or as joint tenants with right of survivorship.
2. If a killer forfeits any right of survivorship pursuant to subsection 1:
(a) The respective interests in the property held by the decedent and the killer:
(1) Shall be deemed to be severed and transformed into tenancies in common; and
(2) Are presumed to be undivided equal interests in the property, unless a personal representative of the decedent establishes that the contributions made by the decedent concerning the property exceeded the contributions made by the killer; and
κ1999 Statutes of Nevada, Page 1354 (Chapter 323, AB 159)κ
contributions made by the decedent concerning the property exceeded the contributions made by the killer; and
(b) The interest of the decedent passes as the separate property of the decedent and as if the killer had predeceased the decedent.
Sec. 25. 1. A killer of a decedent may not:
(a) Bring an action for wrongful death of the decedent pursuant to NRS 41.085; or
(b) Benefit in any way from such an action brought by a personal representative of the decedent.
2. Each person who may bring or benefit from an action for wrongful death of the decedent pursuant to NRS 41.085 must be determined as if the killer had predeceased the decedent.
Sec. 26. Except as otherwise provided by specific statute, if a payor or other third person, in good faith, pays or transfers any property, interest or benefit to a beneficiary in accordance with the provisions of a governing instrument, the payor or other third person is not liable to another person who alleges that the payment or transfer to the beneficiary violated the provisions of this chapter unless, before the payment or transfer, the payor or other third person had actual knowledge that the beneficiary was prohibited from acquiring or receiving the property, interest or benefit pursuant to the provisions of this chapter.
Sec. 27. 1. Except as otherwise provided in subsection 2, if a person, without legal right or authorization, acquires or receives any property, interest or benefit forfeited by a killer pursuant to the provisions of this chapter, the person is required to transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the person is liable to such beneficiary for the value of the property, interest or benefit.
2. The provisions of subsection 1 do not apply to a person who:
(a) Acquired the property, interest or benefit for value and without notice; or
(b) Received the property, interest or benefit in full or partial satisfaction of a legally enforceable obligation and without notice.
Sec. 28. 1. If a killer, for value or otherwise, transfers to a third person any property, interest or benefit forfeited by the killer pursuant to the provisions of this chapter, the killer is required to recover and transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
2. If any federal law preempts any provision of this chapter requiring a killer to forfeit any property, interest or benefit and the property, interest or benefit accrues or devolves to the killer because of the preemption, the killer is required to transfer the property, interest or benefit to the beneficiary who, in the absence of the preemption, would have been entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
Sec. 29. NRS 41.085 is hereby amended to read as follows:
41.085 1. As used in this section, heir means a person who, under the laws of this state, would be entitled to succeed to the separate property of the decedent if he had died intestate.
κ1999 Statutes of Nevada, Page 1355 (Chapter 323, AB 159)κ
decedent if he had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to sections 2 to 28, inclusive, of this act, and such a person shall be deemed to have predeceased the decedent as set forth in section 25 of this act.
2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against his personal representatives, whether the wrongdoer died before or after the death of the person he injured. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for his conduct, the action may be maintained against that other person, or if he is dead against his personal representatives.
3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by his personal representatives which arose out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 , and the court or jury may award each person pecuniary damages for his grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.
5. The damages recoverable by the personal representatives of a decedent on behalf of his estate include:
(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before his death, and funeral expenses; and
(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if he had lived,
but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.
Sec. 30. NRS 62.216 is hereby amended to read as follows:
62.216 1. A child adjudicated pursuant to this chapter is not a criminal and any adjudication is not a conviction, and a child may be charged with a crime or convicted in any other court only as provided in NRS 62.080 and 62.081.
2. [An] Except as otherwise provided by specific statute, an adjudication pursuant to this chapter upon the status of a child does not impose any of the civil disabilities ordinarily resulting from conviction, and the disposition of a child or any evidence given in court must not be used to disqualify the child in any future application for or appointment to the civil service.
Sec. 31. NRS 123.250 is hereby amended to read as follows:
123.250 1. [Upon] Except as otherwise provided in subsection 2, upon the death of either husband or wife:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
κ1999 Statutes of Nevada, Page 1356 (Chapter 323, AB 159)κ
(b) The remaining interest [is] :
(1) Is subject to the testamentary disposition of the decedent [,] or, in the absence [thereof goes, except as otherwise provided in NRS 134.007,] of such a testamentary disposition, goes to the surviving spouse [, and is] ; and
(2) Is the only portion subject to administration under the provisions of Title 12 of NRS.
2. The provisions of this section [apply] :
(a) Do not apply to the extent that they are inconsistent with the provisions of sections 2 to 28, inclusive, of this act.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.
3. As used in this section, community property with right of survivorship means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 32. NRS 134.005 is hereby amended to read as follows:
134.005 [1. With the exception of NRS 134.007 and 134.010, the provisions of this chapter, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate.
2. With the exception of NRS 134.007, the] The provisions of this chapter [are inapplicable] do not apply to the extent that they are inconsistent with the provisions of a premarital agreement [between the deceased and his] which was executed by the decedent and the surviving spouse of the decedent and which is enforceable pursuant to chapter 123A of NRS.
Sec. 33. NRS 134.010 is hereby amended to read as follows:
134.010 [Upon the death of either the husband or the wife] If a decedent leaves a surviving spouse:
1. Community property with right of survivorship vests in accordance with the right of survivorship;
2. All other community property [shall vest] vests as provided in NRS 123.250 [.] ; and
3. The provisions of this chapter apply only to the separate property of the decedent.
Sec. 34. NRS 134.030 is hereby amended to read as follows:
134.030 [Except as provided in NRS 134.007, when any person having] If a decedent dies intestate and has title to any estate which is [his or her] the separate property [,] of the decedent and which is not otherwise limited by contract, [dies intestate as to such estate, it] the estate descends and must be distributed, subject to the payment of [his debts,] the debts of the decedent, in the manner provided in NRS 134.040 to 134.120, inclusive.
Sec. 35. NRS 111.067, 134.007 and 688A.420 are hereby repealed.
Sec. 36. The amendatory provisions of this act do not apply to a decedent who died before the effective date of this act.
Sec. 37. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1357κ
Assembly Bill No. 219Assemblymen Cegavske, Hettrick, Perkins and Dini
Joint Sponsors: Senators Raggio, Rawson, Porter, Titus, James, Amodei, Care, ODonnell and Washington
CHAPTER 324
AN ACT relating to public schools; requiring school districts to spend a minimum amount of money each year on certain items for public schools; revising provisions regarding budgets of school districts; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in this section, in each school year a school district shall spend for textbooks, library books and supplies and materials relating to instruction, including, without limitation, software for computers, an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years.
2. Except as otherwise provided in this section, in each school year a school district shall spend for the purchase of equipment relating to instruction, including, without limitation, equipment for telecommunications and for the purchase of equipment relating to the transportation of pupils, an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years.
3. Except as otherwise provided in this section, in each school year a school district shall spend for the maintenance and repair of equipment, vehicles, and buildings and facilities an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years, excluding any amount of money derived from the proceeds of bonds.
4. A school district may satisfy the expenditures required by subsections 1, 2 and 3 if the school district spends an aggregate amount of money for all the items identified in those subsections that is at least equal to the average of the total amount of money expended by the school district per year for all those items in the immediately preceding 3 years.
5. A school district is not required to satisfy the expenditures required by this section for a school year in which:
κ1999 Statutes of Nevada, Page 1358 (Chapter 324, AB 219)κ
(a) The total number of pupils who are enrolled in public schools within the school district has declined from the immediately preceding school year; or
(b) The total revenue available in the general fund of the school district has declined from the immediately preceding school year.
Sec. 3. If the ending balance of the general fund of a school district has declined for 3 consecutive years, the school district shall submit to the committee on local government finance created pursuant to NRS 266.0165 a written explanation of the cause of the decline.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 387.205 is hereby amended to read as follows:
387.205 1. [Money] Subject to the limitations set forth in section 2 of this act, money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, must be used for:
(a) Maintenance and operation of the public schools controlled by the county school district.
(b) Payment of premiums for Nevada industrial insurance.
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.
(g) Membership fees, dues and contributions to an interscholastic activities association.
(h) Repayment of a loan made from the state permanent school fund pursuant to NRS 387.526.
2. [Money] Subject to the limitations set forth in section 2 of this act, money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
Sec. 6. NRS 354.598 is hereby amended to read as follows:
354.598 1. At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.
2. At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. Except as otherwise provided in this subsection, the final budget must be adopted on or before June 1 of each year.
κ1999 Statutes of Nevada, Page 1359 (Chapter 324, AB 219)κ
or before June 1 of each year. The final budgets of school districts must be adopted on or before June 8 of each year and must be accompanied by copies of the written report and written procedure prepared pursuant to subsection 3 of NRS 385.351. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.4547 or 361.455.
3. The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department of taxation.
4. Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.
5. No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
6. On or before January 1 of each school year, each school district shall adopt an amendment to its final budget after the count of pupils is completed pursuant to subsection 1 of NRS 387.1233. The amendment must reflect any adjustments necessary as a result of the completed count of pupils.
Sec. 7. This act becomes effective on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 1360κ
Assembly Bill No. 282Assemblymen Lee, Gibbons, Segerblom, Mortenson, Neighbors, Thomas, Koivisto, McClain, Goldwater, Perkins, Cegavske and Collins
CHAPTER 325
AN ACT relating to crimes; revising the provisions governing the unlawful exhibition or distribution of material that is harmful to minors; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.261 is hereby amended to read as follows:
201.261 Nudity means [the] :
1. The showing of the human female breast with less than a fully opaque covering of any portion of the areola and nipple;
2. The showing of the human male or female genitals or pubic area with less than a fully opaque covering of any portion thereof; or [the]
3. The depiction of [covered] the human male genitals in a discernible turgid state [.] , whether or not covered.
Sec. 2. The amendatory provisions of this act do not apply to offenses that were committed before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 295Assemblywoman Von Tobel
CHAPTER 326
AN ACT relating to water districts; extending an exception from the advertising of public contracts to certain additional water districts; excluding a certain part of the original territory of the Virgin Valley water district; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection 6 and NRS 338.1906 and 338.1907, an agency or political subdivision of the state, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work, shall not:
(a) Commence such a project, for which the estimated cost exceeds $100,000, unless it advertises in a newspaper of general circulation in the state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work.
κ1999 Statutes of Nevada, Page 1361 (Chapter 326, AB 295)κ
receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any or all bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before an agency or political subdivision of the state may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, who the agency or political subdivision intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the agency or political subdivision intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the agency or political subdivision expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947 [.] , the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993.
κ1999 Statutes of Nevada, Page 1362 (Chapter 326, AB 295)κ
Sec. 2. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection 6, an agency or political subdivision of the state, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work, shall not:
(a) Commence such a project, for which the estimated cost exceeds $100,000, unless it advertises in a newspaper of general circulation in the state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any or all bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before an agency or political subdivision of the state may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, who the agency or political subdivision intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the agency or political subdivision intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
κ1999 Statutes of Nevada, Page 1363 (Chapter 326, AB 295)κ
(e) An estimate of the amount of money the agency or political subdivision expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947 [.] , the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993.
Sec. 3. Section 1 of chapter 100, Statutes of Nevada 1993, as amended by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended to read as follows:
Section 1. There is hereby created a political subdivision of this state to be known as the Virgin Valley Water District. The jurisdiction and service area of the district are all that real property located in Clark County, Nevada, described as follows:
[Beginning at the northeast corner of section 10, Township 13 South, Range 71 East, Mount Diablo Meridian and running south approximately 15 miles along the section lines to the southeast corner of section 22, Township 15 South, Range 71 East, Mount Diablo Meridian; thence westerly along the section lines approximately 15 miles to the southwest corner of section 20, Township 15 South, Range 69 East; thence northerly along the section lines approximately 2 miles to the northwest corner of section 17, Township 15 South, Range 69 East; thence easterly along the north line of that section 17, a distance of 1 mile more or less to the southwesterly corner of section 9, Township 15 South, Range 69 East; thence northerly along the westerly section lines of sections 9 and 4 to the northwesterly corner of section 4, Township 15 South, Range 69 East; thence westerly along the south lines of Township 14 South approximately 14 miles to the southwesterly corner of section 31, Township 14 South, Range 67 East, that point also being on the west range line of Range 67 East; thence northerly along that range line a distance of 12 miles more or less to the northerly line of Clark County; thence easterly along the north line of Clark County 28 miles more or less to a point in the north-south boundary line between the States of Nevada and Arizona; thence southerly along the Nevada-Arizona state line to the northeast corner of section 10, Township 13 South, Range 71 East, Mount Diablo Meridian,] Beginning at the northeast corner of section 3, Township 13 South, Range 71 East, Mount Diablo Meridian (MDM), which is also the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line; thence south along the Nevada and Arizona state line to the southeast corner of section 22, Township 15 South, Range 71 East, MDM, a distance of approximately 16 miles; thence westerly to the southwest corner of section 20, Township 15 South, Range 69 East, MDM, a distance of approximately 14 1/2 miles; thence northerly to the northwest corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence easterly to the northeast corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 4, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 31, Township 14 South, Range 68 East, MDM, a distance of approximately 8 miles; thence northerly to the northwest corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 3 miles; thence easterly to the northeast corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the southeast corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 6, Township 13 South, Range 68 East, MDM, a distance of approximately 7 miles, a point located on the common boundary of Clark and Lincoln counties; thence easterly along said common county line to the northeast corner of section 3, Township 13 South, Range 71 East, MDM, a distance of approximately 21 1/2 miles, the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line, that point being the true point of beginning.
κ1999 Statutes of Nevada, Page 1364 (Chapter 326, AB 295)κ
Range 69 East, MDM, a distance of approximately 14 1/2 miles; thence northerly to the northwest corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence easterly to the northeast corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 4, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 31, Township 14 South, Range 68 East, MDM, a distance of approximately 8 miles; thence northerly to the northwest corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 3 miles; thence easterly to the northeast corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the southeast corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 6, Township 13 South, Range 68 East, MDM, a distance of approximately 7 miles, a point located on the common boundary of Clark and Lincoln counties; thence easterly along said common county line to the northeast corner of section 3, Township 13 South, Range 71 East, MDM, a distance of approximately 21 1/2 miles, the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line, that point being the true point of beginning.
Sec. 4. 1. This section and sections 1 and 3 of this act become effective on October 1, 1999.
2. Section 2 of this act becomes effective at 12:01 a.m. on May 1, 2013.
3. Section 1 of this act expires by limitation on May 1, 2013.
________
κ1999 Statutes of Nevada, Page 1365κ
Assembly Bill No. 309Committee on Government Affairs
CHAPTER 327
AN ACT relating to the charter of the City of Reno; providing that the boundaries of wards must be determined on the basis of population; revising provisions prohibiting certain officers from holding certain other offices or employment; revising the qualifications for certain offices; revising certain provisions governing the adoption of ordinances; providing that a misdemeanor offense under state law is deemed also to be a misdemeanor offense against the city if the offense is committed within the city; repealing certain provisions; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.050 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 1993, at page 20, is hereby amended to read as follows:
Sec. 1.050 Wards: Creation; boundaries.
1. The city must be divided into five wards, which must be as nearly equal in [registered voters] population as can be conveniently provided. The territory comprising each ward must be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the city.
2. The boundaries of the wards must be established and changed by ordinance, passed by a vote of at least five-sevenths of the city council. The boundaries of the wards [must] :
(a) Must be changed [on the second Monday in January preceding any regular election if, at the close of registration before each general state election held in even-numbered years, the number of registered voters] whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the [number of registered voters] population in any other ward by more than 5 percent.
[3. Ordinances establishing or changing the boundaries of wards must not be passed or amended until the registrar of voters of Washoe County, if his office is created, or the county clerk of Washoe County, if the registrars office is not created, certifies that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 5 percent.]
(b) May be changed to include territory that has been annexed, or whenever the population in any ward exceeds the population in another ward by more than 5 percent by any measure that is found to be reliable by the city council.
κ1999 Statutes of Nevada, Page 1366 (Chapter 327, AB 309)κ
Sec. 2. Section 1.080 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1390, is hereby amended to read as follows:
Sec. 1.080 Mayor and councilmen not to hold other office [.] or employment.
1. The mayor and councilmen shall not:
(a) Hold any other elective office or employment with Washoe County or the city, except as provided by law or as a member of a board or commission for which no compensation is received.
(b) Be [elected or] appointed to any office or position created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.
2. Any person [holding any office proscribed by] who violates the provisions of subsection 1 shall automatically forfeit his office.
Sec. 3. Section 2.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1467, is hereby amended to read as follows:
Sec. 2.010 Mayor and city council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of six councilmen and a mayor.
2. The mayor and councilmen must be [:
(a) Bona fide residents of the wards they represent, or if representing the city at large, of the city, for at least 6 months immediately preceding their election, and each] qualified electors within the city. Each councilman elected from a ward must continue to live in that ward for as long as he represents the ward.
[(b) Qualified electors within the city.]
3. The mayor and one councilman represent the city at large and one councilman represents each ward. The mayor and councilmen serve for terms of 4 years.
4. The mayor and councilmen are entitled to receive a salary in an amount fixed by the city council.
Sec. 4. Section 2.100 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of Nevada 1993, at page 2500, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, [as amended from time to time,] and published in the city at least 10 days before the adoption of the ordinance.
κ1999 Statutes of Nevada, Page 1367 (Chapter 327, AB 309)κ
adoption of the ordinance. The city council shall adopt or reject the ordinance , or an amendment thereto, within [30] 45 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the city council [following the proposal of an ordinance and its reference to committee,] held at least 10 days after the date of publication, the committee shall report the ordinance back to the city council. Thereafter, it must be read as first proposed or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at [a special] an emergency meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, [as amended from time to time,] and published in the city for at least one publication, before the ordinance becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 5. Section 2.110 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1967, is hereby amended to read as follows:
Sec. 2.110 Uniform codes: Procedure for adoption. [An ordinance adopting a] A uniform building, plumbing, electrical, health, traffic or fire code, or any other uniform code , [or codes,] printed in book or pamphlet form, [may adopt such code or codes,] or any portion thereof, with such changes as may be necessary to make [such code or codes] the code applicable to conditions in the city, and with such other changes as may be desirable, may be adopted in an ordinance by reference thereto. Copies of [such code or codes, either typewritten or printed,] the code, with such changes, if any, [shall] must be filed for use and examination by the public in the office of the clerk at least 1 week [prior to] before the passage of the ordinance adopting [such code or codes.] the code.
Sec. 6. Section 2.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2761, is hereby amended to read as follows:
Sec. 2.140 General powers of city council.
1. Except as otherwise provided in subsection 2 and section 2.150, the city council may:
κ1999 Statutes of Nevada, Page 1368 (Chapter 327, AB 309)κ
(a) Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.
(b) Regulate and impose a license tax for revenue upon all businesses, trades and professions.
(c) Provide or grant franchises for public transportation and utilities.
(d) Appropriate money for advertising and publicity and for the support of a municipal band.
(e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the city whenever the offense is committed within the city.
(f) Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:
(1) Coequal with the latest lien upon the property to secure the payment of general taxes.
(2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
2. The city council:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.
5. As used in this section:
(a) Telecommunications has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) Telecommunications service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
κ1999 Statutes of Nevada, Page 1369 (Chapter 327, AB 309)κ
Sec. 7. Section 3.060 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of Nevada 1993, at page 2501, is hereby amended to read as follows:
Sec. 3.060 City attorney: Qualifications; duties; salary.
1. The city attorney must be a duly licensed member of the State Bar of Nevada and a [resident of the city for at least 6 months before his election.] qualified elector within the city. Once elected, he shall hold office for a term of 4 years and until his successor is duly elected and qualified.
2. The city attorney is the legal officer of the city and shall:
(a) Perform such duties as may be designated by ordinance;
(b) Be present at all meetings of the city council;
(c) Be counsel for the civil service commission;
(d) Devote his full time to the duties of the office; and
(e) Not engage in the private practice of law.
3. The city attorney is entitled to receive a salary as fixed by resolution of the city council.
4. The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office. Such assistants must not be civil service employees. The council may appropriate such an amount of money as it may deem proper to compensate [any] such assistants. Such assistants who are attorneys and are employed for more than 20 hours per week by the city attorney shall not engage in the private practice of law.
Sec. 8. Section 4.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of Nevada 1993, at page 2501, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Qualifications of municipal judge; salary.
1. A municipal judge must be:
(a) An attorney licensed to practice law in the State of Nevada.
(b) A [resident of] qualified elector within the city . [for at least 6 months.
2. The]
2. A municipal judge [or judges] shall not engage in the private practice of law.
3. The salary of a municipal judge must be:
(a) Fixed by resolution of the city council.
(b) Uniform for all judges in the municipal court.
Sec. 9. Section 2.050 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1966, and section 4.050 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1977, are hereby repealed.
Sec. 10. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1370κ
Assembly Bill No. 329Committee on Transportation
CHAPTER 328
AN ACT relating to motor vehicles; expanding the circumstances under which special license plates may be used on motor vehicles loaned by dealers and rebuilders of vehicles; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.330 is hereby amended to read as follows:
482.330 1. Upon issuance of a dealers, distributors, manufacturers or rebuilders license certificate pursuant to NRS 482.322, the department shall furnish to the manufacturer, distributor, dealer or rebuilder one or more registration certificates and special plates for use on the vehicles [which come within] described in the provisions of NRS 482.320. Each plate must have displayed upon it the identification number which is assigned to the dealer, distributor, manufacturer or rebuilder, and may at the discretion of the department have a different letter or symbol on each plate or pair of plates. The manufacturers, distributors, dealers or rebuilders license plates may be used interchangeably on that vehicle.
2. The department shall issue to each dealer a reasonable number of registration certificates and license plates.
3. The department [may] shall provide by regulation for the issuance of special license plates to dealers or rebuilders [of special license plates] and for the number of those plates for use on vehicles loaned by those dealers or rebuilders to [customers] :
(a) Customers in the course of business.
(b) The State of Nevada.
(c) The University and Community College System of Nevada.
(d) A school district.
(e) A county, city or town.
(f) An organization that is exempt from taxation pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code.
The regulations [, if adopted, must provide] must prescribe what use may be made of the plates [.] and the persons who may operate a motor vehicle with those plates.
________
κ1999 Statutes of Nevada, Page 1371κ
Assembly Bill No. 334Assemblymen Hettrick, Humke, Collins, Perkins, Dini, Cegavske, Beers, Nolan, Leslie, Evans, Goldwater, Thomas, Carpenter, Segerblom, Gustavson, Chowning, de Braga, Mortenson, Claborn, McClain and Koivisto
Joint Sponsors: Senators Townsend, OConnell and Rhoads
CHAPTER 329
AN ACT relating to industrial insurance; providing for industrial insurance coverage for domestic workers; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The system or a private carrier may provide industrial insurance, as a part of a homeowners policy of insurance, to a person who employs a domestic worker for the term of that workers employment. Upon providing such coverage, the manager or private carrier may, with the approval of the commissioner, determine and fix the premium rates to be paid for the industrial insurance so provided.
2. A domestic worker for whom industrial insurance is provided pursuant to subsection 1:
(a) Shall be deemed to be an employee while performing work for his employer at a wage:
(1) Equal to his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420 if he is employed more than 20 hours per week; or
(2) Of $150 per month if he is employed not more than 20 hours per week; and
(b) Is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS.
3. The provisions of this section do not authorize the system to transact property or casualty insurance in this state.
4. As used in this section:
(a) Domestic worker is a person who is engaged exclusively in household or domestic service performed inside or outside of a persons residence. The term includes, without limitation, a cook, housekeeper, maid, companion, babysitter, chauffeur or gardener.
(b) Homeowners policy of insurance means a policy of property or casualty insurance that provides coverage for the loss of or damage to a home or against liability for the death or injury of a person or damage to property.
________
κ1999 Statutes of Nevada, Page 1372κ
Assembly Bill No. 339Assemblymen Evans, Chowning, de Braga, Claborn, Koivisto, McClain, Parnell, Anderson, Cegavske, Humke, Mortenson, Gustavson, Angle, Buckley, Leslie and Brower
Joint Sponsors: Senators Amodei, Mathews, Shaffer and Wiener
CHAPTER 330
AN ACT relating to domestic violence; allowing a person who is applying for a temporary order for protection against domestic violence to apply, at the same time, for an extended order for protection against domestic violence; requiring that a hearing concerning the issuance of an extended order for protection against domestic violence be held within 45 days after the application for the extended order is filed; authorizing the court to appoint a master to take testimony and recommend orders in cases concerning orders for protection against domestic violence; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 33 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In an action to issue, dissolve, convert, modify, register or enforce a temporary or extended order pursuant to NRS 33.017 to 33.100, inclusive, the court may appoint a master to take testimony and recommend orders.
2. The master must be an attorney licensed to practice in this state.
3. The master shall:
(a) Take testimony and establish a record; and
(b) Make findings of fact, conclusions of law and recommendations concerning a temporary or extended order.
Sec. 2. NRS 33.017 is hereby amended to read as follows:
33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Extended order means an extended order for protection against domestic violence.
2. Temporary order means a temporary order for protection against domestic violence.
Sec. 3. NRS 33.020 is hereby amended to read as follows:
33.020 1. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order for protection against domestic violence. A temporary or extended order for protection against domestic violence must not be granted to the applicant or the adverse party unless he has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
2. The court may require the applicant or the adverse party, or both, to appear before it before determining whether to grant the temporary or extended order.
κ1999 Statutes of Nevada, Page 1373 (Chapter 330, AB 339)κ
3. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application. A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed.
4. The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
5. If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order for protection against domestic violence. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.
6. In a county whose population is 400,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.
7. In a county whose population is less than 400,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.
8. The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to NRS 33.095.
Sec. 4. NRS 33.080 is hereby amended to read as follows:
33.080 1. A temporary order expires within such time, not to exceed 30 days, as the court fixes. If an application for an extended order is filed within the period of a temporary order [,] or at the same time that an application for a temporary order is filed, the temporary order remains in effect until the hearing on the extended order is held.
2. On 2 days notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
κ1999 Statutes of Nevada, Page 1374 (Chapter 330, AB 339)κ
3. An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for [no] not more than 1 year.
________
Assembly Bill No. 350Committee on Government Affairs
CHAPTER 331
AN ACT relating to the state seal; designating official colors for reproductions and facsimiles of the state seal; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 235.010 is hereby amended to read as follows:
235.010 1. There must be a seal of the State of Nevada called The Great Seal of the State of Nevada, the design of which is as follows: In the foreground, there must be two large mountains, at the base of which, on the right, there must be located a quartz mill, and on the left a tunnel, penetrating the silver leads of the mountain, with a miner running out a carload of ore, and a team loaded with ore for the mill. Immediately in the foreground, there must be emblems indicative of the agricultural resources of the state, as follows: A plow, a sheaf and sickle. In the middle ground, there must be a railroad train passing a mountain gorge and a telegraph line extending along the line of the railroad. In the extreme background, there must be a range of snow-clad mountains, with the rising sun in the east. Thirty-six stars and the motto of our state, All for Our Country, must encircle the whole group. In an outer circle, the words The Great Seal of the State of Nevada must be engraved with Nevada at the base of the seal and separated from the other words by two groups of three stars each.
2. The size of the seal must not be more than 2 3/4 inches in diameter.
3. The seal must be kept by the governor and used by him officially. The secretary of state must have access to the seal at all times, and may use it in verification of all his official acts.
4. A reproduction or facsimile of the seal may only be used:
(a) With the written permission of the governor;
(b) In the performance of official acts by an agency of one of the branches of state government;
(c) On items distributed by an agency of one of the branches of state government which are not necessary to carry out the duties of that agency, if the use of the reproduction or facsimile is approved by the head of that agency;
(d) On medallions or bars minted pursuant to the direction of the director; or
(e) As otherwise permitted by a specific statute.
κ1999 Statutes of Nevada, Page 1375 (Chapter 331, AB 350)κ
5. Except as otherwise provided in subsection 6, a colored reproduction or facsimile of the state seal may only be used if it is in substantially the following colors:
6. A person or entity that is granted permission to use the state seal pursuant to:
(a) Paragraph (a) of subsection 4 may use a reproduction or facsimile of the state seal that does not consist of the official colors provided in subsection 5 if the governor has authorized such use in the written permission.
(b) Paragraph (b), (c), (d) or (e) of subsection 4 may use a one-color, two-color or metallic reproduction or facsimile of the state seal in addition to or in lieu of the official colors provided in subsection 5.
7. Except as otherwise provided in NRS 205.175, a person who uses or allows to be used, any reproduction or facsimile of The Great Seal of the State of Nevada in violation of subsection 4 is guilty of a misdemeanor.
________
κ1999 Statutes of Nevada, Page 1376κ
Assembly Bill No. 358Committee on Natural Resources, Agriculture, and Mining
CHAPTER 332
AN ACT relating to state land use planning; revising provisions governing the procedures to be followed if the Federal Government files a realty action concerning the purchase of private land in Nevada or the exchange of public land for private land in Nevada; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon receipt of a notice of realty action from the United States concerning the purchase by the Federal Government of private land or the exchange of public land for private land, the state land use planning agency shall give written notice of the proposed action to the governing body of each county or city affected within 1 week after its receipt of the notice.
2. The governing body of each affected county or city may, in addition to submission of comments directly to the Federal Government, deliver its written comments on the proposed realty action, including an estimation of any related reduction in the total assessed valuation of the real property within the jurisdiction of the local government and recommendations for mitigation of the loss of assessed valuation, to the state land use planning agency within 30 days after receipt of the notice.
3. If the state land use planning agency elects to submit written comment to the Federal Government upon the realty action, it shall include in its submission any comments it received pursuant to subsection 2.
Sec. 2. NRS 321.655 is hereby amended to read as follows:
321.655 As used in NRS 321.640 to 321.770, inclusive [:] , and section 1 of this act:
1. Administrator means the executive head of the division.
2. Area of critical environmental concern means any area in this state where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.
3. Planning agency means:
(a) The planning commission for the city in which the land is entirely located; or
(b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe regional planning agency, within whose jurisdiction the land is located.
4. Public lands means all lands within the exterior boundaries of the State of Nevada except lands:
κ1999 Statutes of Nevada, Page 1377 (Chapter 332, AB 358)κ
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the University and Community College System of Nevada;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;
(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 363Assemblymen Leslie, Anderson, Brower, Parnell, Gibbons, Giunchigliani, Perkins, Dini, Bache, Koivisto, McClain, Claborn, de Braga, Hettrick, Lee, Nolan, Arberry, Thomas, Parks, Neighbors, Goldwater, Beers, Chowning, Price, Freeman, Ohrenschall, Evans, Collins, Manendo, Mortenson, Humke, Carpenter, Cegavske, Williams, Gustavson, Segerblom, Berman, Buckley, Von Tobel, Tiffany and Marvel
Joint Sponsors: Senators Townsend, Titus, Mathews and James
CHAPTER 333
AN ACT relating to crimes; increasing the penalties for the crime of aggravated stalking; requiring certain training for peace officers concerning the crimes of stalking and aggravated stalking; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who:
(a) Commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or
κ1999 Statutes of Nevada, Page 1378 (Chapter 333, AB 363)κ
(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice, commits the crime of aggravated stalking.
3. A person who commits the crime of aggravated stalking shall be punished:
(a) If he commits the crime
set forth in paragraph (a) of subsection 2, for a category B felony by
imprisonment in the state prison for a minimum term of not less than [1 year] 2 years and a maximum term
of not more than [6] 15 years, and may be
further punished by a fine of not more than $5,000.
(b) If he commits the crime set forth in paragraph (b) or (c) of sub- section 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and
any subsequent offense, for a category B felony by imprisonment in the state
prison for a minimum term of not less than [1 year] 2 years and a maximum term of not more than [6] 15 years, and may be
further punished by a fine of not more than $5,000.
4. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
5. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
6. As used in this section:
(a) Course of conduct means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) Without lawful authority includes acts which are initiated or continued without the victims consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Sec. 2. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
As a condition of the certification of each peace officer, the peace officers standards and training committee shall require each peace officer to be trained in dealing with the crimes of stalking and aggravated stalking, including, without limitation:
κ1999 Statutes of Nevada, Page 1379 (Chapter 333, AB 363)κ
1. The manner in which a report from a person who claims to be a victim of stalking or aggravated stalking should be taken;
2. The proper method of carrying out an investigation of alleged stalking or aggravated stalking; and
3. The elements of the crimes of stalking and aggravated stalking.
Sec. 3. The amendatory provisions of section 1 of this act do not apply to offenses that were committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 392Committee on Judiciary
CHAPTER 334
AN ACT relating to courts; authorizing the parties to certain actions to use a settlement conference, short trial and other alternative methods of resolving disputes under certain circumstances; providing for the adoption of rules and procedures governing the use of alternative methods of resolving disputes; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 38.250 is hereby amended to read as follows:
38.250 1. Except as otherwise provided in NRS 38.310:
[1.] (a) 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 38.250 to 38.258, inclusive, and section 1 of Senate Bill No. 315 of this [act.] session, unless the parties have agreed to submit the action to an alternative method of resolving disputes established by the supreme court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a binding short trial, and that method has resulted in a binding disposition of the action. If an action is submitted to an alternative method of resolving disputes pursuant to this paragraph and a binding disposition of the case does not result, the action must be submitted to nonbinding arbitration, but the parties may agree to submit the action to another alternative method of resolving disputes while the nonbinding arbitration is pending or after the nonbinding arbitration has been completed.
[2.] (b) A civil action for damages filed in justices court may be submitted to arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference, mediation or a binding short trial, if the parties agree [, orally or in writing,] to the submission.
2. An agreement entered into pursuant to this section must be:
(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;
(b) In writing; and
κ1999 Statutes of Nevada, Page 1380 (Chapter 334, AB 392)κ
(c) Entered into knowingly and voluntarily.
An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.
3. As used in this section, short trial means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.
Sec. 2. NRS 38.258 is hereby amended to read as follows:
38.258 [In any civil action that is required to be submitted to arbitration pursuant to NRS 38.250, the]
1. The supreme court may [also] authorize the use of settlement conferences and other alternative methods of resolving disputes , including, without limitation, mediation and a binding short trial, that are available in the county in which [the] a district court is located [, if] :
(a) Before submitting an action to nonbinding arbitration pursuant to NRS 38.250;
(b) After an action is submitted to nonbinding arbitration because an alternative method of resolving disputes did not result in a binding disposition of the action; or
(c) At any other time during or following nonbinding arbitration if the [court determines that such participation] parties agree that the use of any such alternative methods of resolving disputes would assist in the resolution of the dispute.
2. If the supreme court authorizes the use of an alternative method of resolving disputes pursuant to subsection 1, the supreme court shall adopt rules and procedures to govern the use of any such method.
3. As used in this section, short trial has the meaning ascribed to it in NRS 38.250.
Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1381κ
Assembly Bill No. 406Assemblymen Hettrick, Cegavske, Anderson, Bache, Tiffany, Koivisto, McClain, Angle, Gustavson, Claborn, Mortenson, Beers, Nolan, Brower, Leslie, Evans, Perkins, Humke, Berman, Collins, Thomas, Lee, de Braga, Neighbors, Parks, Von Tobel, Segerblom, Goldwater, Dini, Buckley, Giunchigliani, Arberry, Gibbons, Carpenter and Marvel
Joint Sponsor: Senator Jacobsen
CHAPTER 335
AN ACT relating to crime; making various changes concerning probationers who are supervised by departments of alternative sentencing; authorizing a court to take certain actions if such a probationer violates a condition of a suspended sentence; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a probationer has violated a condition of his suspended sentence, the court may, upon its own motion or upon the report and recommendation of the chief or an assistant, do any or all of the following:
(a) Modify the conditions of the suspension of the sentence.
(b) Modify and extend the suspension of the sentence, in whole or in part, for a period of not more than 1 year after the date on which the court finds that the probationer has committed the violation, unless a longer period is authorized by specific statute.
(c) Revoke the suspension of the sentence, in whole or in part, and cause all or part of the sentence to be executed.
2. Before taking any action described in subsection 1, the court shall provide the probationer with notice of the proposed action and an opportunity to be heard.
Sec. 2. NRS 4.373 is hereby amended to read as follows:
4.373 1. Except as otherwise provided in subsection 2, [by] section 1 of this act or another specific statute , or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
κ1999 Statutes of Nevada, Page 1382 (Chapter 335, AB 406)κ
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the justice of the peace.
3. The justice of the peace may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
4. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 3. NRS 5.055 is hereby amended to read as follows:
5.055 1. Except as otherwise provided in subsection 2, [by] section 1 of this act or another specific statute , or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the municipal judge may order as a condition of suspension that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;
κ1999 Statutes of Nevada, Page 1383 (Chapter 335, AB 406)κ
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the municipal judge.
3. The municipal judge may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
4. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 4. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1384κ
Assembly Bill No. 457Assemblymen Parks, Leslie, Koivisto, Bache, Freeman, Tiffany, Cegavske, Hettrick, Manendo, Berman, Gustavson, Gibbons, Williams, Anderson, Goldwater, Segerblom, Giunchigliani, Ohrenschall, Von Tobel, de Braga, Nolan, Angle and Neighbors
Joint Sponsor: Senator Amodei
CHAPTER 336
AN ACT relating to traffic laws; prohibiting a person from committing certain acts that constitute aggressive driving; providing in certain circumstances for the suspension or revocation of the drivers license of a person who commits certain acts that constitute aggressive driving; providing penalties; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by specific statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(3) A violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and, except as otherwise provided in subsection 2 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.
κ1999 Statutes of Nevada, Page 1385 (Chapter 336, AB 457)κ
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.37937 or 484.3794, the department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:
(a) For 3 years, if it is his first such offense during the period of required use of the device.
(b) For 5 years, if it is his second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever is applicable.
6. [When] In addition to any other requirements set forth by specific statute, if the department is notified that a court has [:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228,] ordered the revocation, suspension or delay in the issuance of a [childs license;
(b) Pursuant] license pursuant to chapter 62 of NRS, NRS 176.064 or 206.330, [ordered the suspension or delay in the issuance of a persons license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a childs license,] chapter 484 of NRS or any other provision of law, the department shall take such actions as are necessary to carry out the courts order.
7. As used in this section, device has the meaning ascribed to it in NRS 484.3941.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:
(a) Commits one or more acts of speeding in violation of NRS 484.361 or 484.366.
(b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:
(1) Failing to obey an official traffic-control device in violation of NRS 484.278.
κ1999 Statutes of Nevada, Page 1386 (Chapter 336, AB 457)κ
(2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484.297.
(3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484.305.
(4) Following another vehicle too closely in violation of NRS 484.307.
(5) Failing to yield the right of way in violation of any provision of NRS 484.315 to 484.323, inclusive.
(c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.
2. A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is prosecuted or convicted for committing any of the acts described in paragraphs (a) and (b) of subsection 1.
3. A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a misdemeanor. In addition to any other penalty:
(a) For the first offense within 2 years, the court shall order the driver to attend, at his own expense, a course of traffic safety approved by the department and may issue an order suspending the drivers license of the driver for a period of not more than 30 days.
(b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the drivers license of the driver for a period of 1 year.
4. To determine whether the provisions of paragraph (a) or (b) of subsection 3 apply to one or more offenses of aggressive driving, the court shall use the date on which each offense of aggressive driving was committed.
5. If the driver is already the subject of any other order suspending or revoking his drivers license, the court shall order the additional period of suspension or revocation, as appropriate, to apply consecutively with the previous order.
6. If the court issues an order suspending or revoking the drivers license of the driver pursuant to this section, the court shall require the driver to surrender to the court all drivers licenses then held by the driver. The court shall, within 5 days after issuing the order, forward the drivers licenses and a copy of the order to the department.
7. If the driver successfully completes a course of traffic safety ordered pursuant to this section, the department shall cancel three demerit points from his driving record in accordance with NRS 483.475, unless the driver would not otherwise be entitled to have those demerits points canceled pursuant to the provisions of that section.
8. This section does not preclude the suspension or revocation of the drivers license of the driver pursuant to any other provision of law.
Sec. 3. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1387κ
Assembly Bill No. 481Committee on Natural Resources, Agriculture, and Mining
CHAPTER 337
AN ACT relating to agriculture; eliminating the requirement for the registration of apiaries; eliminating the annual fee for colonies of bees; eliminating the requirement for a permit issued by the division of agriculture of the department of business and industry to transport apiaries, bees, hives, combs or other used apiary supplies in this state; eliminating the requirement for a permit issued by the division to import into this state certain bees, used beehives, honeycombs or appliances; eliminating the requirement for the inspection of certain apiaries of queen bees; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 552.085 is hereby amended to read as follows:
552.085 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 552.08505 to [552.0863,] 552.0862, inclusive, have the meanings ascribed to them in those sections.
Sec. 2. NRS 552.0858 is hereby amended to read as follows:
552.0858 Disease means any condition adversely affecting bees, or their brood, which may become epidemic, including [American foulbrood, mites of both the Acarapis woodi and the Varroa jacobsoni species,] , without limitation, bacteria, viruses or invertebrate pests and the presence of undesirable genetic characteristics including those associated with Apis mellifera scutellata or hybrids of this subspecies.
Sec. 3. NRS 552.160 is hereby amended to read as follows:
552.160 1. The division may order the inspection of any or all apiaries and all buildings used in connection with [such] those apiaries in any district or districts of the state annually, or [oftener] more often if deemed necessary, or upon report to it that there is reason to believe that any apiary [or apiaries] may be infected with any disease, or that any honey, honeycombs or beeswax are exposed to robber bees.
2. If [such] the inspection discloses any disease, the division may:
(a) Order the owner or any person in possession of the apiary to destroy the diseased bees, hives and appliances in a manner prescribed by the division and at the expense of the owner;
(b) Order the owner or any person in possession of the apiary to treat the hives and appliances in a manner prescribed by the division and at the expense of the owner [,] if, in the opinion of the inspector, the nuisance can be abated by treatment rather than destruction; or
(c) Proclaim a quarantine in accordance with chapter 554 of NRS.
3. [If inspection discloses the existence of American foulbrood, the] The order for destruction or treatment must require compliance within [not less than 24 hours nor more than 72 hours. Any other order must specify] a reasonable time with reference to the nature of the disease.
κ1999 Statutes of Nevada, Page 1388 (Chapter 337, AB 481)κ
4. If [such] the inspection discloses honey, honeycombs or beeswax exposed to robber bees, the division may order the abatement of [such] the nuisance in a manner appropriate to the circumstances.
5. The order must be served upon the owner or person in possession of the apiary personally or by registered or certified mail, or, if [such] that person cannot be located, by posting the order in a conspicuous place at the apiary.
Sec. 4. NRS 552.212 is hereby amended to read as follows:
552.212 1. A person shall not ship or transport into this state any queens or other bees in screened cages without comb unless the shipment is accompanied by a certificate of an authorized officer of the state of origin certifying that all bees intended for shipment:
(a) Were inspected within 60 days before the date of shipment; and
(b) Were found to be free from disease and pests.
2. The division [shall] may hold a shipment which is not accompanied by the certificate of inspection and notify the person who owns or controls the bees that they will be destroyed after 48 hours [from] after the time of the notice unless a proper certificate of inspection is supplied. If the certificate is not supplied within that time, the bees may be destroyed.
Sec. 5. NRS 552.215 is hereby amended to read as follows:
552.215 When an inspection is requested by any person [for the purpose of obtaining a certificate of inspection for bees or appliances, the applicant for such certificate] to determine the presence of disease or colony strength, the person who requests the inspection shall pay a reasonable fee as prescribed by the division to pay the expenses of the inspection.
Sec. 6. NRS 552.255 is hereby amended to read as follows:
552.255 The following [are hereby] may be declared to be public nuisances and are subject to abatement under the provisions of this chapter:
1. Diseased bees and any apiary in which they are found.
2. Honey, honeycombs and beeswax containing honey which are exposed to robber bees.
Sec. 7. NRS 561.055 is hereby amended to read as follows:
561.055 1. Three members of the board must be actively engaged in range or semirange cattle production, one in dairying, one in general farming, one in general agriculture, one in growing crops which are planted in rows spaced to permit mechanical cultivation, one [in beekeeping, one] in the control of pests, one in the petroleum industry and one in raising nursery stock.
2. [No] Not more than two members may be residents of the same county, and the range or semirange cattle production members must be residents of different counties.
Sec. 8. NRS 552.0857, 552.0863, 552.155, 552.157, 552.200, 552.210, 552.214, 552.220 and 552.270 are hereby repealed.
________
κ1999 Statutes of Nevada, Page 1389κ
Assembly Bill No. 520Committee on Elections, Procedures, and Ethics
CHAPTER 338
AN ACT relating to elections; revising the procedure by which independent candidates and candidates of minor parties qualify to appear on the ballot for the general election; revising certain provisions governing challenges to the registration of a voter; enacting certain provisions governing the reporting of election results; revising the procedure for consolidating precincts and for designating a precinct to be a mailing precinct; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The secretary of state, a board of county commissioners, a county clerk and any other person who prepares an abstract of votes or other report of votes pursuant to this chapter shall not include in that abstract or report a person designated as an inactive voter pursuant to subsection 7 of NRS 293.530 when determining the percentage of voters who have voted or the total number of voters.
Sec. 3. 1. A person who files a written challenge pursuant to NRS 293.547 or an affidavit pursuant to NRS 293.535 may withdraw the challenge or affidavit not later than the 25th day before the date of the election, by submitting a written request to the county clerk. Upon receipt of the request, the county clerk shall:
(a) Remove the challenge or affidavit from the registrar of voters register, any election board register and any other record in which the challenge or affidavit has been filed or entered;
(b) If a notice of the challenge or affidavit has been mailed to the person who is the subject of the challenge or affidavit, mail a notice and a copy of the request to withdraw to that person; and
(c) If a notice of the challenge has been mailed to the district attorney, mail a notice and a copy of the request to withdraw to the district attorney.
2. If the county clerk receives a request to withdraw pursuant to subsection 1, the county clerk shall withdraw the persons challenge or affidavit.
Sec. 4. NRS 293.1715 is hereby amended to read as follows:
293.1715 1. The names of the candidates of a minor political party must not appear on the ballot for a primary election.
2. The names of the candidates of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates pursuant to the provisions of NRS 293.1725 with the secretary of state and:
(a) At the last preceding general election, the minor political party polled for any of its candidates a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;
κ1999 Statutes of Nevada, Page 1390 (Chapter 338, AB 520)κ
(b) On January 1 preceding a primary election, the minor political party has been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in the state; or
(c) Not later than the second Friday in August preceding the general election, files a petition with the secretary of state which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
3. The name of a candidate for a minor political party other than a candidate for the office of President or Vice President of the United States must be placed on the ballot for the general election if the party has filed:
(a) A certificate of existence;
(b) A list of candidates containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the secretary of state; and
(c) Not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third Monday in May, a petition on behalf of the candidate with the secretary of state containing not less than:
(1) Two hundred fifty signatures of registered voters if the candidate is to be nominated for a statewide office; or
(2) One hundred signatures of registered voters if the candidate is to be nominated for any office except a statewide office.
A minor political party that places names of one or more candidates on the ballot pursuant to this subsection may also place the names of one or more candidates on the ballot pursuant to subsection 2.
4. The name of only one candidate of each minor political party for each office may appear on the ballot for a general election.
[4.] 5. A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the secretary of state before the petition may be circulated for signatures.
Sec. 5. NRS 293.172 is hereby amended to read as follows:
293.172 1. A petition filed pursuant to [paragraph (c) of] subsection 2 or 3 of NRS 293.1715 may consist of more than one document. Each document of the petition must:
(a) Bear the name of the [county in which it was circulated;] minor political party and, if applicable, the candidate and office to which the candidate is to be nominated.
(b) Include the affidavit of the person who circulated the document verifying that the signers are registered voters in the state according to his best information and belief and that the signatures are genuine and were signed in his presence . [; and
(c) Be submitted to]
(c) Bear the name of a county and be verified by the county clerk [in the county in which it is circulated for verification] of that county in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, [not later than 40 days before the third Tuesday in August.] before the petition is filed with the secretary of state pursuant to subsection 2 or 3 of NRS 293.1715. A challenge to the form of a [petition filed pursuant to paragraph (c) of subsection 2 of NRS 293.1715] document must be made in a district court in the county [in which the petition was circulated.
κ1999 Statutes of Nevada, Page 1391 (Chapter 338, AB 520)κ
subsection 2 of NRS 293.1715] document must be made in a district court in the county [in which the petition was circulated.
2. A document which bears the name of a county may be] that is named on the document.
(d) Be signed only by registered voters of [that county.] the county that is named on the document.
2. If the office to which the candidate is to be nominated is a county office, only the registered voters of that county may sign the petition. If the office to which the candidate is to be nominated is a district office, only the registered voters of that district may sign the petition.
3. Each person who signs a [document] petition shall also provide the address of the place where he resides, the date that he signs and the name of the county in which he is registered to vote.
4. The county clerk shall not disqualify the signature of a voter who failed to provide all of the information required by [this section] subsection 3 if the voter is registered in the county that is named on the document.
Sec. 6. NRS 293.1725 is hereby amended to read as follows:
293.1725 1. Except as otherwise provided in subsection 4, a minor political party [which] that wishes to place its candidates on the ballot for a general election and:
(a)
Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS
293.1715; [or]
(b)
Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715 [,] ; or
(c) Whose candidates are entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715,
must file with the secretary of state a list of its candidates not earlier than the first Monday in May preceding the election nor later than 5 p.m. on the [last Friday in June.] third Monday in May. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The secretary of state shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list must not be amended after it is filed.
2. The secretary of state shall immediately forward a certified copy of the list of candidates of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
3. Each candidate on the list must file his declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates of his minor political party is filed with the secretary of state nor later than 5 p.m. on the [first Wednesday in July.] third Monday in May.
4. A minor political party
that wishes to place candidates for the offices of President and Vice President
of the United States on the ballot and has [otherwise] qualified to place the names of its
candidates on the ballot for the general election pursuant to [the provisions of this chapter] subsection 2 of NRS 293.1715 must file with the secretary of state a
certificate of nomination for these offices not later than the first Tuesday in
September.
κ1999 Statutes of Nevada, Page 1392 (Chapter 338, AB 520)κ
NRS 293.1715 must file with the secretary of state a certificate of nomination for these offices not later than the first Tuesday in September.
Sec. 7. NRS 293.174 is hereby amended to read as follows:
293.174 1. If the qualification of a minor political party is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the [3rd] third Friday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the [3rd] third Friday in August.
[2. Any such] A challenge pursuant to this subsection must be filed with the first judicial district court if the petition was filed with the secretary of state.
2. If the qualification of a candidate of a minor political party other than a candidate for the office of President or Vice President of the United States is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May. A challenge pursuant to this subsection must be filed with:
(a) The first judicial district court; or
(b) If a candidate who filed a declaration of candidacy with a county clerk is challenged, the district court for the county where the declaration of candidacy was filed.
Sec. 8. NRS 293.175 is hereby amended to read as follows:
293.175 1. The primary election must be held on the first Tuesday of September in each even-numbered year.
2. Candidates of a major political party and candidates for nonpartisan offices must be nominated at the primary election.
3. Candidates of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 [.] to 293.174, inclusive.
4. Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply to:
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
Sec. 9. NRS 293.200 is hereby amended to read as follows:
293.200 1. An independent candidate for partisan office must file with the proper filing officer:
(a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed before the petition may be circulated.
(b) Either of the following:
(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in the state or in the county or district electing that officer at the last preceding general election in which a person was elected to that office.
(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.
κ1999 Statutes of Nevada, Page 1393 (Chapter 338, AB 520)κ
voters if the candidate is a candidate for any office other than a statewide office.
2. The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated and only registered voters of that county may sign the document. The person who circulates the document must be a registered voter of that county. If the office is a district office, only the registered voters of that district may sign the document. The documents [which] that are circulated for signature in a county must be [submitted to] verified by that county clerk [for verification] in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, [not later than 40 days before filing the petition of candidacy with the proper filing officer.] before the petition is filed pursuant to subsection 4. Each signer shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any, which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third [Tuesday in August.] Monday in May.
5. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6. A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.
7. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth [Tuesday in August.] Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth [Tuesday in August.] Monday in May.
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The first judicial district court if the petition of candidacy was filed with the secretary of state.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is held nor later than 5 p.m. [of the first Wednesday in July.] on the third Monday in May.
κ1999 Statutes of Nevada, Page 1394 (Chapter 338, AB 520)κ
Sec. 10. NRS 293.207 is hereby amended to read as follows:
293.207 1. Election precincts must be established on the basis of the number of registered voters therein, with a maximum of 600 registered voters per precinct in those precincts in which paper ballots are used, or a maximum of 1,500 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts in which a mechanical voting system is used.
2. [The] Except as otherwise provided in subsections 3 and 4, the county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.
3. If a county clerk proposes to consolidate two or more contiguous election precincts, in whole or in part, pursuant to subsection 2, the county clerk shall, at least 14 days before consolidating the precincts, cause notice of the proposed consolidation to be:
(a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and
(b) Mailed to each assemblyman, state senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the consolidation.
4. A person may file a written objection to the proposed consolidation with the county clerk. The county clerk shall consider each written objection filed pursuant to this subsection before consolidating the precincts.
Sec. 11. NRS 293.213 is hereby amended to read as follows:
293.213 1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish [such] that precinct as a mailing precinct, and shall forthwith mail notification to the field registrar for [such] that precinct.
2. Except as otherwise provided [by] in NRS 293.208, the county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine those mailing precincts into absent ballot precincts . [and those] Those mailing precincts must be designated absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered voters, may be designated an absent ballot mailing precinct.
4. The county clerk shall, at least 14 days before establishing or designating a precinct as a mailing precinct or absent ballot mailing precinct or before abolishing a mailing precinct pursuant to this section, cause notice of such action to be:
(a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and
(b) Mailed to each assemblyman, state senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the action.
κ1999 Statutes of Nevada, Page 1395 (Chapter 338, AB 520)κ
Sec. 12. NRS 293.547 is hereby amended to read as follows:
293.547 1. After the 30th day but not later than the [15th] 25th day before any election, a written challenge may be filed with the county clerk.
2. A registered voter may file a written challenge if:
(a) He is registered to vote in the same precinct or district as the person whose right to vote is challenged; or
(b) The challenge is based on the personal knowledge of the registered voter.
3. The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.
4. A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.
5. The county clerk shall [file] :
(a) File the challenge in the registrar of voters register and:
[(a)] (1) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.
[(b)] (2) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.
[6. The county clerk shall, within]
(b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel his registration. A copy of the challenge and information describing how to reregister properly must accompany the notice.
(c) Immediately notify the district attorney. A copy of the challenge must accompany the notice.
6. Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.
Sec. 13. Chapter 293C of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of a city, a city clerk and any other person who prepares an abstract of votes or other report of votes pursuant to this chapter shall not include in that abstract or report a person designated as an inactive voter pursuant to subsection 7 of NRS 293.530 when determining the percentage of voters who have voted or the total number of voters.
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κ1999 Statutes of Nevada, Page 1396κ
Assembly Bill No. 517Assemblymen Freeman, Gibbons, Arberry, Giunchigliani, Williams and Parks
CHAPTER 339
AN ACT relating to adult persons; revising provisions concerning their guardianship; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. If an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel, at any stage of a proceeding for guardianship and whether or not he lacks or appears to lack capacity, the court shall, at or before the time of the next hearing, appoint an attorney who works for legal aid services, if available, or a private attorney to represent him. The attorneys fees must be paid from the estate of the ward or proposed ward to the extent possible.
Sec. 3. 1. The guardian may retain assets for the anticipated expense of the wards funeral and the disposal of his remains. Of the amount so retained, $1,500 is exempt from all claims, including those of this state.
2. The guardian may place assets so retained in a pooled account or trust. If the assets are invested in a savings account or other financial account, they are not subject to disposition as unclaimed property during the lifetime of the ward.
3. Assets so retained may be disbursed for the wards funeral or the disposal of his remains without prior authorization of the court. An amount not so disbursed becomes part of the wards estate.
Sec. 4. NRS 159.019 is hereby amended to read as follows:
159.019 Incompetent [includes any] means an adult person who, by reason of mental illness, mental deficiency, [advanced age,] disease, weakness of mind or any other cause, is unable, without assistance, properly to manage and take care of himself or his property.
Sec. 5. NRS 159.022 is hereby amended to read as follows:
159.022 A person is of limited capacity if he is able to make independently some but not all of the decisions necessary for his own care and the management of his property [.] and has attained the age of majority.
Sec. 6. NRS 159.044 is hereby amended to read as follows:
159.044 1. Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.
2. The petition must state:
(a) The name and address of the petitioner.
(b) The name, age and address of the proposed ward. If he is a minor, the date on which he will attain the age of majority and whether he will need guardianship after attaining the age of majority.
(c) Whether the proposed ward is a resident or nonresident of this state.
κ1999 Statutes of Nevada, Page 1397 (Chapter 339, AB 517)κ
(d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree.
(e) The name and address of the proposed guardian.
(f) That the proposed guardian has never been convicted of a felony.
(g) A summary of the reasons why a guardian is needed.
(h) Whether the appointment of a general or a special guardian is sought.
(i) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
(j) The name and address of any person or institution having the care, custody or control of the proposed ward.
(k) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.
(l) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.
(m) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides protective services. As used in this paragraph, agency which provides protective services has the meaning ascribed to it in NRS 432B.030.
Sec. 7. NRS 159.047 is hereby amended to read as follows:
159.047 1. Except as otherwise provided in NRS 159.0475, 159.049 and 159.052, the court, upon the filing of a petition under NRS 159.044, shall direct the clerk to issue a citation setting forth a time and place for the hearing and directing the persons or institutions referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.
2. A citation issued under subsection 1 must be served:
(a) If the proposed ward is an incompetent [:] or a person of limited capacity:
(1) Upon the spouse and adult children of the incompetent or person of limited capacity who are known to exist, or, if there are none, upon any parent, brother or sister of the incompetent or person of limited capacity;
(2) Upon any person or officer of an institution having the care, custody or control of the incompetent or person of limited capacity; and
(3) Upon the incompetent or person of limited capacity.
(b) If the proposed ward is a minor:
(1) Upon the parents of the minor;
(2) Upon any person or officer of an institution having care, custody or control of the minor; and
(3) If the minor is 14 years of age or older, upon the minor.
Sec. 8. NRS 159.052 is hereby amended to read as follows:
159.052 1. A petitioner may request the court to appoint a temporary guardian. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
κ1999 Statutes of Nevada, Page 1398 (Chapter 339, AB 517)κ
(1) Faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention; and
(2) Lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047; [or]
(2) The proposed ward would be exposed to an immediate risk of financial loss or physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian [.] ; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. If the court:
(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention; and
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1,
the court may appoint a temporary guardian to serve for 10 days. The court shall limit the temporary guardians powers to those necessary to assist in the emergency.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall [make a good faith effort] attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.
4.
If, before the appointment of a temporary guardian, the court determined that
advance notice was not required pursuant to subparagraph (2) of paragraph (b)
of subsection 1, the petitioner shall notify the persons entitled to notice
pursuant to NRS 159.047 without
undue delay, but not later than [24] 48 hours after the appointment of the
temporary guardian [.] or not later than 48 hours after he discovers the
existence, identity and location of the persons entitled to notice pursuant to
that section. If the petitioner fails to provide such notice, the
court may terminate the temporary guardianship.
5. Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 6, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. The court shall limit the temporary guardians powers to those necessary to assist in the emergency.
κ1999 Statutes of Nevada, Page 1399 (Chapter 339, AB 517)κ
6. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.
Sec. 9. NRS 159.059 is hereby amended to read as follows:
159.059 Any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who [is:
1. An] :
1. Is an incompetent.
2. [A] Is a minor.
3. [A person who has] Has been convicted of a felony.
4. [A person] Has been suspended for misconduct or disbarred from the practice of law during the period of the suspension or disbarment.
5. [A] Is a nonresident of this state [who] and has not:
(a) Associated as a coguardian, a resident of this state or a banking corporation whose principal place of business is in this state; and
(b) Caused the appointment to be filed in the guardianship proceeding.
6. Has been judicially determined, by clear and convincing evidence, to have committed abuse, neglect or exploitation of a child, spouse, parent or other adult.
Sec. 10. NRS 159.073 is hereby amended to read as follows:
159.073 Every guardian shall, before entering upon his duties as guardian and before letters of guardianship may issue, take and subscribe the official oath and file in the [guardianship] proceeding his name, residence and post office address. [Such] The oath, to be endorsed on the letters of guardianship, [shall state that:
1. The guardian] must state that he will well and faithfully perform the duties of guardian according to law . [;
2. All matters stated in any petition or paper filed with the court are true of his own knowledge, except as to matters stated on information and belief; and
3. As to matters stated on information and belief, he believes them to be true.]
Sec. 11. NRS 159.079 is hereby amended to read as follows:
159.079 1. Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the ward, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the ward, including [but not limited to] the following:
(a) Supplying the ward with food, clothing, shelter and all incidental necessaries.
(b) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward.
(c) Seeing that the ward is properly trained and educated and that he has the opportunity to learn a trade, occupation or profession.
κ1999 Statutes of Nevada, Page 1400 (Chapter 339, AB 517)κ
2. In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard [shall] must be given to the extent of the estate of the ward. A guardian of the person is not required to incur expenses on behalf of the ward except to the extent that the estate of the ward is sufficient to reimburse the guardian. [Nothing contained in this section shall be deemed to] This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.
Sec. 12. NRS 159.0805 is hereby amended to read as follows:
159.0805 A guardian shall not consent to experimental medical , biomedical or behavioral treatment , or sterilization of a ward , or to the wards participation in any biomedical or behavioral experiment, unless he is specifically empowered to do so by the court. The court may authorize experimental treatment or participation only if:
1. It is of direct benefit to, and intended to preserve the life or prevent serious impairment to the mental or physical health of, the ward; or
2. It is intended to assist the ward to develop or regain his abilities.
Sec. 13. NRS 159.085 is hereby amended to read as follows:
159.085 1. Within 60 days after the date of his appointment, or, if necessary, such further time as the court may allow, a guardian of the estate shall make and file in the guardianship proceeding a verified inventory of all the property of the ward which comes to his possession or knowledge.
2. Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, he shall make and file in the [guardianship] proceeding a verified supplemental inventory within 30 days after the property comes to his possession or knowledge or include the property in his next accounting. The court may order which of the two methods the guardian shall follow.
3. The court may order all or any part of the property of the ward appraised as provided in NRS 144.020, 144.025, 144.030, 144.070 and 144.090.
Sec. 14. NRS 159.189 is hereby amended to read as follows:
159.189 [Where,] If, at the time of the appointment of the guardian or thereafter, the estate of a ward consists of personal property having a value not exceeding by more than [$1,000] $5,000 the aggregate amount of unpaid expenses of administration of the guardianship estate and claims against the estate, the guardian of the estate, with prior approval of the court by order, may pay [such] those expenses and claims from the estate and deliver all the remaining personal property to such person as the court may designate in the order, to be held, invested or used as ordered by the court. The recipient of the property so delivered shall give a receipt therefor to the guardian. The receipt is a release and acquittance to the guardian as to the property so delivered. The guardian shall file in the [guardianship] proceeding proper receipts or other evidence satisfactory to the court showing [such] the delivery, and the guardian [shall be] is released from his trust and his bond exonerated.
κ1999 Statutes of Nevada, Page 1401 (Chapter 339, AB 517)κ
Sec. 15. NRS 159.1905 is hereby amended to read as follows:
159.1905 A ward [or other] , the guardian or another person may petition the court for the termination or modification of a guardianship. [Upon the filing of the petition, the court may appoint an attorney to represent the ward if he is unable to retain one and the court determines that the appointment is necessary to protect his interests.] The petition must state or contain:
1. The name and address of the petitioner.
2. The name, age and address of the ward, if the ward is not the petitioner, or the date of death of the ward if the ward is deceased.
3. The name and address of the guardian, if the guardian is not the petitioner.
4. The reason for termination or modification.
5. A general description and the value of the remaining property of the ward and the proposed disposition of that property.
Sec. 16. NRS 159.191 is hereby amended to read as follows:
159.191 A guardianship is terminated:
1. If for a minor, when [the minor] he reaches the age of majority according to the law of [such minors] his domicile;
2. By the death of the ward; [or]
3. Upon the wards change of domicile to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile; or
4. Upon order of the court, if the court determines that the guardianship no longer is necessary. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate or the person and estate.
Sec. 17. NRS 159.201 is hereby amended to read as follows:
159.201 If at any time during the course of the [guardianship] proceedings it appears to the court that, after payment of all claims and expenses of the guardianship the value of the wards property does not exceed [$3,000,] $5,000, the court may:
1. Authorize the guardian of the estate or special guardian who is authorized to manage the wards property to convert the property to cash [or marketable stocks and bonds] and sell any of the property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit [such cash] the money in savings accounts or invest it as provided in NRS 159.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the ward. The court may dispense with annual accountings and all other proceedings required by this chapter . [if the investment fund is held intact to be distributed to the ward upon removal of his legal disability.]
2. If the ward is a minor, terminate the guardianship of the estate and direct the guardian to deliver the wards property to the [father or mother] parent, guardian or custodian of the minor to hold, invest or use as the court may order.
________
κ1999 Statutes of Nevada, Page 1402κ
Assembly Bill No. 528Assemblymen Neighbors and Dini
Joint Sponsor: Senator McGinness
CHAPTER 340
AN ACT relating to local economic benefit; authorizing the creation of nonprofit regional development corporations by local governments in the area adjacent to the Nevada Test Site; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds as facts that:
1. The reduction of federal activity at the Nevada Test Site has affected the surrounding region in a manner and to a degree different from the effects occurring elsewhere in the state, by eliminating employment and otherwise diminishing the financial stability and economic vitality of the communities in the region.
2. The affected communities, if they are to survive, must diversify their economies by attracting new enterprises and rehabilitating existing enterprises.
3. Existing general requirements pertaining to the management of public property make the cooperative use of public property and resources for that diversification and rehabilitation impractical.
4. Cooperative use of public and private resources has shown itself in other states to be effective in economic diversification and rehabilitation.
5. The Nevada Test Site Development Corporation has been organized as a Nevada corporation not for profit under section 3161 of the National Defense Authorization Act of 1993, Public Law 102-484, to facilitate economic development in the affected region.
6. A general law cannot be made applicable for the reasons explained in the preceding subsections to enable the full cooperative use of public and private resources to achieve the desired economic diversification and rehabilitation of this region.
Sec. 2. As used in this act, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Affected community means:
1. Esmeralda, Lincoln and Nye Counties and any city or unincorporated town therein; and
2. The town of Indian Springs in Clark County.
Sec. 4. Eligible, with respect to an economic development organization not for profit, means an association or corporation recognized and operating as:
1. A reuse organization pursuant to the provisions of section 3161 of the National Defense Authorization Act of 1993, Public Law 102-484;
2. An economic development district pursuant to the provisions of the Public Works and Economic Development Act of 1965, Public Law 89-136; or
κ1999 Statutes of Nevada, Page 1403 (Chapter 340, AB 528)κ
3. A local redevelopment authority pursuant to the provisions of the Base Closure Community Redevelopment and Homeless Assistance Act of 1994, Public Law 103-421,
and having sufficient financial resources, fiscal responsibility and powers to propose, plan, and carry out substantial projects of economic development.
Sec. 5. Population has the meaning ascribed to it in NRS 0.050.
Sec. 6. Regional development corporation means a corporation for public benefit organized in this state pursuant to this act and chapter 82 of NRS.
Sec. 7. 1. One or more affected communities, together with the Nevada Test Site Development Corporation or another eligible economic development organization not for profit, may form a regional development corporation to ensure the continuing economic and social viability and vitality of the affected community.
2. The governing body of each affected community that desires to participate in forming such a corporation must first enact an ordinance containing:
(a) Findings that:
(1) The economy of its territory needs revitalization, diversification or stabilization, or any combination of these;
(2) The corporation will assist in satisfying those needs, in accordance with a general plan for economic development then in force;
(3) The general welfare of its residents will be best served by organizing the corporation; and
(4) The governing body has reviewed the qualifications of the economic development organization not for profit with which it intends to organize the corporation, and has found that organization to be eligible.
(b) The organization and composition of the corporation and the powers to be delegated to it.
(c) The intended duration of the agreement under which the corporation will be formed.
(d) The proposed method of financing the undertaking and providing a budget for the corporation.
(e) The proposed method of acquiring, holding and disposing of real and personal property for the undertaking, and the method by which the affected community may furnish to or exchange with the corporation personnel, property or facilities.
(f) The authorized use of any gain from the operation of the corporation.
(g) The method for terminating the agreement and the corporation in whole or in part and for disposing of property and other assets upon termination.
Sec. 8. A regional development corporation must be formed in the manner provided in NRS 82.081 to 82.116, inclusive. Except to the extent superseded, enlarged or otherwise changed in application by this act, the provisions of chapter 82 of NRS apply to such a corporation.
Sec. 9. In addition to the matters required by chapter 82 of NRS, the articles of incorporation of a regional development corporation must contain:
1. In the name of the corporation, the words a regional development corporation or the initials RDC;
κ1999 Statutes of Nevada, Page 1404 (Chapter 340, AB 528)κ
2. The name and post office box or street address of each affected community, and of the eligible economic development organization not for profit, which are the incorporators;
3. The names of the members of the board of directors;
4. The purposes for which the corporation is organized;
5. A statement that the corporation may, except as otherwise provided in subsection 2 of section 11 of this act, engage in any lawful activity reasonably related to its purposes, and any desired limitation upon that power; and
6. An authorization of or prohibition against reconveyance to a member of the corporation of real or personal property contributed by the member, and any desired restriction upon reconveyance.
Sec. 10. 1. The number of members of the board of directors of a regional development corporation must be an odd number, not more than 11, that is equal to the number of incorporating members or a multiple of the number of incorporating members plus one or two members elected pursuant to subsection 3.
2. The governing body of each affected community which joined in organizing the corporation shall appoint at least one member to the board of directors and may agree to appoint an equal number of additional members, not to exceed the sum of 11 when combined with the member or members elected pursuant to subsection 3.
3. The appointed members shall by a two-thirds vote elect one or two additional members.
Sec. 11. 1. Except as otherwise provided in subsection 2, the purposes for which a regional development corporation is organized must be to:
(a) Assist, promote, encourage, develop and advance the economic welfare of the affected communities in accordance with their general plans for economic development;
(b) Facilitate and assist in the location of new business in the affected communities, and to rehabilitate and revitalize existing business;
(c) Stimulate and assist in the expansion of activity that will tend to promote the development and diversification of business resulting in the economic stability of the affected communities;
(d) Provide new opportunities for employment in the affected communities; and
(e) Cooperate and act in conjunction with governmental agencies and public or private organizations whose objectives are the support and advancement of commercial, industrial, agricultural or recreational activity that would advance the economic welfare of the affected communities, promote economic diversification, and effectuate their plans for economic development.
2. A regional development corporation must not be organized for the purpose of engaging in any activity which promotes, facilitates or otherwise relates to the transportation, disposal or storage of high-level radioactive waste.
Sec. 12. 1. Each affected community and eligible economic development organization not for profit which joins in the organization of a regional development corporation is a member of the corporation.
κ1999 Statutes of Nevada, Page 1405 (Chapter 340, AB 528)κ
2. After the formation of a regional development corporation, other affected communities, eligible economic development organizations not for profit, quasi-public agencies, including economic development authorities formed by interlocal agreement, corporations whether or not for profit, other business associations, or natural persons may request membership in, and if accepted become members of, the regional development corporation. A member so admitted may not appoint a member of the board of directors.
3. The articles of incorporation or bylaws of the regional development corporation must establish:
(a) Criteria or procedures for admission, but may not dispense with contribution of assets, personnel or services to the corporation; and
(b) The scope of participation for admitted members, which may vary according to the nature of the admitted member.
4. An admitted member may be expelled or suspended, or the membership terminated, in accordance with the provisions of NRS 82.251. If a member is admitted for a fixed term, the membership expires at the end of the term.
5. If the board of directors determines that the actions of an incorporator require its expulsion or the termination of its membership, the regional development corporation must be dissolved in the manner provided in NRS 82.491 to 82.521, inclusive, for involuntary dissolution.
Sec. 13. 1. An affected community that is an incorporator of a regional development corporation may furnish or exchange personnel, equipment, property or facilities to or with the corporation, and commit itself to the payment of money for the formation and operation of the corporation, to the extent provided in the ordinance adopted pursuant to section 7 of this act.
2. After the organization of a regional development corporation, an incorporator or admitted member may contribute by conveying any land, improvements, facilities and public works, or by providing personnel or professional services, to the corporation which its governing body deems necessary or desirable, without charge or competitive disposal. In dividing the assets of a regional development corporation upon dissolution, each member must be credited for the value of all contributions.
3. Contributions of real property may be made on the condition that upon dissolution of the corporation, if the contributed real property is still held by the corporation, it will be reconveyed to the contributor, but such a condition is not effective if, because of subsequent development of the property or for any other reason, reconveyance would result in an unfair division of assets among the members.
4. Reconveyance of real property or return of personal property to a member is not a distribution of gain or profit to the member for the purposes of NRS 82.136.
Sec. 14. In a civil action brought against an officer, employee, director or agent of a regional development corporation based on an act or omission related to his duty or employment, the corporation shall provide or reimburse the costs of his defense and indemnify him if a judgment is rendered against him, unless:
1. He failed to cooperate in good faith in the defense of the action;
κ1999 Statutes of Nevada, Page 1406 (Chapter 340, AB 528)κ
2. The act or omission was not within the scope of his duty to or employment with the corporation; or
3. The act or omission was wanton or malicious.
Sec. 15. A regional development corporation shall not engage in any activity which promotes, facilities or otherwise relates to the transportation, disposal or storage of high-level radioactive waste.
Sec. 16. This act becomes effective upon passage and approval.
________
Assembly Bill No. 539Committee on Government Affairs
CHAPTER 341
AN ACT relating to the charter of Carson City; providing for a charter committee; increasing the salary of the mayor; revising the restriction on certain city officials engaging in any other business or occupation; making various other changes to the city charter; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended by adding thereto new sections to be designated as sections 1.080, 1.090 and 1.100, respectively, immediately following section 1.070, to read as follows:
Sec. 1.080 Charter committee: Nomination; appointment; terms; qualifications; compensation.
1. The candidates for membership on the charter committee must be nominated as follows:
(a) Each supervisor shall nominate at least one candidate; and
(b) Each member of the senate and assembly delegation representing the residents of the city shall nominate at least one candidate.
2. The board shall:
(a) Determine the appropriate number of members of the charter committee from the candidates nominated; and
(b) Appoint the members of the charter committee.
3. Each member of the charter committee must:
(a) Be a registered voter in Carson City;
(b) Serve a term concurrent to the term of the public officer by whom he was nominated;
(c) Reside in Carson City during his term of office; and
(d) Serve without compensation.
Sec. 1.090 Charter committee: Meetings; duties. The charter committee shall:
1. Elect a chairman from among its members who shall serve for a term of 1 year;
κ1999 Statutes of Nevada, Page 1407 (Chapter 341, AB 539)κ
2. Meet at least once every 2 years before the beginning of each regular session of the legislature and when requested by the board or the chairman of the committee;
3. Advise the board with regard to the recommendations of the committee concerning necessary amendments to this charter; and
4. Assist the board in the timely preparation of such amendments for presentation to the legislature on behalf of the city.
Sec. 1.100 Charter committee: Removal; vacancies.
1. A member of the charter committee may be removed by the board for:
(a) Missing three consecutive regular meetings; or
(b) Other good cause.
2. The board shall fill any vacancy that occurs on the charter committee for the unexpired term.
Sec. 2. Section 2.180 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 425, Statutes of Nevada 1983, at page 1059, is hereby amended to read as follows:
Sec. 2.180 Power of board: Animals and poultry. The board may:
1. Fix, impose and collect an annual per capita tax on all dogs and provide for the capture and disposal of all dogs on which the tax is not paid.
2. Regulate or prohibit the running at large within Carson City of all kinds of animals and poultry, establish a pound, appoint a poundkeeper and prescribe his duties, distrain and impound animals and poultry running at large, and provide for the [sale or other] disposition of such animals and poultry. The proceeds arising from the [sale] disposition of such animals and poultry , after the payment of all costs, must be deposited in the treasury to be disposed of according to law.
3. Prohibit cruelty to animals.
Sec. 3. Section 3.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 476, is hereby amended to read as follows:
Sec. 3.010 Mayor: Duties [.] ; salary.
1. The mayor:
(a) Shall serve as a member of the board and preside over its meetings.
(b) Is the head of the government of Carson City for all ceremonial purposes and for purposes of military law.
(c) Shall perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.
(d) Shall perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor or to the chairman of a board of county commissioners.
2. The mayor [shall receive $600 in addition to the annual salary provided] is entitled to an annual salary of 130 percent of the amount specified in NRS 245.043.
κ1999 Statutes of Nevada, Page 1408 (Chapter 341, AB 539)κ
Sec. 4. Section 3.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 118, Statutes of Nevada 1985, at page 476, is hereby amended to read as follows:
Sec. 3.020 Manager: Appointment; duties [.] ; salary.
1. The board may appoint a manager who is the chief administrative officer of the city. He is responsible for carrying out the policy of the board. His duties and salary must be fixed by the board.
2. The manager may appoint such clerical personnel and create such administrative [assistants] positions as he considers necessary, subject to the review and approval of the board.
Sec. 5. Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 23, Statutes of Nevada 1987, at page 56, is hereby amended to read as follows:
Sec. 3.030 Clerk: Duties; salary.
1. The provisions of chapter 246 of NRS apply to the office of clerk, except that all deputy clerks other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The clerk shall:
(a) Keep the corporate seal and all books and papers belonging to Carson City.
(b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval of the journal at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.
(c) Enter in the journal the results of the vote of the board upon the passage of ordinances or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.
(d) Act as ex officio recorder. The provisions of chapter 247 of NRS apply to the clerk while acting in that capacity, except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the merit personnel system.
(e) Serve as public administrator without additional salary. The provisions of chapter 253 of NRS apply to the office of clerk while performing the duties of public administrator.
(f) Perform such other duties as may be required by [the board or by the] :
(1) The board; or
(2) The provisions of Nevada Revised Statutes ,
which apply to [a county clerk.] county clerks.
3. The clerk is entitled to an annual salary in the amount specified in NRS 245.043. The clerk shall not engage in any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
κ1999 Statutes of Nevada, Page 1409 (Chapter 341, AB 539)κ
Sec. 6. Section 3.045 of the charter of Carson City, being chapter 23, Statutes of Nevada 1987, as amended by chapter 535, Statutes of Nevada 1993, at page 2240, is hereby amended to read as follows:
Sec. 3.045 Treasurer: Duties; salary.
1. The provisions of chapter 249 of NRS apply to the office of treasurer, except that all deputy treasurers other than the two [deputy treasurers] provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The treasurer shall:
(a) Invest all surplus money of Carson City.
(b) Keep a record of the cash balance and reconcile it with the controllers records monthly.
(c) Perform such other duties as may be required by [the board or by the] :
(1) The board; or
(2) The provisions of Nevada Revised Statutes ,
which apply to county treasurers.
(d) Establish and maintain a policy for the investment of the surplus money of Carson City. The board of supervisors shall review the policy at least once each year at a public hearing at which public comment is accepted.
3. The treasurer is entitled to an annual salary in the amount specified in NRS 245.043 . [, and] The treasurer shall not engage in any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
Sec. 7. Section 3.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1861, is hereby amended to read as follows:
Sec. 3.050 Assessor: Duties; salary.
1. The provisions of chapter 250 of NRS apply to the office of assessor, except that all deputy assessors other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The assessor shall perform such other duties as may be [imposed by the board, or by] required by:
(a) The board; or
(b) The provisions of Nevada Revised Statutes ,
which apply to county assessors.
3. The assessor is entitled to an annual salary in the amount specified in NRS 245.043. The assessor shall not engage in any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
κ1999 Statutes of Nevada, Page 1410 (Chapter 341, AB 539)κ
Sec. 8. Section 3.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1861, is hereby amended to read as follows:
Sec. 3.060 Sheriff: Duties; salary.
1. The provisions of chapter 248 of NRS apply to the office of sheriff, except that all deputy sheriffs except the five described in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The sheriff shall:
(a) Diligently enforce all ordinances of Carson City.
(b) Perform such other duties as may be [imposed by the board, or by] required by:
(1) The board; or
(2) The provisions of Nevada Revised Statutes ,
which apply to county sheriffs.
3. The sheriff [shall not be] is not answerable upon his official bond for the conduct of deputies appointed [under] pursuant to the provisions of this charter, but the board may require of such deputies such bonds as it may deem proper.
4. The sheriff is entitled to an annual salary in the amount specified in NRS 245.043. The sheriff shall not engage in any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
Sec. 9. Section 3.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 58, Statutes of Nevada 1981, at page 152, is hereby amended to read as follows:
Sec. 3.070 District attorney: Duties; salary.
1. The provisions of chapter 252 of NRS apply to the office of district attorney for Carson City but:
(a) All deputy district attorneys serve at the pleasure of the district attorney; and
(b) Deputy district attorneys shall not engage in the private practice of law after July 1, 1979.
2. The district attorney shall perform such other duties as may be [imposed by the board or by] required by:
(a) The board; or
(b) The provisions of Nevada Revised Statutes ,
which apply to county district attorneys.
3. The district attorney may, subject to the approval of the board, contract for the services of special deputy district attorneys.
4. The district attorney is entitled to an annual salary in the amount specified in NRS 245.043.
5. The district attorney shall not engage in the private practice of law or any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
κ1999 Statutes of Nevada, Page 1411 (Chapter 341, AB 539)κ
Sec. 10. 1. This section and sections 1, 2, and 4 to 9, inclusive, of this act become effective on October 1, 1999.
2. Section 3 of this act becomes effective on January 1, 2001.
________
Assembly Bill No. 543Committee on Judiciary
CHAPTER 342
AN ACT relating to firearms; providing that certain lawsuits against a manufacturer or dealer of firearms or ammunition or a trade association related to firearms or ammunition by a governmental entity may be brought only by the State of Nevada; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 12 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the State of Nevada is the only governmental entity in this state that may commence a lawsuit against a manufacturer or distributor of a firearm or ammunition or a trade association related to firearms or ammunition for damages, abatement or injunctive relief resulting from or relating to the lawful design or manufacture of a firearm or ammunition or the marketing or sale of a firearm or ammunition to the public.
2. The provisions of this section do not prohibit a county, city, local government or other political subdivision of this state or an agency thereof from commencing a lawsuit against a manufacturer or distributor of a firearm or ammunition for breach of contract or warranty concerning a firearm or ammunition purchased by the county, city, local government or other political subdivision of this state or agency thereof.
Sec. 2. The amendatory provisions of this act apply to a lawsuit that is commenced on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1412κ
Assembly Bill No. 583Committee on Judiciary
CHAPTER 343
AN ACT relating to gaming; revising the public policy of this state concerning gaming to clarify that it applies to gaming establishments which hold restricted or nonrestricted licenses; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.0129 is hereby amended to read as follows:
463.0129 1. The legislature hereby finds, and declares to be the public policy of this state, that:
(a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.
(b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming and the manufacture, sale and distribution of gaming devices and associated equipment are conducted honestly and competitively, that establishments which hold restricted and nonrestricted licenses where gaming is conducted and where gambling devices are operated do not unduly impact the quality of life enjoyed by residents of the surrounding neighborhoods, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments, the manufacture, sale or distribution of gaming devices and associated equipment and the operation of inter-casino linked systems.
(d) All establishments where gaming is conducted and where gaming devices are operated, and manufacturers, sellers and distributors of certain gaming devices and equipment, and operators of inter-casino linked systems must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.
(e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the legislature.
2. No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
3. This section does not:
κ1999 Statutes of Nevada, Page 1413 (Chapter 343, AB 583)κ
(a) Abrogate or abridge any common law right of a gaming establishment to exclude any person from gaming activities or eject any person from the premises of the establishment for any reason; or
(b) Prohibit a licensee from establishing minimum wagers for any gambling game or slot machine.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 590Committee on Government Affairs
CHAPTER 344
AN ACT relating to the City of North Las Vegas; revising the provisions of the North Las Vegas City Charter regarding the election of city councilmen; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at 1210, is hereby amended by adding thereto a new section to be designated as section 1.045, immediately following section 1.040, to read as follows:
Sec. 1.045 Wards: Creation; Boundaries.
1. The city must be divided into four wards which must be as nearly equal in population as practicable, and each of which must be composed entirely of contiguous territory.
2. The boundaries of the wards must be established and changed by ordinance. Except as otherwise provided in subsection 3, the boundaries of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent.
3. The boundaries of the wards must not be changed, except to accommodate an annexation of territory to the city, during the period beginning 30 days immediately preceding the last day for filing a declaration of candidacy for a municipal election and ending on the date of the election.
Sec. 2. Section 2.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as follows:
Sec. 2.010 City council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of four councilmen and a mayor.
2.
The mayor [and councilmen]
must be:
κ1999 Statutes of Nevada, Page 1414 (Chapter 344, AB 590)κ
(a) [Bona fide residents] A bona fide resident of the city for at least 6 months immediately preceding [their election.
(b) Qualified electors] his election.
(b) A qualified elector within the city.
3. Each councilman:
(a) Must be a qualified elector who has resided in the ward which he represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for his office.
(b) Must continue to live in the ward he represents, except that changes in ward boundaries made pursuant to section 1.045 of this charter will not affect the right of any elected councilman to continue in office for the term for which he was elected.
4. At the time of filing,
if so required by an ordinance duly enacted, candidates for the office of mayor
and councilman shall produce evidence in satisfaction of any or all of the
qualifications provided in subsection 2 [.
4.] or 3, whichever is applicable.
5. All councilmen, including the mayor, must be voted upon by the registered voters of the city at large, and their terms of office are 4 years.
[5.] 6. The mayor and councilmen are entitled to receive a salary in an amount fixed by the city council.
Sec. 3. Section 5.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections; declaration of candidacy.
1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents. The seats for city councilmen must be designated by the numbers one through four which number must correspond with the wards the candidates for city councilmen will seek to represent the office of city councilman shall include in his declaration of candidacy the number of the ward which he seeks to represent. Each candidate for city council must be designated as a candidate for the city council seat that corresponds with the ward that he seeks to represent.
2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or [five or more candidates for the office of councilman,] for a particular city council seat, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election.
3. Except as otherwise provided in [subsections 4 and 5,] subsection 4, after the primary election, the names of the two candidates for mayor , [and] municipal judge and [the names of the four candidates for city councilman] each city council seat who receive the highest number of votes must be placed on the ballot for the general election.
κ1999 Statutes of Nevada, Page 1415 (Chapter 344, AB 590)κ
receive the highest number of votes must be placed on the ballot for the general election.
4. If one of the candidates for mayor , [or] municipal judge or a city council seat receives a majority of the total votes cast for that office in the primary election, he shall be declared elected to office and his name must not appear on the ballot for the general election.
[5. If a candidate for city council receives votes equal to a majority of voters casting ballots in the primary election:
(a) He shall be declared elected to one of the open seats on the city council and his name must not appear on the ballot for the general election.
(b) Unless all the open seats were filled pursuant to paragraph (a), the names of those candidates who received the highest number of votes but did not receive a number of votes equal to a majority of the voters casting ballots in the primary election, not to exceed twice the number of candidates remaining to be elected, must be placed on the ballot for the general election.]
Sec. 4. The city council shall, on or before January 1, 2000, establish the boundaries of the wards pursuant to the amendatory provisions of section 1 of this act. The amendatory provisions of sections 2 and 3 of this act apply initially to the candidates for city council seats in the municipal election held in 2001.
________
Assembly Bill No. 591Committee on Government Affairs
CHAPTER 345
AN ACT relating to state purchasing; requiring the chief of the purchasing division of the department of administration to assess fees for the use of the procurement and inventory services of the purchasing division; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 333.450 is hereby amended to read as follows:
333.450 1. All claims for supplies, materials , [and] equipment and services purchased pursuant to the provisions of this chapter must, when approved by the chief, be audited and paid in the same manner as other claims against the state are required to be audited and paid.
2. The [amount of administrative and handling charges must be determined by the chief in each case, but must not exceed a uniform percentage basis charge between departments or using agencies.
3. The amount receivable from each using agency to which supplies, material or equipment is delivered must include:
(a) The cost to the division of the items delivered; and
(b) The charges as determined pursuant to subsection 2.] chief shall annually assess each using agency a fee for the procurement and inventory services provided by the purchasing division to the using agency.
κ1999 Statutes of Nevada, Page 1416 (Chapter 345, AB 591)κ
services provided by the purchasing division to the using agency. The fee must be based on the using agencys use of the procurement and inventory services of the purchasing division during preceding years. The chief shall adjust the formula for calculating the fee each biennium.
3. If an agency is not a using agency, the chief shall assess a fee of not more than the cost to the division to process the order for the agency.
4. The chief may adopt regulations to carry out the provisions of this section.
Sec. 2. NRS 333.460 is hereby amended to read as follows:
333.460 Within 5 working days after the receipt of supplies, materials and equipment , [from the state purchasing fund,] each state officer, department, institution, board, commission or agency shall authorize the state controller to draw money by transfer or warrant from the using agencys account [as determined pursuant to subsection 3 of NRS 333.450 for the transfer to or placement in the state purchasing fund.] for payment of the claim.
Sec. 3. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 599Committee on Government Affairs
CHAPTER 346
AN ACT relating to counties; revising the composition of certain county fair and recreation boards; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.603 is hereby amended to read as follows:
244A.603 1. In any county whose population is 400,000 or more, the county fair and recreation board consists of [12] 13 members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county from their own number.
(c) One member by the governing body of the second largest incorporated city in the county from their own number.
(d) One member by the governing body of the third largest incorporated city in the county from their own number.
(e) One member by the governing body of one of the other incorporated cities in the county from their own number.
(f)
[Five] Six members to be
appointed by the members selected pursuant to paragraphs (a) to (e), inclusive [.
These] , of
which:
(1) Three members must be selected from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members appointed pursuant to this subparagraph must be selected as follows:
κ1999 Statutes of Nevada, Page 1417 (Chapter 346, AB 599)κ
members appointed pursuant to this subparagraph must be selected as follows:
[(1) Three]
(I) Two members who are representatives of tourism, at least one of whom must be a representative of the resort hotel business [, at least one of whom is engaged in that business in the central business district of the largest city;
(2)] ; and
(II) One member who is a representative of [motel operators; and
(3) One member who is a representative of] other commercial interests [.] or interests related to tourism.
(2) Three members must be selected from a list of nominees submitted by the association of gaming establishments whose membership in the county collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the preceding year. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members selected pursuant to this subparagraph must be representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the largest incorporated city in the county.
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (e) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city will be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board must be filled by the authority entitled to appoint the member whose position is vacant.
4. After the initial appointments of members appointed pursuant to paragraph (f) of subsection 1, all members must be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business must be appointed to fill the unexpired term. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a) to (d), inclusive, of subsection 1 are coterminous with their terms of office. Any such member may succeed himself.
Sec. 2. The term of each member of the county fair and recreation board who was appointed pursuant to paragraph (f) of subsection 1 of NRS 244A.603 and holds office on June 30, 1999, expires on June 30, 1999. On or before July 1, 1999, the members of the county fair and recreation board selected pursuant to paragraphs (a) to (e), inclusive, of subsection 1 of NRS 244A.603 shall appoint to the county fair and recreation board in accordance with the amendatory provisions of this act:
κ1999 Statutes of Nevada, Page 1418 (Chapter 346, AB 599)κ
NRS 244A.603 shall appoint to the county fair and recreation board in accordance with the amendatory provisions of this act:
1. One member pursuant to subparagraph (1) of paragraph (f) of subsection 1 of NRS 244A.603 to an initial term that begins on July 1, 1999, and expires on June 30, 2000.
2. Two members pursuant to subparagraph (1) of paragraph (f) of subsection 1