[Rev. 3/19/2013 1:13:50 PM]

Link to Page 1194

 

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ê1993 Statutes of Nevada, Page 1195ê

 

CHAPTER 378, SB 396

Senate Bill No. 396—Committee on Commerce and Labor

CHAPTER 378

AN ACT relating to professional land surveyors; clarifying what information must be provided in a record of survey; revising certain provisions relating to the adoption by a governing body of standards for setting final monuments; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 625.350 is hereby amended to read as follows:

      625.350  1.  A record of survey must be a map legibly drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. The size of each sheet must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and 2 inches at the left edge along the 24-inch dimension.

      2.  A record of survey must show:

      (a) All monuments found, set, reset or replaced, describing their kind, size and location and giving other data relating thereto.

      (b) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.

      (c) The name and legal description of the tract in which the survey is located and any ties to adjoining tracts.

      (d) The tie to Coast and Geodetic Survey Control System, if points of the system are established in the area in which the survey is made.

      (e) A memorandum of oaths, if any.

      (f) The signature and validated seal of the surveyor [.

      (g) Dates of the survey.

      (h) The name of the person or persons for whom the survey is made.

      (i)]who performed the survey.

      (g) A certificate prepared by the surveyor indicating:

             (1) The person or entity for whom the survey was performed;

             (2) The general vicinity of the property being surveyed;

             (3) The date the survey was completed;

             (4) Whether monuments were found or set and, if so, their character and location as shown; and

             (5) Any other pertinent information.

      (h) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and areas shown.

      3.  If the land surveyed is described in terms of area, the record of the survey must show the area of the land surveyed in the following manner:

      (a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

      (b) In square feet if the area is less than 2 acres.

 


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ê1993 Statutes of Nevada, Page 1196 (Chapter 378, SB 396)ê

 

      Sec. 2.  NRS 278.371 is hereby amended to read as follows:

      278.371  1.  The survey, setting of monuments and final map must be made by a professional land surveyor registered in the State of Nevada.

      2.  The final monuments must be set before the recordation of the final map unless the subdivider furnishes a performance bond or other suitable assurance to the governing body or planning commission guaranteeing that the subdivider will provide a professional land surveyor to set the monuments on or before a day certain. The governing body or planning commission shall determine the amount of the performance bond, if any is required. If a surveyor other than the one signing the final plat accepts responsibility for the setting of monuments, a certificate of amendment must be filed and recorded.

      3.  The final monument must, except as otherwise provided in subsections 6 and 7, consist of a nonferrous tablet, disc or cap securely attached to the top of a metallic shaft solidly embedded in the ground, with a minimum diameter of 5/8 of an inch and a length sufficient to resist removal, and a mark for the exact point and stamped “PLS” followed by the professional land surveyor’s registration number.

      4.  Final monuments must be set at:

      (a) Each corner of the boundary of the subdivision and at any point necessary to ensure that each monument on a given boundary can be seen from the next monument on that boundary.

      (b) Intersections of centerlines of streets.

      (c) Sufficient locations along the centerlines of streets so that the centerlines may be retraced. These locations may be at, or on an offset to, an angle to the centerline of a street, the center of a cul-de-sac, a point which defines a curve (the beginning or end of a curve or a point of intersection of a tangent) or an intersection with a boundary of the subdivision.

      (d) A position for a corner of the system of rectangular surveys [directly relevant to] which is used as control in the survey required by this chapter to establish property lines and corners of the subdivision.

The governing body shall, by ordinance, adopt any additional standards for the setting of final monuments which are reasonably necessary [.] , including the establishment of Nevada state plane coordinates thereon pursuant to chapter 327 of NRS.

      5.  A final monument required in subsection 4 which falls in a paved area must:

      (a) Consist of a well with lid placed so that the top of the tablet, disc or cap of the monument is not less than 4 inches below the surface of the pavement; or

      (b) Be of comparable construction as required by the governing body.

The monument must be set flush with the top of the pavement with such references as are required by the governing body.

      6.  If a point designated in subsection 4 falls on solid bedrock or on a concrete or stone roadway, curb, gutter or walk, a durable nonferrous metal tablet, disc or cap must be securely anchored in the rock or concrete and marked as required in subsection 3.

      7.  If a monument required by subsection 3 cannot be set because of steep terrain, water, marsh or existing structures, or if it would be obliterated as a result of proposed construction, one or more reference monuments must be set.


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ê1993 Statutes of Nevada, Page 1197 (Chapter 378, SB 396)ê

 

set. In addition to the physical requirements for a monument set forth in subsections 3 to 6, inclusive, the letters “RM” and “WC” must be stamped in the tablet, disc or cap. If only one reference monument is used, it must be set on the actual line or a prolongation thereof. Otherwise, at least two reference monuments must be set. These monuments shall be deemed final monuments.

      8.  A corner of a lot must be set by the land surveyor in the manner approved by the governing body.

      Sec. 3.  NRS 278.372 is hereby amended to read as follows:

      278.372  1.  The final map must be clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, but affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with opaque ink.

      2.  The size of each sheet of the map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      3.  The scale of the map must be large enough to show all details clearly. The map must have a sufficient number of sheets to accomplish this end.

      4.  Each sheet of the map must indicate its particular number, the total number of sheets in the map and its relation to each adjoining sheet.

      5.  The final map must show all surveyed and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central angle, radii and arc length for all curves and such information as may be necessary to determine the location of the centers of curves.

      6.  Each lot must be numbered in sequence.

      7.  Each street must be named and each block may be numbered or lettered.

      8.  The exterior boundary of the land included within the subdivision must be indicated by graphic border.

      9.  The map must show the definite location of the subdivision, particularly its relation to surrounding surveys.

      10.  The final map must show the area of each lot and the total area of the land in the subdivision in the following manner:

      (a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

      (b) In square feet if the area is less than 2 acres.

      11.  The final map must also satisfy any additional survey and map requirements [of] , including the delineation of Nevada state plane coordinates established pursuant to chapter 327 of NRS, for any corner of the subdivision or any other point prescribed by the local ordinance.

      Sec. 4.  NRS 278.5693 is hereby amended to read as follows:

      278.5693  1.  If a boundary line is adjusted or land is transferred pursuant to paragraph (c) of subsection 3 of NRS 278.461, a professional land surveyor shall perform a field survey, set monuments and file a record of survey pursuant to NRS 625.340.


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ê1993 Statutes of Nevada, Page 1198 (Chapter 378, SB 396)ê

 

      2.  A record of survey filed pursuant to subsection 1 must contain:

      (a) A certificate by the professional land surveyor who prepared the map stating that:

             (1) He has performed a field survey [of the boundaries of the affected parcels;] sufficient to locate and identify properly the proposed boundary line adjustment;

             (2) That all corners and angle points of the adjusted boundary line have been [set; and] defined by monuments or will be otherwise defined on a document of record as required by NRS 625.340; and

             (3) The map is not in conflict with the provisions of NRS 278.010 to 278.630, inclusive.

      (b) A certificate that is executed and acknowledged by each affected owner of the abutting parcels which states that:

             (1) He has examined the plat and approves and authorizes the recordation thereof;

             (2) He agrees to execute the required documents creating any easement which is shown;

             (3) He agrees to execute the required documents abandoning any existing easement pursuant to the provisions of NRS 278.010 to 278.630, inclusive;

             (4) All property taxes on the land for the fiscal year have been paid; and

             (5) That any lender with an impound account for the payment of taxes has been notified of the adjustment of the boundary line or the transfer of the land.

      (c) A certificate by the governing body or its designated representative approving the adjustment of the boundary line.

 

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CHAPTER 379, SB 416

Senate Bill No. 416—Committee on Government Affairs

CHAPTER 379

AN ACT relating to local financial administration; requiring each county to establish uniform procedures for the collection of accounts receivable owed to the county and for the removal of uncollectible accounts receivable from the records of the county; expanding the scope of local governmental audits to include a review of the removal of uncollectible accounts receivable; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  Except as otherwise provided by specific statute, the board of county commissioners may remove from the records of the county the amount of an account receivable and the name of the debtor, upon a determination by a centralized collection system established pursuant to NRS 244.207 or the district attorney that the account receivable is uncollectible and the recommendation of the county auditor that the account be removed.


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ê1993 Statutes of Nevada, Page 1199 (Chapter 379, SB 416)ê

 

district attorney that the account receivable is uncollectible and the recommendation of the county auditor that the account be removed.

      Sec. 3.  1.  The board of county commissioners of each county shall establish uniform procedures for the collection of accounts receivable owed to the county and the removal of uncollectible accounts receivable from the records of the county. The procedures may provide for the collection of accounts receivable by a centralized collection system established pursuant to NRS 244.207 or by the office of the district attorney.

      2.  The procedures established pursuant to subsection 1 must provide for:

      (a) The steps a department of the county must follow in collecting an account receivable, including a requirement that a department send a follow-up invoice to each debtor at 30-, 60- and 90-day intervals;

      (b) The transfer of an account receivable to the centralized collection system or the district attorney for collection if the department is unsuccessful in its efforts to collect the account receivable;

      (c) Review by the centralized collection system or the district attorney of each account receivable that is transferred for collection and a determination of whether the account receivable is collectible or uncollectible; and

      (d) Application by the county auditor to the board of county commissioners to have the amount of the account receivable and the name of the debtor removed from the records of the county.

      Sec. 4.  1.  If at any time, in the opinion of the centralized collection system or the district attorney, it becomes impossible or impractical to collect an account receivable owed to the county because:

      (a) The debtor has filed bankruptcy;

      (b) The debtor has died;

      (c) The amount of the account receivable is less than the amount it would cost to collect it; or

      (d) Of some other reason or circumstance,

the centralized collection system or the district attorney shall notify the county auditor in writing that the account receivable is uncollectible and the reasons therefor.

      2.  Upon receiving notification that an account receivable is uncollectible, the county auditor may apply to the board of county commissioners to have the amount of the account receivable and the name of the debtor removed from the records of the county.

      3.  The application must include:

      (a) The amount of the account receivable;

      (b) The name of the debtor;

      (c) A record of the efforts made to collect the account receivable; and

      (d) The written notice provided pursuant to subsection 1.

      4.  If the board of county commissioners approves the application, the county auditor shall remove the amount of the account receivable and the name of the debtor from the county records.

      Sec. 5.  NRS 354.486 is hereby amended to read as follows:

      354.486  “Audit” means the examination and analysis of accounting procedures and other evidence made in conformity with generally accepted auditing standards for one or more of the following purposes:


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ê1993 Statutes of Nevada, Page 1200 (Chapter 379, SB 416)ê

 

      1.  Determining the propriety, legality and mathematical accuracy of financial transactions;

      2.  Ascertaining whether all financial transactions have been recorded;

      3.  Ascertaining whether the financial statements prepared from the accounting records fairly present the financial position and the results of financial operations of the constituent and balanced account groups of the governmental unit in accordance with generally accepted accounting principles and on a basis which is consistent with that of the preceding year;

      4.  Determining whether the handling of the public money is adequately protected by internal accounting controls;

      5.  Determining whether the fiscal controls established by law and administrative regulations are being properly applied;

      6.  Determining whether there is any evidence that fraud or dishonesty has occurred in the handling of funds or property; [and]

      7.  Determining whether the acquisition and disposition of property and equipment are accounted for in accordance with generally accepted accounting principles [.] ; and

      8.  Determining whether the removal of the uncollectible accounts receivable from the records of a governmental unit is done in accordance with the procedure established by law and administrative regulations.

 

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CHAPTER 380, SB 435

Senate Bill No. 435—Senator Nevin

CHAPTER 380

AN ACT relating to traffic laws; increasing the maximum length allowed for certain buses; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.739 is hereby amended to read as follows:

      484.739  1.  Except as otherwise provided in subsection 2, the length of a bus [or] may not exceed 45 feet and the length of a motortruck may not exceed 40 feet.

      2.  A passenger bus which has three or more axles and two sections joined together by an articulated joint with a trailer which is equipped with a mechanically steered rear axle may not exceed a length of 65 feet.

      3.  Except as otherwise provided in subsections 4 and 7, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.

      4.  The department of transportation, by regulation, shall provide for the operation of combinations of vehicles in excess of 70 feet in length, but in no event exceeding 105 feet. The regulations must establish standards for the operation of such vehicles which must be consistent with their safe operation upon the public highways and must include:


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ê1993 Statutes of Nevada, Page 1201 (Chapter 380, SB 435)ê

 

      (a) Types and number of vehicles to be permitted in combination;

      (b) Horsepower of a motortruck;

      (c) Operating speeds;

      (d) Braking ability; and

      (e) Driver qualifications.

The operation of such vehicles is not permitted on highways where, in the opinion of the department of transportation, their use would be inconsistent with the public safety because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.

      5.  Combinations of vehicles operated under the provisions of subsection 4 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the department of transportation, carry loads not to exceed the values set forth in the following formula: W = 500 [LN/(N-1) + 12N + 36], wherein:

      (a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;

      (b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

      (c) N equals the number of axles in the group under consideration.

The distance between axles must be measured to the nearest foot. When a fraction is exactly one-half foot the next largest whole number must be used. The permits may be restricted in such manner as the department of transportation considers necessary and may, at the option of the department, be canceled without notice. No such permits may be issued for operation on any highway where that operation would prevent the state from receiving federal money for highway purposes.

      6.  Upon approving an application for a permit to operate combinations of vehicles under the provisions of subsection 5, the department of transportation shall withhold issuance of the permit until the applicant has furnished proof of compliance with the provisions of NRS 706.531.

      7.  The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection 4 or to NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:

      (a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.

      (b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.

      (c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.

      (d) The driver’s vision is not impaired by the projecting or supporting structure.

      8.  Lights and other warning devices which are required to be mounted on a vehicle under this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.


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ê1993 Statutes of Nevada, Page 1202 (Chapter 380, SB 435)ê

 

      9.  This section does not apply to:

      (a) Vehicles used by a public utility for the transportation of poles;

      (b) A combination of vehicles consisting of a tractor drawing a semitrailer that does not exceed 48 feet in length; or

      (c) A combination of vehicles consisting of a tractor drawing a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in length.

 

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CHAPTER 381, SB 444

Senate Bill No. 444—Senator Jacobsen

CHAPTER 381

AN ACT relating to fires; allowing controlled fires under certain circumstances; requiring a written plan to be approved before commencing a controlled fire; requiring the state fire marshal to include a discussion of issues relating to controlled fires in educational materials; requiring certain reports to be submitted for presentation to the 68th session of the legislature; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature hereby finds and declares that:

      1.  Controlled fires reduce the risk of naturally occurring wildfires which are caused by highly flammable vegetation and which often result in catastrophic damage to life and property.

      2.  Fires are essential for the perpetuation, restoration and management of many plants and animals.

      3.  Controlled fires provide benefits to the public by ensuring the continuity of the wildlife and biological diversity in this state.

      Sec. 2.  Chapter 527 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.

      Sec. 3.  As used in sections 3 to 6, inclusive, of this act, unless the context otherwise requires:

      1.  “Authority” means the state forester firewarden, or a local government, whichever is charged with responsibility for fire protection in the area where a controlled fire is to take place.

      2.  “Controlled fire” means the controlled application of fire to natural vegetation under specified conditions and after precautionary actions have been taken to ensure that the fire is confined to a predetermined area.

      Sec. 4.  The state forester firewarden shall adopt such regulations as he deems necessary to carry out and enforce the provisions of sections 5 and 6 of this act.

      Sec. 5.  1.  The authority may authorize an agency of this state or any political subdivision of this state to commence a controlled fire.

      2.  A controlled fire must be conducted:

      (a) Pursuant to a written plan which has been submitted to and authorized by the authority; and


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ê1993 Statutes of Nevada, Page 1203 (Chapter 381, SB 444)ê

 

      (b) Under the direct supervision of at least one person who is qualified to oversee such fires and who remains on site for the duration of the fire.

      3.  A controlled fire which is commenced pursuant to this section and which complies with laws relating to air pollution shall be deemed in the best interest of the public and not to constitute a public or private nuisance.

      4.  The State of Nevada, an agency of this state or any political subdivision or local government of this state, or any officer or employee thereof, is not liable for any damage or injury to property or persons, including death, which is caused by a controlled fire that is authorized pursuant to this section, unless the fire was conducted in a grossly negligent manner.

      Sec. 6.  1.  The written plan required by section 5 of this act must remain on site for the duration of the fire. The plan must be prepared by a person qualified to oversee a controlled fire and contain at least:

      (a) A description and map of the area to be burned;

      (b) A list of the personnel and equipment necessary to commence and control the fire;

      (c) A description of the meteorological factors that must be present before commencing a controlled fire, including surface wind speed and direction, transport wind speed and direction, minimum mixing height, minimum relative humidity, maximum temperature and fine fuel moisture;

      (d) A description of considerations related to common behavioral patterns of fires in the area to be burned, including various burning techniques, the anticipated length of the flame and the anticipated speed of the fire; and

      (e) The signature of the person who prepared the plan.

      2.  Before signing the written plan, the person qualified to oversee the fire must evaluate and approve the anticipated impact of the fire on surrounding areas which are sensitive to smoke.

      3.  The state forester firewarden shall establish the qualifications for a person to oversee a controlled fire.

      Sec. 7.  NRS 473.070 is hereby amended to read as follows:

      473.070  [Within] Except as otherwise provided in section 5 of this act, within the boundaries of any fire protection district organized under this chapter, any person, firm, association or agency which, personally or through another, willfully, negligently or in violation of the law:

      1.  Sets fire to the property, whether privately or publicly owned, of another;

      2.  Allows fire to be set to the property, whether privately or publicly owned, of another; or

      3.  Allows a fire kindled or attended by him to escape to the property, whether privately or publicly owned, of another,

is liable to the owner of such property for the damages thereto caused by such fire.

      Sec. 8.  NRS 473.090 is hereby amended to read as follows:

      473.090  1.  Except as otherwise provided in this section [,] and section 5 of this act, it is unlawful within the boundaries of any fire protection district organized under this chapter for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on his own land or on the land of another, or on public land, unless such burning or act is done under a written permit form the state forester firewarden or his duly authorized agent and in strict accordance with the terms of the permit.


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ê1993 Statutes of Nevada, Page 1204 (Chapter 381, SB 444)ê

 

may cause a fire in forest, grass or brush, either on his own land or on the land of another, or on public land, unless such burning or act is done under a written permit form the state forester firewarden or his duly authorized agent and in strict accordance with the terms of the permit.

      2.  Written permission is not necessary:

      (a) At any time during the year when the state forester firewarden determines that no fire hazard exists.

      (b) To burn materials in screened, safe incinerators, or in incinerators approved by the state forester firewarden or his duly authorized agent, or in small heaps or piles, where the fire is set on a public road, corrals, gardens or ploughed fields, and at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at such fire at all times during its burning.

      3.  This section does not prevent the issuance of an annual permit to any public utility covering its usual and emergency operation and maintenance work within the district.

      4.  This section does not prevent the building of necessary controlled small camp and branding fires, but caution must be taken to make certain that the fire is extinguished before leaving, and, in any case where the fire escapes and does injury to the property of another, such escape and injury are prima facie evidence of a violation of this section.

      5.  The provisions of this section apply only to such portions of the fire protection district as are outside incorporated cities and towns.

      6.  Any person, firm, association, corporation or agency violating any of the provisions of this section is guilty of a misdemeanor.

      Sec. 9.  NRS 474.550 is hereby amended to read as follows:

      474.550  [Within] Except as otherwise provided in section 5 of this act, within the boundaries of any fire protection district created pursuant to this chapter, any person, firm, association or agency which willfully or negligently causes a fire or other emergency which threatens human life may be charged with the expenses incurred in extinguishing the fire or meeting the emergency and the cost of necessary patrol. Such a charge constitutes a debt which is collectible by the federal, state, county or district agency incurring the expenses in the same manner as an obligation under a contract, express or implied.

      Sec. 10.  NRS 477.037 is hereby amended to read as follows:

      477.037  The state fire marshal:

      1.  Shall establish and maintain a library of publications, films, fire report data and other materials for the benefit of the fire service of the state and the general public.

      2.  Shall incorporate into the materials in the library, where feasible and appropriate, a discussion of the issues relating to controlled fires.

      3.  May charge a reasonable fee for the use of the materials in the library.

      Sec. 11.  The division of forestry of the state department of conservation and natural resources and the state fire marshal division of the department of commerce shall, on or before February 1, 1995, submit a report to the director of the legislative counsel bureau recommending additional legislation that would help minimize the threat of wildfires in areas of new development for presentation to the 68th session of the legislature.


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ê1993 Statutes of Nevada, Page 1205 (Chapter 381, SB 444)ê

 

director of the legislative counsel bureau recommending additional legislation that would help minimize the threat of wildfires in areas of new development for presentation to the 68th session of the legislature.

 

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CHAPTER 382, SB 456

Senate Bill No. 456—Senators Adler, Brown, Callister, Coffin, Glomb and Titus

CHAPTER 382

AN ACT relating to motorcycles; prohibiting a person from operating a motorcycle or moped equipped with handlebars which extend above the driver’s shoulders; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 486.201 is hereby amended to read as follows:

      486.201  A person shall not drive a motorcycle or moped equipped with handlebars which [are more than 15 inches in height] extend above the uppermost portion of the driver’s [seat when such] shoulders when the driver sits on the seat and the seat is depressed by the weight of the driver.

 

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CHAPTER 383, SB 508

Senate Bill No. 508—Committee on Judiciary

CHAPTER 383

AN ACT relating to crimes against property; prohibiting a person from selling, offering to sell, or otherwise making available, without the authority of the lawful holder, a code or number that can be used to obtain telephone service; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  It is unlawful for a person to sell, offer to sell, or otherwise make available, without the authority of the lawful holder:

      (a) A number on a telephone calling card;

      (b) A personal identification number for use of a telephone calling card;

      (c) An account number; or

      (d) Any other code or number,

that can be used to obtain telephone service.


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ê1993 Statutes of Nevada, Page 1206 (Chapter 383, SB 508)ê

 

      2.  Except under the circumstances described in NRS 205.710, any person violating the provisions of subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 2.  NRS 205.920 is hereby amended to read as follows:

      205.920  1.  It is unlawful for a person to obtain or attempt to obtain telephone or telegraph service with intent to avoid payment [therefor] for that service by himself or to avoid payment for that service by any other person, by:

      (a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber;

      (b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled (as distinguished from expired) credit card after notice of revocation or cancellation has been given to the holder;

      (c) Using a code, prearranged scheme or other similar device to send or receive information;

      (d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise;

      (e) Using any other deception, false token or other means to avoid payment for the service; or

      (f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.

      2.  If the value of the service involved is $250 or more, any person violating the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than [$10,000,] $5,000, or by both fine and imprisonment. If the value of the service involved is less than $250 , any person violating the provisions of this section is guilty of a misdemeanor.

In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.

      3.  This section applies when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for the service would have been billable in the normal course by a person, firm or corporation providing the service in Nevada but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.

      Sec. 3.  NRS 205.930 is hereby amended to read as follows:

      205.930  1.  It is unlawful to make or possess any instrument, apparatus or device or to sell, give or otherwise transfer to another or to offer or advertise for sale any instrument, apparatus, device or information, or plans or instructions for making or assembling such equipment, with knowledge or reason to believe that it is intended to be used to obtain telephone or telegraph service with intent to avoid payment therefor by any of the means listed in [paragraphs] paragraph (c), (d) or (f) of subsection 1 of NRS 205.920, or to represent or imply that it may lawfully be so used.


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

ê1993 Statutes of Nevada, Page 1207 (Chapter 383, SB 508)ê

 

[paragraphs] paragraph (c), (d) or (f) of subsection 1 of NRS 205.920, or to represent or imply that it may lawfully be so used.

      2.  [Any] Except under the circumstances described in section 1 of this act, any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

 

________

 

 

CHAPTER 384, AB 578

Assembly Bill No. 578—Assemblymen Perkins, Kenny, Heller, Petrak, Bonaventura, Hettrick, Tiffany, Schneider, Lambert, Carpenter, Giunchigliani, Marvel, Toomin, Humke, Gregory, Ernaut, Neighbors, Gibbons, Freeman, Chowning, Price, Evans, Bache and Myrna Williams

CHAPTER 384

AN ACT relating to education; requiring the state board of education to establish a course of study in adult roles and responsibilities; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state board shall, by regulation, establish a course of study in adult roles and responsibilities. The course of study must be designed to prepare pupils for their potential roles as parents and as members of family groups.

      2.  The board of trustees of each school district shall establish the curriculum for the course of study in that district. The curriculum must be organized with the assistance of teachers, administrators, licensed school counselors, pupils and parents, and include instruction in the following areas:

      (a) Personal and family management, including identifying values, setting goals, understanding oneself, developing personal assets and balancing the responsibilities of work and family;

      (b) Skills for daily living and coping with stress, including problem solving, decision making, positive communication and conflict resolution;

      (c) Money management, including identifying personal assets, financial goals and effective consumer practices relating to credit, taxes, savings and investments;

      (d) Establishing and maintaining relationships, including marriage, relationships at a job and within the community, and relationships, with friends, peers, family and extended family; and

      (e) Skills and knowledge relating to the relationship between a parent and child, including the growth and development of children, skills needed to be an effective parent, and the responsibilities of parenthood.

      3.  The instruction required by this section:

      (a) Must be made available to each pupil at some time after his completion of grade 5 and before his completion of grade 12; and


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

ê1993 Statutes of Nevada, Page 1208 (Chapter 384, AB 578)ê

 

      (b) May be included as a part of an existing course of study or presented as a separate course of study.

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

 

________

 

 

CHAPTER 385, AB 584

Assembly Bill No. 584—Committee on Education

CHAPTER 385

AN ACT relating to education; requiring the state board of education to establish a program of instruction in the prevention of suicide; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state board shall establish a program of instruction regarding the prevention of suicide.

      2.  The instruction must be provided to each pupil by the completion of grade 12 as a part of a required course of study.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 386, SB 60

Senate Bill No. 60—Committee on Human Resources and Facilities

CHAPTER 386

AN ACT relating to sexually transmitted diseases; requiring the testing of a person arrested or a minor detained for committing certain sexual offenses for exposure to certain sexually transmitted diseases; repealing the statutory requirement for the examination and treatment of arrested persons for exposure to certain sexually transmitted diseases; providing for the examination, counseling and treatment of certain victims of sexual assault; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 441A.320 is hereby amended to read as follows:

      441A.320  1.  As soon as practicable after [a person has been] :

      (a) A person is arrested for the commission of a crime ; or

      (b) A minor is detained for the commission of an act which, if committed by a person other than a minor would constitute a crime,

which the victim or a witness alleges involved the sexual penetration of the victim’s body, the health authority shall test a specimen [submitted] obtained from the arrested person or detained minor for exposure to the human immunodeficiency virus and [syphilis.]


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

ê1993 Statutes of Nevada, Page 1209 (Chapter 386, SB 60)ê

 

from the arrested person or detained minor for exposure to the human immunodeficiency virus and [syphilis.] any commonly contracted sexually transmitted disease, regardless of whether he or, if a detained minor, his parent or guardian consents to providing the specimen. The agency that has custody of the arrested person or detained minor shall obtain the specimen and submit it to the health authority for testing. The health authority shall perform the test in accordance with generally accepted medical practices.

      2.  The health authority shall disclose the results of all tests performed pursuant to subsection 1 to [the] :

      (a) The victim or to the victim’s parent or guardian if the victim is a minor [.

      3.  Except as otherwise provided in NRS 441A.210, if the health authority determines that an arrested person has been exposed to the human immunodeficiency virus or syphilis, it shall require the person to undergo examination and treatment, regardless of whether he consents to the examination and treatment.] ; and

      (b) The arrested person and, if a minor is detained, to his parent or guardian.

      3.  If the health authority determines, from the results of a test performed pursuant to subsection 1, that a victim of sexual assault may have been exposed to the human immunodeficiency virus or any commonly contracted sexually transmitted disease, it shall, at the request of the victim, provide him with:

      (a) An examination for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines he may have been exposed;

      (b) Counseling regarding the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines he may have been exposed; and

      (c) A referral for health care and other assistance,

as appropriate.

      4.  If the court in:

      (a) A criminal proceeding determines that a person has committed a crime; or

      (b) A proceeding conducted pursuant to chapter 62 of NRS determines that a minor has committed an act which, if committed by a person other than a minor would constitute a crime,

involving the sexual penetration of a victim’s body, the court shall, upon application by the health authority, order that minor or other person to pay any expenses incurred in carrying out this section with regard to that minor or other person and that victim.

      5.  The board shall adopt regulations identifying, for the purposes of this section, sexually transmitted diseases which are commonly contracted.

      6.  As used in this section [, the term “sexual] :

      (a) “Sexual assault” means a violation of NRS 200.366.

      (b) “Sexual penetration” has the meaning ascribed to it in NRS 200.364.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1210ê

 

CHAPTER 387, AB 667

Assembly Bill No. 667—Committee on Judiciary

CHAPTER 387

AN ACT relating to claims against the state; requiring a prisoner or former prisoner to exhaust his administrative remedies before proceeding with an action against the state to recover compensation for the loss of his personal property; revising the procedures by which a prisoner or former prisoner may file an administrative claim against the department of prisons to recover such compensation; and providing other matters properly relating thereto.

 

[Approved July 1, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who is or was in the custody of the department of prisons may not proceed with any action against the department or any of its agents, former officers, employees or contractors to recover compensation for the loss of his personal property pursuant to NRS 41.031 unless the person has exhausted his administrative remedies provided by section 3 of this act and the regulations adopted pursuant thereto.

      2.  The filing of an administrative claim pursuant to section 3 of this act is not a condition precedent to the filing of an action pursuant to NRS 41.031.

      3.  An action filed by a person in accordance with this section before the exhaustion of his administrative remedies must be stayed by the court in which the action is filed until the administrative remedies are exhausted. The court shall dismiss the action if the person has not timely filed his administrative claim pursuant to section 3 of this act.

      4.  If a person has exhausted his administrative remedies and has filed and is proceeding with a civil action for the loss of his property, the office of the attorney general must initiate and conduct all negotiations for settlement relating to that action.

      Sec. 2.  NRS 41.0305 is hereby amended to read as follows:

      41.0305  As used in NRS 41.031 to 41.039, inclusive, and section 1 of this act, the term “political subdivision” includes an airport authority created by special act of the legislature, a regional transportation commission and a fire protection district, irrigation district, school district and other special district which performs a governmental function, even though it does not exercise general governmental powers.

      Sec. 3.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A prisoner or former prisoner may file an administrative claim with the department to recover compensation for the loss of his personal property alleged to have occurred during his incarceration as a result of an act or omission of the department or any of its agents, former officers, employees or contractors. The claim must be filed within 6 months after the date of the alleged loss.

      2.  The department shall evaluate each claim filed pursuant to subsection 1 and determine the amount due, if any. If the amount due is $500 or less, the department, within the limits of legislative appropriations, shall approve the claim for payment and submit it to be paid as other claims against the state are paid.


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

ê1993 Statutes of Nevada, Page 1211 (Chapter 387, AB 667)ê

 

department, within the limits of legislative appropriations, shall approve the claim for payment and submit it to be paid as other claims against the state are paid. The department shall submit all claims in which the amount due exceeds $500, with any recommendations it deems appropriate, to the state board of examiners. The state board of examiners, in acting upon the claim, shall consider any recommendations of the department.

      3.  The department shall adopt regulations necessary to carry out the provisions of this section.

      Sec. 4.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 388, AB 8

Assembly Bill No. 8—Committee on Government Affairs

CHAPTER 388

AN ACT relating to state employees; requiring, upon request, the granting of a leave of absence without pay to care for newborn or newly adopted children; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.360 is hereby amended to read as follows:

      284.360  1.  Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service. Leave of absence must be granted to any person holding a position in the classified service to permit acceptance of a position in the legislative branch during a regular or special session of the legislature, including a reasonable period before and after the session if the entire period of employment in the legislative branch is continuous.

      2.  If a person is granted a leave of absence without pay to permit acceptance of an appointive position in the unclassified service or a position in the legislative branch, any benefits earned while he is in the:

      (a) Classified service are retained and must be paid by the employer in the classified service, whether or not the person returns to the classified service.

      (b) Unclassified service or employed by the legislative branch are retained and must be paid by the appointing authority in the unclassified service or by the legislative branch, if he does not return to the classified service, or by the employer in the classified service, if he returns to the classified service.

      3.  Any person in the unclassified service, except members of the academic staff of the University and Community College System of Nevada, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.

      4.  Officers and members of the faculty of the University and Community College System of Nevada may be granted leaves of absence without pay as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.


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

ê1993 Statutes of Nevada, Page 1212 (Chapter 388, AB 8)ê

 

provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.

      5.  Any person in the classified or unclassified service who:

      (a) Is the natural parent of a child who is less than 6 months old; or

      (b) Has recently adopted a child,

must be granted, upon request, a leave of absence without pay for a period not to exceed 12 weeks. Such a request by natural parents must be submitted at least 3 months before the date upon which the requested leave will begin, unless a shorter notice is approved by the employer. Such a request by adoptive parents must be submitted not fewer than 2 working days after the parents receive notice of the approval of the adoption. This subsection does not affect the rights of an employee set forth in NRS 284.350 or 284.355.

 

________

 

 

CHAPTER 389, AB 66

Assembly Bill No. 66—Committee on Judiciary

CHAPTER 389

AN ACT relating to alternative methods of resolving disputes; authorizing a board of county commissioners to authorize a neighborhood justice center to charge a fee for certain services; extending the program in certain counties that requires the mediation of cases involving custody or visitation of a child; extending the program that requires the establishment of neighborhood justice centers in larger counties; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.1607 is hereby amended to read as follows:

      244.1607  1.  In a county whose population is more than 400,000, the board of county commissioners shall establish a neighborhood justice center. The center must be closely modeled after the program established by the American Bar Association for multi-door courthouses for the resolution of disputes.

      2.  [The] Except as otherwise provided in subsection 3, the center must provide, at no charge:

      (a) A forum for the impartial mediation of minor disputes including, but not limited to, disputes between landlord and tenant, neighbors, family members, local businesses and their customers, hospitals and their patients, and governmental agencies and their clients, except where prohibited by federal law.

      (b) A system of providing information concerning the resolution of disputes and the services available in the community.

      (c) An efficient and effective referral system which assists in the resolution of disputes and otherwise guides the client to the appropriate public or private agency to assist in the resolution of the particular dispute, including referrals to the justices of the peace, municipal courts, lawyer referral systems, legal aid services, district attorney, city attorneys, district courts, mental health services, other alternative methods of resolving disputes and other governmental and private services.


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

ê1993 Statutes of Nevada, Page 1213 (Chapter 389, AB 66)ê

 

services, other alternative methods of resolving disputes and other governmental and private services.

      3.  The board of county commissioners may authorize a center to charge a fee for:

      (a) Services which are provided relating to the resolution of complex cases; and

      (b) Training provided by the center.

      4.  The center must be supported from the money in the account for dispute resolution in the county general fund and any gifts or grants received by the county for the support of the center.

      [4.]5.  The board of county commissioners shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before March 1 of each odd-numbered year. The report must include a summary of the number and type of cases mediated, referred and resolved by the center during the previous biennium. The report must also contain suggestions for any necessary legislation to improve the effectiveness and efficiency of the center.

      Sec. 2.  Section 11 of chapter 353, Statutes of Nevada 1991, at page 921, is hereby amended to read as follows:

       Sec. 11.  1.  This act becomes effective on July 1, 1991.

       2.  [The amendatory provisions of this act expire by limitation on June 30, 1995.

       3.]  The programs required to be established pursuant to sections 1 and 8 must be operational on or before January 1, 1992.

 

________

 

 

CHAPTER 390, AB 211

Assembly Bill No. 211—Committee on Health and Human Services

CHAPTER 390

AN ACT relating to health care; revising provisions regarding the regulation of certain medical facilities and facilities for the dependent; revising certain provisions regarding persons authorized to possess and administer controlled substances and dangerous drugs; revising certain provisions regarding the state board of nursing; making various other changes; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.017 is hereby amended to read as follows:

      449.017  1.  Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to:

      (a) Any [ambulatory] aged, infirm, mentally retarded or handicapped person; or

      (b) Four or more females during pregnancy or after delivery.

      2.  The term does not include:


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

ê1993 Statutes of Nevada, Page 1214 (Chapter 390, AB 211)ê

 

      (a) An establishment which provides care only during the day;

      (b) A natural person who provides care for no more than two persons in his own home;

      (c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or

      (d) A facility funded by the welfare division or the mental hygiene and mental retardation division of the department of human resources.

      Sec. 2.  NRS 449.035 is hereby amended to read as follows:

      449.035  [A] 1.  Except as otherwise provided in subsection 2, a facility for skilled nursing or facility for intermediate care licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive, may not be operated except under the supervision of a nursing facility administrator who is at the facility and licensed under the provisions of chapter 654 of NRS.

      2.  The provisions of subsection 1 do not apply to a facility for intermediate care which limits its care and treatment to those persons who are mentally retarded or who have conditions related to mental retardation.

      Sec. 3.  NRS 449.037 is hereby amended to read as follows:

      449.037  1.  The board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.

      2.  The board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

which provide care to persons with Alzheimer’s disease.

      3.  The board shall adopt separate regulations for the licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      4.  The board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  The board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups.


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

ê1993 Statutes of Nevada, Page 1215 (Chapter 390, AB 211)ê

 

facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the health division regarding the authorized manner of assistance.

      7.  As used in this section, “rural hospital” means a hospital with 85 or fewer beds which is:

      (a) The sole institutional provider of health care located within a county whose population is less than 100,000;

      (b) The sole institutional provider of health care located within a city whose population is less than 20,000; or

      (c) Maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.

      Sec. 4.  NRS 453.141 is hereby amended to read as follows:

      453.141  “Ultimate user” means a person who lawfully possesses a controlled substance for his own use [,] or the use of a member of his household or [the use of any person for whom he is caring, or] for administering to any animal owned by him or by a member of his household. The term includes the guardian of an ultimate user or any other person authorized in a durable power of attorney to act on the behalf of the ultimate user. The term does not include a patient in or an employee of a [licensed health] medical facility , as defined in NRS 449.0151, who is not statutorily authorized to administer drugs.

      Sec. 5.  NRS 453.375 is hereby amended to read as follows:

      453.375  A controlled substance may be possessed and administered by the following persons:

      1.  A practitioner.

      2.  A physician’s assistant at the direction of his supervising physician.

      3.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, dentist, podiatrist or advanced practitioner of nursing, or pursuant to a chart order [of individual doses:

      (a) From an original container which has been furnished as floor or ward stock;

      (b) From a container dispensed by a registered pharmacist pursuant to a prescription or furnished pursuant to a chart order; or

      (c) Furnished by a practitioner.


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

ê1993 Statutes of Nevada, Page 1216 (Chapter 390, AB 211)ê

 

      4.  In a pharmacy in a correctional institution, a registered nurse licensed to practice professional nursing or a licensed practical nurse, in multiple doses for administration in single doses to prisoners in that institution.] , may possess and administer a controlled substance furnished for administration to a patient at another location.

      5.  An advanced emergency medical technician as authorized by regulation of the state board of health and in accordance with any applicable regulations of the state board of health or a district board of health created pursuant to NRS 439.370.

      6.  A respiratory therapist, at the direction of a physician.

      7.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician or nurse.

A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      8.  [A medical intern in the course of his internship.

      9.]  An ultimate user [as defined in this chapter.

      10.  A] or any person whom the ultimate user designates pursuant to a written agreement.

      9.  Any person designated by the head of a correctional institution . [which does not contain a pharmacy, but only:

      (a) As prescribed and dispensed for an individual prisoner in that institution; and

      (b) For issue to that prisoner in single doses.]

      10.  An animal technician at the direction of his supervising veterinarian.

      11.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      Sec. 6.  NRS 454.00978 is hereby amended to read as follows:

      454.00978  “Ultimate user” means a person who lawfully possesses a dangerous drug for his own use [,] or the use of a member of his household or [the use of any person for whom he is caring, or] for administering to any animal owned by him or by a member of his household. The term includes the guardian of an ultimate user or any other person authorized in a durable power of attorney to act on the behalf of the ultimate user. The term does not include a patient in or an employee of a medical facility, as defined in NRS 449.0151, who is not statutorily authorized to administer drugs.

      Sec. 7.  NRS 454.213 is hereby amended to read as follows:

      454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      1.  A practitioner.


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

ê1993 Statutes of Nevada, Page 1217 (Chapter 390, AB 211)ê

 

      2.  A physician’s assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      3.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing [practitioner] physician, dentist, podiatrist or advanced practitioner of nursing, or pursuant to a chart order [of individual doses:

      (a) From an original container which has been furnished as floor or ward stock;

      (b) From a container dispensed by a registered pharmacist pursuant to a chart order or prescription; or

      (c) Furnished by a practitioner.

      3.  A registered nurse licensed to practice professional nursing or a licensed practical nurse, in a pharmacy in a correctional institution, in multiple doses for administration in single doses to prisoners in that institution.

      4.  A physician’s assistant at the direction of his supervising physician.

      5.] , may possess and administer such a drug or medicine furnished for administration to a patient at another location.

      4.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the state board of pharmacy and in accordance with any applicable regulations of the state board of health or a district board of health created pursuant to NRS 439.370.

      [6.]5.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      [7.]6.  A dialysis technician, [at] under the direction or supervision of a physician or registered nurse [and in accordance with any conditions established by regulation of the board.

      8.] only if the drug or medicine is used for the process of renal dialysis.

      7.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      [9.  A medical intern in the course of internship.

      10.  A]

      8.  Any person designated by the head of a correctional institution . [which does not contain a pharmacy, but only:

      (a) As prescribed and dispensed for an individual prisoner in that institution; and

      (b) For issue to that prisoner in single doses.

      11.]9.  An ultimate user [.


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

ê1993 Statutes of Nevada, Page 1218 (Chapter 390, AB 211)ê

 

      12.] or any person designated by the ultimate user pursuant to a written agreement.

      10.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

      [13.]11.  A radiologic technologist, at the discretion of a physician and in accordance with any conditions established by regulation of the board.

      12.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      13.  A physical therapist, but only if the drug or medicine is a topical drug which is:

      (a) Used for cooling and stretching external tissue during therapeutic treatments; and

      (b) Prescribed by a licensed physician for:

             (1) Iontophoresis; or

             (2) The transmission of drugs through the skin using ultrasound.

      14.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      15.  An animal technician at the direction of his supervising veterinarian.

      Sec. 8.  Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

      (a) Disciplinary action is imposed by the board as a result of the investigation; or

      (b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.

      2.  This section does not prevent or prohibit the board from communicating or cooperating with another licensing board or any agency that is investigating a licensee, including a law enforcement agency.

      Sec. 9.  NRS 632.120 is hereby amended to read as follows:

      632.120  1.  The board shall:

      (a) Adopt regulations establishing reasonable standards:

             (1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing.

             (2) Of professional conduct for the practice of nursing.

             (3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.

      (b) Prepare and administer examinations for the issuance of a license under this chapter.

      (c) Investigate and determine the eligibility of an applicant for a license under this chapter.

      (d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.


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

ê1993 Statutes of Nevada, Page 1219 (Chapter 390, AB 211)ê

 

      2.  The board may adopt regulations establishing reasonable:

      (a) Qualifications for the issuance of a license under this chapter.

      (b) Standards for the continuing professional competence of licensees. The board may evaluate licensees periodically for compliance with those standards.

      3.  The board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:

      (a) Investigating licensees and applicants for a license under this chapter;

      (b) Evaluating the professional competence of licensees;

      (c) Conducting hearings pursuant to this chapter;

      (d) Duplicating and verifying records of the board; and

      (e) Surveying, evaluating and accrediting schools of practical nursing, and schools and courses of professional nursing,

and collect the fees established pursuant to this subsection.

      4.  The board may adopt such regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees and nursing assistants.

      5.  The board may adopt such other regulations, not inconsistent with law, as are necessary to enable it to administer the provisions of this chapter.

      Sec. 10.  NRS 632.310 is hereby amended to read as follows:

      632.310  1.  The board may, upon its own motion, and shall, upon the verified complaint in writing of any person, [provided that such a complaint, or such a complaint,] if the complaint alone or together with evidence, documentary or otherwise, presented in connection therewith, makes out a prima facie case, investigate the actions of any licensee or any person who assumes to act as a licensee within the State of Nevada.

      2.  The executive director may, upon receipt of information from a governmental agency, conduct an investigation to determine whether the information represents a prima facie case for referral to the board for its consideration.

 

________

 

 

CHAPTER 391, AB 262

Assembly Bill No. 262—Committee on Commerce

CHAPTER 391

AN ACT relating to the practice of pharmacy; repealing the provisions requiring a permit or license to sell certain hypodermic devices or prophylactic products; repealing certain standards and requirements for prophylactic products; repealing the requirement to record sales of hypodermic devices sold without a prescription; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 639.009 is hereby amended to read as follows:

      639.009  “Manufacturer” means a person who [derives,] :

      1.  Derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug or medicine [or who repackages] ;


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ê1993 Statutes of Nevada, Page 1220 (Chapter 391, AB 262)ê

 

      2.  Repackages any drug or medicine for the purposes of resale [.] ; or

      3.  Produces or makes any devices or appliances that are restricted by federal law to sale by or on the order of a physician.

      Sec. 2.  NRS 639.016 is hereby amended to read as follows:

      639.016  “Wholesaler” means a wholesale distributor as defined by 21 C.F.R. § 205.3(g) who supplies or distributes drugs, medicines [, chemicals or a hypodermic or prophylactic device] or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician to a person other than the consumer or patient. The term includes a person who derives, produces, prepares or repackages drugs, medicines [, chemicals or devices] or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician on sales orders for resale. [“Wholesaler”] The term does not include a nonprofit cooperative agricultural organization which supplies or distributes veterinary drugs and medicines only to its own members.

      Sec. 3.  639.090 is hereby amended to read as follows:

      639.090  The members of the board, its inspectors and investigators are designated and constituted agents for the enforcement and carrying out of the provisions of this chapter, and for this purpose they [shall] are entitled to have free access at all times during business hours to all places where drugs, medicines [, hypodermic devices] or poisons or devices or appliances that are restricted by federal law to sale by or on the order of a physician are held or offered for sale and to all records of sale and disposition of drugs, medicines [, hypodermic devices] or poisons [.] or devices or appliances that are restricted by federal law to sale by or on the order of a physician.

      Sec. 4.  639.170 is hereby amended to read as follows:

      639.170  1.  The board shall charge and collect not more than the following fees for the following services:

 

                                                                                                                           Actual cost

For the examination of an applicant for registration as a                 of the

pharmacist ...........................................................................        examination

For the investigation or registration of an applicant as a registered pharmacist ...........................................................................             $200

For the investigation, examination or registration of an applicant as a registered pharmacist by reciprocity................................               300

For the investigation or issuance of an original license to conduct a retail pharmacy .............................................................................               600

For the biennial renewal of a license to conduct a retail pharmacy         ................................................................................................ 500

For the investigation or issuance of an original license to conduct an institutional pharmacy .......................................................               600

For the biennial renewal of a license to conduct an institutional pharmacy ................................................................................................ 500

For the issuance of an original or duplicate certificate of registration as a registered pharmacist .........................................................                 50

For the biennial renewal of registration as a registered pharmacist        ................................................................................................ 200 For the reinstatement of a lapsed registration (in addition to the fees for renewal of the period of lapse) .......          100

 

 


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ê1993 Statutes of Nevada, Page 1221 (Chapter 391, AB 262)ê

 

For the reinstatement of a lapsed registration (in addition to the fees for renewal of the period of lapse) .........................................               100

For the initial registration of a hospital pharmaceutical technician         ................................................................................................ 50

For the biennial renewal of registration of a hospital pharmaceutical technician ............................................................................                 50

For the investigation or registration of an intern pharmacist                   ................................................................................................ 50

For the biennial renewal of registration as an intern pharmacist             ................................................................................................ 40

For investigation or issuance of an original license to a manufacturer or wholesaler ............................................................................               500

For the biennial renewal of a license for a manufacturer or wholesaler ................................................................................................ 400

[For the investigation or issuance of a license to vend, sell, offer to sell or furnish any hypodermic device ........................................               150

For biennial renewal of a license to vend, sell, offer to sell or furnish any hypodermic device .............................................................              100]

For the reissuance of a license issued to a pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon ...................               100

For the biennial renewal of registration issued to a registered pharmacist placed on inactive status ..................................................               100

For authorization of a practitioner to dispense controlled substances or dangerous drugs, or both .................................................               300

For the biennial renewal of authorization of a practitioner to dispense controlled substances or dangerous drugs, or both ....               300

 

      2.  If a person requests a special service from the board or requests the board to convene a special meeting, he must pay the actual costs to the board as a condition precedent to the rendition of the special service or the convening of the special meeting.

      3.  All fees are payable in advance and are not refundable.

      4.  The board may, by regulation, set the penalty for failure to pay the fee for renewal for any license, permit, authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the fee for renewal for each year of delinquency in addition to the fees for renewal for each year of delinquency.

      Sec. 5.  639.231 is hereby amended to read as follows:

      639.231  1.  An application to conduct a pharmacy [shall] must be made on a form furnished by the board and [shall] must state the name, address, usual occupation and professional qualifications, if any, of the applicant. If the applicant is other than a natural person, the applicant [shall] must state such information as to each person beneficially interested therein.

      2.  As used in subsection 1, and subject to the provisions of subsection 3, the term “person beneficially interested” means:


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

ê1993 Statutes of Nevada, Page 1222 (Chapter 391, AB 262)ê

 

      (a) If the applicant is a partnership or other unincorporated association, each partner or member.

      (b) If the applicant is a corporation, each of its officers, directors and stockholders, provided that no natural person shall be deemed to be beneficially interested in a nonprofit corporation.

      3.  [In any case where] If the applicant is a partnership, unincorporated association or corporation and [where] the number of partners, members or stockholders, as the case may be, exceeds four, the application [shall] must so state, and [shall] must list each of the four partners, members or stockholders who own the four largest interests in the applicant entity and state their percentages of interest. Upon request of the secretary of the board, the applicant shall furnish the board with information as to partners, members or stockholders not named in the application or shall refer the board to an appropriate source of such information.

      4.  The completed application form [shall] must be returned to the board with the fee prescribed by the board, which [shall] may not be refunded. Any application which is not complete as required by the provisions of [the section shall] this section may not be presented to the board for consideration.

      5.  Upon compliance with all the provisions of this section and upon approval of the application by the board, the secretary shall issue a license to the applicant to conduct a pharmacy. Any other provision of law notwithstanding, such a license [shall authorize] authorizes the holder to conduct a pharmacy and to sell and dispense drugs [, hypodermic devices] and poisons [.] and devices and appliances that are restricted by federal law to sale by or on the order of a physician.

      Sec. 6.  NRS 639.233 is hereby amended to read as follows:

      639.233  1.  Any person, including a wholesaler or manufacturer, who engages in the business of wholesale distribution or furnishing controlled substances, poisons, [hypodermic devices or] drugs, devices or appliances that are restricted by federal law to sale by or on the order of a physician to any person located within this state shall obtain a license pursuant to the provisions of this chapter.

      2.  The provisions of subsection 1 do not apply to a wholesaler or manufacturer whose principal place of business is located in another state and who ships controlled substances, drugs, poisons [, hypodermic devices or other] or restricted devices or appliances to a wholesaler or manufacturer located within this state and licensed by the board.

      3.  For the purpose of this section, a person is “engaged in the business of furnishing” if he:

      (a) Solicits or accepts orders for drugs or devices whose sale in this state is restricted by this chapter or chapter 453 or 454 of NRS; or

      (b) Receives, stores or ships such drugs or devices.

      Sec. 7.  NRS 639.234 is hereby amended to read as follows:

      639.234  1.  The acceptance of a license issued pursuant to NRS 639.233 constitutes a consent by the licensee to the inspection of his records maintained inside and outside this state by any authorized representative of the board.

      2.  If such a licensee does not maintain records within this state of his shipments of controlled substances, poisons [, hypodermic devices] or drugs or devices or appliances that are restricted by federal law to sale by or on the order of a physician to persons in this state he shall, on receipt of a written demand from the secretary of the board, furnish a true copy of the records to the board.


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

ê1993 Statutes of Nevada, Page 1223 (Chapter 391, AB 262)ê

 

or devices or appliances that are restricted by federal law to sale by or on the order of a physician to persons in this state he shall, on receipt of a written demand from the secretary of the board, furnish a true copy of the records to the board.

      3.  The board may authorize as its representative any member or representative of the board of pharmacy or similar agency of the state in which the records are located.

      4.  Failure to furnish a true copy of the required records or refusal to permit their inspection is a ground for the revocation or suspension of any license issued pursuant to NRS 639.233.

      Sec. 8.  NRS 454.0092 is hereby amended to read as follows:

      454.0092  “Manufacturer” means a person who [derives,] :

      1.  Derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug [or who repackages] ;

      2.  Repackages any drug for the purpose of resale [.] ; or

      3.  Makes, produces or prepares any device or appliances that are restricted by federal law to sale by or on the order of a physician.

      Sec. 9.  NRS 454.0098 is hereby amended to read as follows:

      454.0098  “Wholesaler” means a wholesale distributor as defined by 21 C.F.R. § 205.3(g) who supplies dangerous drugs [, chemicals or hypodermic or prophylactic devices] or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician to a person other than the consumer or patient. The term does not include:

      1.  A person who derives, produces or prepares medicines, chemicals or devices on sales orders for resale.

      2.  A nonprofit cooperative agricultural organization which supplies or distributes veterinary drugs and medicines only to its own members.

      Sec. 10.  NRS 454.480 is hereby amended to read as follows:

      454.480  1.  Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold by [pharmacists] a pharmacist, or by a person in a pharmacy under the direction of a pharmacist, on the prescription of a physician, dentist or veterinarian, or of an advanced practitioner of nursing who is a practitioner. Those prescriptions must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling must be maintained as required by NRS 454.236 to 454.276, inclusive.

      2.  [Except as otherwise provided in subsection 3, pharmacists and others holding hypodermic permits, unless the permit limits otherwise, may sell hypodermic] Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold without prescription for the following purposes:

      (a) For use in the treatment of persons having asthma or diabetes.

      (b) For use in injecting intramuscular or subcutaneous medications prescribed by a practitioner for the treatment of human beings.

      (c) For use in an ambulance or by a firefighting agency for which a permit is held pursuant to NRS 450B.200 or 450B.210.

      (d) For the injection of drugs in animals or poultry.

      (e) For commercial or industrial use or use by jewelers or other merchants having need for those devices in the conduct of their business, or by hobbyists [when] if the seller is satisfied that the device will be used for legitimate purposes.


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

ê1993 Statutes of Nevada, Page 1224 (Chapter 391, AB 262)ê

 

[when] if the seller is satisfied that the device will be used for legitimate purposes.

      (f) For use by funeral directors and embalmers, licensed medical technicians or technologists, or research laboratories.

      [3.  Only pharmacists may sell without prescription any hypodermic device intended for human use, as set forth in paragraphs (a), (b) and (c) of subsection 2.]

      Sec. 11.  NRS 454.500 is hereby amended to read as follows:

      454.500  The board shall establish, by regulation, the type of devices other than hypodermic needles and syringes that must be sold in compliance with the provisions of NRS [454.470] 454.480 to 454.530, inclusive.

      Sec. 12.  NRS 454.510 is hereby amended to read as follows:

      454.510  It is unlawful for any person to have in his possession or under his control [, or to vend, sell, offer to sell, furnish or otherwise dispose of] any hypodermic device unless he has acquired possession of such device in accordance with the provisions of NRS [454.470] 454.480 to 454.530, inclusive.

      Sec. 13.  NRS 454.520 is hereby amended to read as follows:

      454.520  Any person who has lawfully obtained a hypodermic device, as provided by NRS [454.470] 454.480 to 454.530, inclusive, and uses, permits or causes, directly or indirectly, such a device to be used for any purpose other than that which it was purchased is guilty of a gross misdemeanor.

      Sec. 14.  NRS 454.530 is hereby amended to read as follows:

      454.530  Any person who obtains possession of any hypodermic device by a fraudulent representation, a forged or fictitious name, or in violation of the provisions of NRS [454.470] 454.480 to 454.530, inclusive, is guilty of a gross misdemeanor.

      Sec. 15.  NRS 454.0097, 454.470, 454.490, 454.540, 454.550, 454.560, 454.570, 454.580, 454.590, 454.600, 454.610, 454.620, 454.650, 454.660, 454.670 and 639.014 are hereby repealed.

      Sec. 16.  Sections 1 and 8 of this act become effective at 12:01 a.m. on October 1, 1993.

 

________

 

 


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ê1993 Statutes of Nevada, Page 1225ê

 

CHAPTER 392, AB 349

Assembly Bill No. 349—Committee on Judiciary

CHAPTER 392

AN ACT relating to securities; providing for various changes in regulation; extending the limitation for civil actions; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 90 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The revolving account for investigation, enforcement and education is hereby created as a special account in the state general fund. All money received by the administrator as the result of an action for the enforcement of the provisions of this chapter must be deposited in the state general fund for credit to the account.

      2.  The division shall use the money in the account to pay the expenses involved in:

      (a) Investigations of the division involving securities;

      (b) Actions to enforce the provisions of this chapter; and

      (c) Providing educational programs for the public which are related to the operations of the division.

      3.  The account is restricted to the uses specified, and the balance in the account must be carried forward at the end of each fiscal year.

      4.  Expenses may be advanced from the account by the administrator.

      Sec. 2.  NRS 90.420 is hereby amended to read as follows:

      90.420  1.  The administrator by order may deny, suspend or revoke any license, fine any licensed person [,] or essential employee, limit the activities governed by this chapter that an applicant , [or] licensed person or essential employee may perform in this state, bar an applicant , [or] license person or essential employee from association with a licensed broker-dealer or investment adviser or bar from employment with a licensed broker-dealer or investment adviser a person who is a partner, officer, director , sales representative or investment adviser, or a person occupying a similar status or performing a similar function for an applicant or licensed person if the administrator finds that the order is in the public interest and that the applicant or licensed person or, in the case of a broker-dealer or investment adviser, any partner, officer, director , sales representative, investment adviser, or person occupying a similar status or performing similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser:

      (a) Has filed an application for licensing with the administrator which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;

      (b) Has violated or failed to comply with a provision of this chapter as now or formerly in effect or a regulation or order adopted or issued under this chapter;


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

ê1993 Statutes of Nevada, Page 1226 (Chapter 392, AB 349)ê

 

      (c) Is the subject or an adjudication or determination after notice and opportunity for hearing, within the last 5 years by a securities agency or administrator of another state or a court of competent jurisdiction that the person has violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act or the securities law of any other state, but only if the acts constituting the violation of that state’s law would constitute a violation of this chapter had the acts taken place in this state;

      (d) Within the last 10 years has been convicted of a felony or misdemeanor which the administrator finds:

             (1) Involves the purchase or sale of a security, taking a false oath, making a false report, bribery, perjury, burglary, robbery or conspiracy to commit any of the foregoing offenses;

             (2) Arises out of the conduct of business as a broker-dealer, investment adviser, depository institution, insurance company or fiduciary; or

             (3) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion or misappropriation of money or securities or conspiracy to commit any of the foregoing offenses;

      (e) Is or has been permanently or temporarily enjoined by any court of competent jurisdiction, unless the order has been vacated, from acting as an investment adviser, underwriter, broker-dealer or as an affiliated person or employee of an investment company, depository institution or insurance company or from engaging in or continuing any conduct or practice in connection with any of the foregoing activities or in connection with the purchase or sale of a security;

      (f) Is or has been the subject of an order of the administrator, unless the order has been vacated, denying, suspending or revoking his license as a broker-dealer, sales representative or investment adviser;

      (g) Is or has been the subject of any of the following orders which were issued within the last 5 years, unless the order has been vacated;

             (1) An order by the securities agency or administrator of another state, Canadian province or territory or by the Securities and Exchange Commission or a comparable regulatory agency of another country, entered after notice and opportunity for hearing, denying, suspending or revoking the person’s license as a broker-dealer, sales representative or investment adviser;

             (2) A suspension or expulsion from membership in or association with a member of a self-regulatory organization;

             (3) An order of the United States Postal Service relating to fraud;

             (4) An order to cease and desist entered after notice and opportunity for hearing by the administrator, the securities agency or administrator of another state, Canadian province or territory, the securities and exchange commission or a comparable regulatory agency of another country, or the Commodity Futures Trading Commission; or

             (5) An order by the commodities futures trading commission denying, suspending or revoking registration under the Commodity Exchange Act;

      (h) Has engaged in unethical or dishonest practices in the securities business;


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

ê1993 Statutes of Nevada, Page 1227 (Chapter 392, AB 349)ê

 

      (i) Is insolvent, either in the sense that liabilities exceed assets or in the sense that obligations cannot be met as they mature, but the administrator may not enter an order against a broker-dealer or investment adviser under this subparagraph without a finding of insolvency as to the broker-dealer or investment adviser;

      (j) Is determined by the administrator in compliance with NRS 90.430 not to be qualified on the basis of lack of training, experience and knowledge of the securities business; or

      (k) Has failed reasonably to supervise a sales representative or employee.

      2.  The administrator may not institute a proceeding on the basis of a fact or transaction known to the director when the license became effective unless the proceeding is instituted within 90 days after issuance of the license.

      3.  If the administrator finds that an applicant or licensed person is no longer in existence or his ceased to do business as a broker-dealer, sales representative or investment adviser or is adjudicated mentally incompetent or subjected to the control of a committee, conservator or guardian or cannot be located after reasonable search, the administrator may by order deny the application or revoke the license.

      4.  As used in this section:

      (a) “Essential employee” means a person performing the function of an investment adviser or sales representative, or a similar function, for a licensed person. The term does not include an investment adviser, sales representative or investment adviser representative who holds a license or registration issued in accordance with the provisions of this chapter.

      (b) “Investment adviser representative” means a person who is employed by or under contract with an investment adviser and who:

             (1) Advises another person as to the value of a security or as to the advisability of investing in, purchasing or selling a security;

             (2) Manages the securities account or portfolio of a client;

             (3) Issues or otherwise promulgates analyses or reports concerning securities as a part of his employment or contractual duties;

             (4) Sells services relating to investment advice or solicits, offers or negotiates for the sale of such a service, unless the person is a broker-dealer or sales representative registered in accordance with this chapter; or

             (5) Supervises an employee who performs any of the activities listed in subparagraphs (1) to (4), inclusive.

      Sec. 3.  NRS 90.540 is hereby amended to read as follows:

      90.540  1.  The administrator by regulation may exempt any other security or transaction or class of securities or transactions from NRS 90.460 and 90.560.

      2.  The administrator by regulation may adopt a transactional exemption for limited offerings that will further the objectives of compatibility with the exemptions from securities registration authorized by the Securities Act of 1933 and uniformity among the states.

      3.  The administrator by regulation may require the filing of a notice and the payment of a fee not greater than $250 for an exemption adopted pursuant to this section.


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

ê1993 Statutes of Nevada, Page 1228 (Chapter 392, AB 349)ê

 

      Sec. 4.  NRS 90.620 is hereby amended to read as follows:

      90.620  1.  The administrator may make [any] an investigation, within or [without] outside of this state, as he finds necessary to determine whether a person has violated or is about to violate this chapter or any regulation or order of the administrator under this chapter or to aid in enforcement of this chapter.

      2.  Except as otherwise provided in subsection 4 of NRS 90.730, the administrator may publish information concerning a violation of this chapter or a regulation or order of the administrator under this chapter or concerning types of securities or acts or practices in the offer, sale or purchase of types of securities which may operate as a fraud or deceit.

      3.  For the purposes of an investigation or proceeding under this chapter the administrator or any officer or employee designated by the administrator by regulation or order may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence and require the production by subpena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the administrator determines to be relevant or material to the investigation or proceeding. A person whom the administrator does not consider to be the subject of an investigation is entitled to reimbursement at the rate of 25 cents per page for copies of documents which he is required by subpena to produce. The administrator may require or permit a person to file a statement, under oath or otherwise as the administrator determines, as to the facts and circumstances concerning the matter to be investigated.

      4.  If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter had the activities occurred in this state, the administrator may issue and apply to enforce subpenas in this state at the request of a securities agency or administrator of another state.

      5.  If a person does not testify or produce the documents required by the administrator or a designated officer or employee pursuant to subpena, the administrator or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:

      (a) The district court in and for the county where service may be obtained on the person refusing to testify or produce, if the person is subject to service of process in this state; or

      (b) A court of another state having jurisdiction over the person refusing to testify or produce, if the person is not subject to service of process in this state.

      6.  Not later than the time the administrator requests an order for compliance, the administrator shall either send notice of the request by registered or certified mail, return receipt requested, to the respondent at the last known address or take other steps reasonably calculated to give the respondent actual notice.

      Sec. 5.  NRS 90.640 is hereby amended to read as follows:

      90.640  1.  Upon a showing by the administrator that a person has violated or is about to violate this chapter, or a regulation or order of the administrator under this chapter, the appropriate district court may grant or impose one or more of the following appropriate legal or equitable remedies:


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

ê1993 Statutes of Nevada, Page 1229 (Chapter 392, AB 349)ê

 

      (a) Upon a showing that a person has violated this chapter, or a regulation or order of the administrator under this chapter, the court may [:] singly or in combination:

             (1) Issue a temporary restraining order, permanent or temporary prohibitory or mandatory injunction or a writ of prohibition or mandamus;

             (2) Impose a civil penalty of not more than $2,500 for a single violation or $100,000 for multiple violations in a single proceeding or a series of related proceedings;

             (3) Issue a declaratory judgment;

             (4) Order restitution to investors;

             (5) Provide for the appointment of a receiver or conservator for the defendant or the defendant’s assets; [or]

             (6) Order payment of the division’s investigative costs; or

             (7) Order such other relief as the court deems just.

      (b) Upon a showing that a person is about to violate this chapter, or a regulation or order of the administrator under this chapter, a court may issue:

             (1) A temporary restraining order;

             (2) A temporary or permanent injunction; or

             (3) A writ of prohibition or mandamus.

      2.  In determining the appropriate relief to grant, the court shall consider enforcement actions taken and sanctions imposed by the administrator under NRS 90.630 in connection with the transactions constituting violations of this chapter or a regulation or order of the administrator under this chapter. If a remedial action is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the administrator.

      3.  The court shall not require the administrator to post a bond in an action under this section.

      4.  Upon a showing by the administrator or securities agency of another state that a person has violated the securities act of that state or a regulation or order of the administrator or securities agency of that state, the appropriate district court may grant, in addition to any other legal or equitable remedies, one or more of the following remedies:

      (a) Appointment of a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant’s assets located in this state; or

      (b) Other relief as the court deems just.

      Sec. 6.  NRS 90.670 is hereby amended to read as follows:

      90.670  A person may not sue under NRS 90.660 unless suit is brought within the earliest of 1 year after the discovery of the violation, 1 year after discovery should have been made by the exercise of reasonable care, or [3] 5 years after the act, omission or transaction constituting the violation.

      Sec. 7.  Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

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

ê1993 Statutes of Nevada, Page 1230ê

 

CHAPTER 393, AB 365

Assembly Bill No. 365—Committee on Commerce

CHAPTER 393

AN ACT relating to public information; substituting civil enforcement of access to public books and records for a criminal penalty for denial of access; conferring immunity upon public officers and employees for certain actions in good faith; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  If a request for inspection or copying of a public book or record open to inspection and copying is denied, the requester may apply to the district court in the county in which the book or record is located for an order permitting him to inspect or copy it. The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails, he is entitled to recover his costs and reasonable attorney’s fees in the proceeding from the agency whose officer has custody of the book or record.

      Sec. 3.  A public officer or employee who acts in good faith in disclosing or refusing to disclose information and his employer are immune from liability for damages, either to the requester or to the person whom the information concerns.

      Sec. 4.  NRS 239.010 is hereby amended to read as follows:

      239.010  [1.]  All public books and public records of state, county, city, district, governmental subdivision and quasi-municipal corporation officers and offices of this state (and all departments thereof), the contents of which are not otherwise declared by law to be confidential, [shall] must be open at all times during office hours to inspection by any person, and the [same] books and records may be fully copied or an abstract or memorandum prepared therefrom and any copies, abstracts or memoranda taken therefrom may be utilized to supply the general public with copies, abstracts or memoranda of the records or in any other way in which the [same] books and records may be used to the advantage of the owner thereof or of the general public.

      [2.  Any officer having the custody of any of the public books and public records described in subsection 1 who refuses any person the right to inspect such books and records as provided in subsection 1 is guilty of a misdemeanor.]

      Sec. 5.  NRS 122.040 is hereby amended to read as follows:

      122.040  1.  Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the state. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.


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

ê1993 Statutes of Nevada, Page 1231 (Chapter 393, AB 365)ê

 

office is established in a county office building which is located outside of the county seat.

      2.  Before issuing a marriage license, the county clerk may require evidence that the applicant for the license is of age. The county clerk shall accept a statement under oath by the applicant and the applicant’s parent, if available, that the applicant is of age.

      3.  The county clerk issuing the license shall require the applicant to answer under oath each of the questions contained in the form of license, and, if the applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. If any of the information required is unknown to the person responding to the question, he must state that the answer is unknown.

      4.  If any of the persons intending to marry is under age and has not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

      (a) Personally given before the clerk;

      (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge it; or

      (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

      5.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to him in writing.

      6.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. [Any county clerk who refuses to permit an inspection is guilty of a misdemeanor.]

      7.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

      Sec. 6.  Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1232ê

 

CHAPTER 394, AB 423

Assembly Bill No. 423—Assemblymen Giunchigliani, Price, Bache, Kenny, Myrna Williams, Porter, Arberry, Spitler, Garner, Sader, Anderson, Tiffany, Lambert, Smith, Collins, de Braga, Regan, Perkins, Heller, Chowning, Neighbors, Toomin, McGaughey, Evans, Gregory, Marvel, Haller, Schneider, Bennett, Wendell Williams, Augustine, Ernaut, Carpenter, Petrak, Hettrick, Segerblom, Bonaventura, Humke, Freeman and Dini

CHAPTER 394

AN ACT relating to taxation; establishing the principles to be applied in administering taxes and fees imposed by the state; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      In the adoption of regulations, policies of enforcement, and policies for auditing of taxpayers, with respect to all taxes and fees for whose administration the department is responsible, the Nevada tax commission shall apply the following principles:

      1.  Forms, instructions and regulations governing the computation of the amount of tax due must be brief and easily understood.

      2.  In cases where another authority, such as the United States or a local government, also imposes a tax upon the same property or revenue, the mechanism for collecting the tax imposed by the state must be as nearly compatible with the collection of the other taxes as is feasible.

      3.  Unless a change is made necessary by statute or to preserve compatibility with a tax imposed by another authority, the forms, instructions and regulations must remain the same from year to year, to make the taxpayer’s liability as predictable as is feasible.

      4.  Exemptions or waivers, where permitted by statute, must be granted:

      (a) Equitably among eligible taxpayers; and

      (b) As sparingly as is consistent with the legislative intent, to retain the broadest feasible base for the tax affected.

      5.  Audits and other procedures for enforcement must be applied as uniformly as is feasible, not only as among persons subject to a particular tax but also as among different taxes.

      6.  Collection of taxes due must be pursued in an equitable manner, so that every taxpayer pays the full amount imposed by law.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1233ê

 

CHAPTER 395, AB 463

Assembly Bill No. 463—Committee on Judiciary

CHAPTER 395

AN ACT relating to the abuse of alcohol and drugs; expanding the provision allowing a court to suspend proceedings for certain offenses relating to the possession of controlled substances upon participation in an educational or rehabilitational program to include certain offenses relating to unlawful use of controlled substances and to drugs which may not be introduced into interstate commerce; authorizing courts to establish programs for treatment of the abuse of alcohol or controlled substances; providing standards for programs for the treatment of the abuse of alcohol or controlled substances; expanding the circumstances under which an alcoholic or a drug addict convicted of a crime is eligible to elect treatment for the abuse of alcohol or drugs before sentencing; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A court may establish an appropriate treatment program to which it may assign a person pursuant to NRS 453.3363 or 458.300 or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress towards completion of the program.

      2.  A program to which a court assigns a person pursuant to subsection 1 must include:

      (a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;

      (b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and

      (c) Alternate courses within the program based on the different substances abused and the addictions of participants.

      3.  If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.

      4.  Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.


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

ê1993 Statutes of Nevada, Page 1234 (Chapter 395, AB 463)ê

 

practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

      Sec. 2.  NRS 453.3363 is hereby amended to read as follows:

      453.3363  1.  If a person who has not previously been convicted [within the past 10 years] of any offense under NRS 453.011 to 453.552, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, nolo contendere or similar plea to a charge [of possession of a controlled substance] under NRS 453.336, 453.411 or 454.351, or is found guilty of [that charge,] one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation [. Such a program must include frequent urinalysis to determine that the accused is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.] pursuant to section 1 of this act.

      2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in [paragraph (a) or (d) of subsection 2 of NRS 453.336.] the section under which the accused was charged. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the department of parole and probation solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

      3.  Except as otherwise provided in subsection 4, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made by him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

      4.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.


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

ê1993 Statutes of Nevada, Page 1235 (Chapter 395, AB 463)ê

 

      Sec. 3.  NRS 458.300 is hereby amended to read as follows:

      458.300  Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment [under the supervision of a state-approved facility for the treatment of] for the abuse of alcohol or drugs pursuant to section 1 of this act before he is sentenced unless:

      1.  The crime is a crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS;

      2.  The crime is that of [selling a controlled substance,] trafficking of a controlled [substance, possessing a controlled substance for the purpose of sale, or conspiracy to sell, traffic or possess for the purpose of sale a controlled] substance;

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

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

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

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

      7.  The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment within the preceding 5 years.

      Sec. 4.  1.  This act becomes effective on January 1, 1994.

      2.  The amendatory provisions of this act do not apply to criminal conduct which occurred before January 1, 1994.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1236ê

 

CHAPTER 396, AB 535

Assembly Bill No. 535—Assemblymen Carpenter, Dini, Neighbors, de Braga, Marvel, Gibbons, Ernaut, Segerblom, Collins, Smith and Hettrick

CHAPTER 396

AN ACT relating to state obligations; expanding the class of publicly owned water systems which is eligible to receive a grant for capital improvements; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.983 is hereby amended to read as follows:

      349.983  1.  [Grants] Except as otherwise provided in this subsection, grants may be made to purveyors of water under the program only for those community and nontransient water systems that [are] were in operation and publicly owned on July 3, 1991. A community or nontransient water system which:

      (a) Was in existence on July 3, 1991, as a privately owned, not for profit business; and

      (b) Has since become publicly owned,

is also eligible to receive grants under the program.

      2.  In making its determination of which purveyors of water are to receive grants, the board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.

      3.  Each recipient of a grant shall provide, from a source other than the State of Nevada, an amount of money for the same purpose. The board shall develop a scale to be used to determine that amount, but in no case may the recipient be required to provide an amount less than 15 percent or more than 75 percent of the amount of the grant. The scale must be based upon the average household income of the customers of the recipient, and provide adjustments for the demonstrated economic hardship of those customers, the existence of an imminent risk to public health and any other factor that the board determines to be relevant.

      4.  Except as otherwise provided in subsections 1 and 2, the determination of which purveyors of water are to receive grants is solely within the discretion of the board.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1237ê

 

CHAPTER 397, AB 550

Assembly Bill No. 550—Committee on Transportation

CHAPTER 397

AN ACT relating to regional transportation commissions; revising the authority of a regional transportation commission to adopt regulations for the operation of systems or services financed by the commission; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 373.116 is hereby amended to read as follows:

      373.116  A commission may:

      1.  Acquire and own both real and personal property.

      2.  Exercise the power of eminent domain, if the city or county which has jurisdiction over the property approves, for the acquisition, construction, repair or maintenance of public roads, or for any other purpose related to public mass transportation.

      3.  Sell, lease or convey or otherwise dispose of rights, interests or properties.

      4.  Adopt regulations for:

      (a) Financing eligible activities; and

      (b) The operation of systems or services provided by the commission . [; and

      (c) The operation of special systems by a private contractor, financed by the commission, for the transportation of elderly or handicapped persons, subject to the approval of the regulations by the board of county commissioners in an affected county whose population is less than 400,000.]

      Sec. 2.  NRS 377A.080 is hereby amended to read as follows:

      377A.080  1.  In any county in which a tax for public mass transportation and construction of public roads has been imposed, the board shall by ordinance create a regional transportation commission pursuant to chapter 373 of NRS if one has not already been created under that chapter. Where a regional transportation commission has already been created under that chapter, that commission [shall] may also exercise the powers conferred by this section.

      2.  The regional transportation commission may:

      (a) Appropriate money in the public transit fund accumulated by a county to provide a public transit system for that county if the system is included in a regional transportation plan adopted by the regional transportation commission;

      (b) Appropriate money to provide transportation or to support agencies which are providing transportation for the elderly and [the handicapped] persons with disabilities, if the services [provided by the agencies are part of] are consistent with the regional transportation plan; [and]

      (c) Provide for or perform all functions incident to the administration and operation of the public transit system, including the establishment of fares for the system [.] ; and


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

ê1993 Statutes of Nevada, Page 1238 (Chapter 397, AB 550)ê

 

      (d) Adopt regulations for the operation of systems or services provided by the commission and for systems or services financed by the commission and provided by an agency or a private contractor.

      3.  The commission may draw money out of the public transit fund only for:

      (a) Establishing and maintaining a public transit system for the county and supporting other activities, services and programs related to transportation which are included in a regional transportation plan adopted by the commission;

      (b) Constructing, repairing and maintaining public roads;

      (c) Payment of principal and interest on notes, bonds or other securities issued to provide funds for the cost of projects described in paragraphs (a) and (b); or

      (d) Any combination of those purposes.

 

________

 

 

CHAPTER 398, AB 565

Assembly Bill No. 565—Committee on Transportation

CHAPTER 398

AN ACT relating to vehicle licensing; allowing a different designation of license plates for Pearl Harbor survivors; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.3765 is hereby amended to read as follows:

      482.3765  1.  A person who qualifies pursuant to this section may register one passenger care or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use. A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to a specially designed license plate inscribed with the words PEARL HARBOR VETERAN or PEARL HARBOR SURVIVOR, at the option of the person who qualifies pursuant to this section, and three or four consecutive numbers.

      2.  The department shall issue a specially designed license plate for persons qualified pursuant to this section who submit an application of a form prescribed by the department and evidence of their status as a survivor required by the department.

      3.  If during a registration year, the holder of a special plate issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.


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

ê1993 Statutes of Nevada, Page 1239 (Chapter 398, AB 565)ê

 

      4.  The fee for the special license plate is $25, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The annual fee for a renewal sticker is $5.

 

________

 

 

CHAPTER 399, AB 589

Assembly Bill No. 589—Assemblymen de Braga, Segerblom, Neighbors, Bonaventura, Ernaut, Hettrick, Toomin, Chowning, Anderson, Smith, Wendell Williams, Giunchigliani, Lambert, Humke, Tiffany, Petrak, Carpenter, Freeman, Gibbons, Porter, Bennett and Haller

CHAPTER 399

AN ACT relating to education; requiring the board of regents to establish a program of student teaching and practicum which allows students to participate at schools in the counties in this state; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board of regents shall establish a program of student teaching and practicum which requires a division of the University of Nevada System to enter into agreements with the school districts in this state for the assignment of university students for training purposes as student teachers, counselors or trainees in a library.

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

 

________

 

 

CHAPTER 400, AB 602

Assembly Bill No. 602—Committee on Health and Human Services

CHAPTER 400

AN ACT relating to mentally ill persons; clarifying provisions regarding the reduction of fees for the treatment of indigent clients in state facilities; revising the provisions governing the parties responsible for the payment of the costs of treating a person admitted to a state facility pursuant to a court order; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 433A.590 is hereby amended to read as follows:

      433A.590  1.  Fees for the cost of treatment and services rendered through any division [mental health facility shall] facility must be established pursuant to the fee schedule established by NRS 433.404.


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

ê1993 Statutes of Nevada, Page 1240 (Chapter 400, AB 602)ê

 

      2.  The maximum fee established by the schedule [shall] must approximate the actual [per diem] cost per client for the class of client care provided.

      3.  The fee schedule [shall] must allow for a client to pay a portion of the [maximum fee] actual cost if it is determined that he [is] and his responsible relatives pursuant to NRS 433A.610 are unable to pay the full amount. [Such determination shall] That determination must be made pursuant to NRS 433A.640 [.] and 433A.650.

      4.  Any reduction pursuant to subsection 3 of the amount owed must not be calculated until all of the benefits available to the client from third party sources, other than Medicaid, have been applied to pay the actual cost for the care provided.

      Sec. 2.  NRS 433A.600 is hereby amended to read as follows:

      433A.600  1.  [Every] A person who is admitted to a facility operated by the division and not determined to be indigent and every responsible relative pursuant to NRS 433A.610 of [a person admitted] the person shall be charged for the cost of treatment and is liable for that cost. If after demand is made for payment the person or his responsible relative fails to pay that cost, the administrative officer may recover the amount due by civil action.

      2.  All sums received by the administrative officer of a facility operated by the division pursuant to subsection 1 must be deposited in the state treasury and may be expended by the division for the support of that facility in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 3.  NRS 433A.610 is hereby amended to read as follows:

      433A.610  1.  When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a mentally ill person who is a minor or the husband or wife [or adult child] of a mentally ill person, if of sufficient ability, and the estate of the mentally ill person, if the estate is sufficient for the purpose, shall pay the cost of the mentally ill person’s maintenance, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:

      (a) To the administrative officer if the person is admitted to a division facility; or

      (b) In all other cases, to the hospital rendering the service.

      2.  If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the state is entitled to recover, by appropriate legal action, all money owed to a division facility or which the state has paid to a hospital for the care of a committed person, plus interest at the rate [of 7 percent per annum.] established pursuant to NRS 99.040.

      Sec. 4.  NRS 433A.630 is hereby amended to read as follows:

      433A.630  1.  The administrative officers of the respective division [mental health] facilities may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of clients who are adjudicated mentally incompetent for subsistence, care or other expenses of such clients. Each agreement and bond [shall] must be to the State of Nevada and any action to enforce the [same] agreement or bond may be brought by the administrative officer.


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ê1993 Statutes of Nevada, Page 1241 (Chapter 400, AB 602)ê

 

      2.  Financially responsible relatives pursuant to NRS 433A.610 and the guardian of the estate of [such clients] a client may, from time to time, pay [moneys] money to the division [mental health] facility for the future personnel needs of the mentally incompetent client and for his burial expenses. [Sums so paid shall] Money paid pursuant to this subsection must be credited to the client in the clients’ personal deposit [funds.] fund established pursuant to NRS 433.539.

      Sec. 5.  NRS 433A.640 is hereby amended to read as follows:

      433A.640  1.  Once a court has ordered the admission of a person to a division [mental health] facility, the administrative officer shall make an investigation, pursuant to the provisions of this chapter, to determine whether [or not such] the person or his responsible relatives pursuant to NRS 433A.610 are capable of paying for all or a portion of the costs that will be incurred during [such] the period of admission.

      2.  If [such investigation reveals that the admitted person’s estate or his relatives are capable of paying such costs, the administrative officer may petition the court of admission to modify its original order and require that such estate or relatives pay such expenses if such order did not so provide, or such petition may request increased payments as a result of such investigation.] a person is admitted to a division facility pursuant to a court order, that person and his responsible relatives are responsible for the payment of the actual cost of the treatment and services rendered during his admission to the division facility unless the investigation reveals that the person and his relatives are not capable of paying the full amount of the costs.

      Sec. 6.  NRS 433A.660 is hereby amended to read as follows:

      433A.660  1.  If the client, his responsible relative [or] pursuant to NRS 433A.610, guardian or the estate neglects or refuses to pay the cost of treatment to the division [mental health] facility rendering service pursuant to the fee schedule established by NRS 433.404, the state is entitled to recover by appropriate legal action all sums due, plus interest.

      2.  [Prior to] Before initiating such legal action, the division [mental health] facility shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.

      Sec. 7.  NRS 433A.680 is hereby amended to read as follows:

      433A.680  The expense of diagnostic, medical and surgical services furnished to a client admitted to a division [mental health] facility by [persons] a person not on the staff of the facility, whether rendered while the client is in a general hospital, an outpatient of a general hospital or treated outside any hospital, [shall] must be paid by the client, the guardian or relatives responsible pursuant to NRS 433A.610 for his care . [, or, in] In the case of an indigent client or a client whose estate is inadequate to pay [such expenses, shall be a charge upon] the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the client had, [prior to] before admission, been a resident of [such] that county. The expense of such diagnostic, medical and surgical services [shall] must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the client is admitted payment should be made for nonresident indigent clients and [funds are authorized pursuant to NRS 433.374.]


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ê1993 Statutes of Nevada, Page 1242 (Chapter 400, AB 602)ê

 

facility to which the client is admitted payment should be made for nonresident indigent clients and [funds are authorized pursuant to NRS 433.374.] money is authorized in approved budgets.

      Sec. 8.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 401, AB 609

Assembly Bill No. 609—Committee on Transportation

CHAPTER 401

AN ACT relating to commercial drivers’ licenses; revising the provisions governing the fees for commercial drivers’ licenses to allocate properly the money for defraying the expense of production of the licenses; establishing fees for the renewal of a commercial driver’s license; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.347 is hereby amended to read as follows:

      483.347  1.  The department shall issue a driver’s license which:

      (a) Bears a front view colored photograph of the licensee if he is 21 years of age or older, or a profile view colored photograph if he is under 21 years of age; and

      (b) May be obtained immediately by any applicant upon qualifying therefor, unless the applicant’s current driving record is not immediately available at the issuing office.

      2.  The department shall:

      (a) Establish a uniform procedure for the production of those licenses, applicable to renewal as well as to original licenses.

      (b) Increase the fees provided in NRS 483.410 [and 483.820] , 483.820 and 483.910 by an amount up to $1. The increase must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the increased costs of license production required by this section.

      Sec. 2.  NRS 483.910 is hereby amended to read as follows:

      483.910  1.  The department shall charge and collect the following fees:

 

For an original commercial driver’s license which requires the department to administer a knowledge test and a driving skills test. [$85]       $84

For an original commercial driver’s license which requires the department to administer a knowledge test............................................. [55]          54

For renewal of a commercial driver’s license which requires the department to administer a driving skills test .............................................           84

For renewal of a commercial driver’s license which does not require the department to administer a driving skills test .................. 54 For reinstatement of a commercial driver’s license which requires the department to administer a knowledge test and a driving skills test after suspension, revocation, cancellation or disqualification of the license [85]    84

 


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For reinstatement of a commercial driver’s license which requires the department to administer a knowledge test and a driving skills test after suspension, revocation, cancellation or disqualification of the license .............................................................................................. [85]          84

For reinstatement of a commercial driver’s license which requires the department to administer a knowledge test after suspension, revocation, cancellation or disqualification of the license .............. [55]          54

For the transfer of a commercial driver’s license from another jurisdiction which requires the department to administer a knowledge test and a driving skills test....................................................................................... [85]          84

For the transfer of a commercial driver’s license from another jurisdiction which requires the department to administer a knowledge test [55]       54

For a duplicate commercial driver’s license ............................ [20]          19

For any change of information of a commercial driver’s license ....... [10]      9

For each endorsement added after the issuance of an original commercial driver’s license .................................................................. [15]          14

      2.  The department shall charge and collect an annual fee of $555 from each person who is authorized by the department to administer a driving skills test pursuant to NRS 483.912.

      3.  An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.

      4.  An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.

      5.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      Sec. 3.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 402, AB 617

Assembly Bill No. 617—Committee on Judiciary

CHAPTER 402

AN ACT relating to commercial transactions; adopting the recent revisions of the Uniform Commercial Code concerning commercial paper, bank deposits and collections; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 104 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  1.  In this section:


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      (a) “Fiduciary” means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument.

      (b) “Represented person” means the principal, beneficiary, partnership, corporation or other person to whom the duty stated in paragraph (a) is owed.

      2.  If an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:

      (a) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person.

      (b) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is:

             (1) Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

             (2) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

             (3) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

      (c) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty.

      (d) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is:

             (1) Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

             (2) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

             (3) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

      Sec. 3.  1.  A person not in possession of an instrument is entitled to enforce the instrument if:

      (a) He was in possession of the instrument and entitled to enforce it when loss of possession occurred;

      (b) The loss of possession was not the result of a transfer by him or a lawful seizure; and

      (c) He cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

      2.  A person seeking enforcement of an instrument under subsection 1 must prove the terms of the instrument and his right to enforce the instrument. If that proof is made, NRS 104.3307 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument.


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ê1993 Statutes of Nevada, Page 1245 (Chapter 402, AB 617)ê

 

in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

      Sec. 4.  1.  Unless otherwise agreed, if a certified check, cashier’s check or teller’s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an endorser of the instrument.

      2.  Unless otherwise agreed and except as otherwise provided in subsection 1, if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:

      (a) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.

      (b) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.

      (c) Except as otherwise provided in paragraph (d), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.

      (d) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee’s rights against the obligor are limited to enforcement of the instrument.

      3.  If an instrument other than one described in subsection 1 or 2 is taken for an obligation, the effect is:

      (a) That stated in subsection 1 if the instrument is one on which a bank is liable as maker or acceptor; or

      (b) That stated in subsection 2 in any other case.

      Sec. 5.  1.  If a person against whom a claim is asserted proves that he in good faith tendered an instrument to the claimant as full satisfaction of the claim, the amount of the claim was unliquidated or subject to a bona fide dispute, and the claimant obtained payment of the instrument, subsections 2, 3 and 4 apply.

      2.  Unless subsection 3 applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.


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      3.  Except as otherwise provided in subsection 4, a claim is not discharged under subsection 2 if either of the following applies:

      (a) The claimant, if an organization, proves that:

             (1) Within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office or place; and

             (2) The instrument or accompanying communication was not received by that designated person, office or place.

      (b) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with subparagraph (1) of paragraph (a).

      4.  A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

      Sec. 6.  1.  This section does not apply to cashier’s checks or other drafts drawn on the drawer.

      2.  If an unaccepted draft is dishonored, the drawer is obliged to pay the draft:

      (a) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; or

      (b) If the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in NRS 104.3115 and 104.3407.

The obligation is owed to a person entitled to enforce the draft or to an endorser who paid the draft under NRS 104.3414.

      3.  If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.

      4.  If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an endorser under subsections 1 and 3 of NRS 104.3414.

      5.  If a draft states that it is drawn “without recourse” or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection 2 to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection 2 is not effective if the draft is a check.

      6.  If a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, the drawee suspends payments after expiration of the 30-day period without paying the check, and because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge his obligation to pay the check by assigning to the person entitled to enforce the check his rights against the drawee with respect to the funds.


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ê1993 Statutes of Nevada, Page 1247 (Chapter 402, AB 617)ê

 

      Sec. 6.5.  1.  In this section:

      (a) “Check” means a cashier’s check, teller’s check or certified check.

      (b) “Claimant” means a person who claims the right to receive the amount of a cashier’s check, teller’s check or certified check that was lost, destroyed or stolen.

      (c) “Declaration of loss” means a written statement, made under penalty of perjury, to the effect that:

             (1) The declarer lost possession of a check;

             (2) The declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier’s check or teller’s check;

             (3) The loss of possession was not the result of a transfer by the declarer or a lawful seizure; and

             (4) The declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

      (d) “Obligated bank” means the issuer of a cashier’s check or teller’s check or the acceptor of a certified check.

      2.  A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if:

      (a) The claimant is the drawer or payee of a certified check or the remitter or payee of a cashier’s check or teller’s check;

      (b) The communication contains or is accompanied by a declaration of loss of the claimant with respect to the check;

      (c) The communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid; and

      (d) The claimant provides reasonable identification if requested by the obligated bank.

      3.  Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply:

      (a) The claim becomes enforceable at the later of:

             (1) The time the claim is asserted; or

             (2) The 90th day following the date of the check, in the case of a cashier’s check or teller’s check, or the 90th day following the date of the acceptance, in the case of a certified check.

      (b) Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller’s check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check.

      (c) If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check.

      (d) When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to paragraph (a) of subsection 1 of NRS 104.4302, payment to the claimant discharges all liability of the obligated bank with respect to the check.


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ê1993 Statutes of Nevada, Page 1248 (Chapter 402, AB 617)ê

 

paragraph (a) of subsection 1 of NRS 104.4302, payment to the claimant discharges all liability of the obligated bank with respect to the check.

      4.  If the obligated bank pays the amount of a check to a claimant under paragraph (d) of subsection 2 and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to refund the payment to the obligated bank if the check is paid, or pay the amount of the check to the person having rights of a holder in due course if the check is dishonored.

      5.  If a claimant has the right to assert a claim under subsection 2 and is also a person entitled to enforce a cashier’s check, teller’s check or certified check which is lost, destroyed or stolen, the claimant may assert rights with respect to the check either under this section or section 3 of this act.

      Sec. 7.  1.  If an item states that it is “payable through” a bank identified in the item:

      (a) The item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and

      (b) The item may be presented for payment only by or through the bank.

      2.  If an item states that it is “payable at” a bank identified in the item, the item is equivalent to a draft drawn on the bank.

      Sec. 8.  1.  “Agreement for electronic presentment” means an agreement, clearinghouse rule or Federal Reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item (“presentment notice”) rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor and other matters concerning items subject to the agreement.

      2.  Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received.

      3.  If presentment is made by presentment notice, a reference to “item” or “check” in NRS 104.4101 to 104.4504, inclusive, and this section and sections 7 and 9 of this act means the presentment notice unless the context otherwise indicates.

      Sec. 9.  An action to enforce an obligation, duty or right arising under NRS 104.4101 to 104.4504, inclusive, and this section and sections 7 and 8 of this act must be commenced within three years after the cause of action accrues.

      Sec. 10.  1.  If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith that:

      (a) The warrantor is, or was at the time he transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;

      (b) The draft has not been altered; and

      (c) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized.

      2.  A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment.


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ê1993 Statutes of Nevada, Page 1249 (Chapter 402, AB 617)ê

 

the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft:

      (a) Breach of warranty is a defense to the obligation of the acceptor; and

      (b) If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection.

      3.  If a drawee asserts a claim for breach of warranty under subsection 1 based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under NRS 104.3402 or 104.3405 or the drawer is precluded under NRS 104.3406 or 104.4406 from asserting against the drawee the unauthorized endorsement or alteration.

      4.  If a dishonored draft is presented for payment to the drawer or an endorser, or any other item is presented for payment to a party obliged to pay the item, and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was at the time he transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.

      5.  The warranties stated in subsections 1 and 4 cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.

      6.  A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.

      Sec. 11.  1.  A person who encodes information on or with respect to an item after issue, warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty.

      2.  A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty.

      3.  A person to whom warranties are made under this section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach.

      Sec. 12.  NRS 104.1201 is hereby amended to read as follows:

      104.1201  Subject to additional definitions contained in the subsequent articles of this chapter which are applicable to specific articles or parts thereof, and unless otherwise requires, in this chapter:


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ê1993 Statutes of Nevada, Page 1250 (Chapter 402, AB 617)ê

 

      1.  “Action” in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity and any other proceedings in which rights are determined.

      2.  “Aggrieved party” means a party entitled to resort to a remedy.

      3.  “Agreement” means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter (NRS 104.1205 and 104.2208). Whether an agreement has legal consequences is determined by the provisions of this chapter, if applicable; otherwise by the law of contracts (NRS 104.1103). (Compare “contract.”)

      4.  “Bank” means any person engaged in the business of banking.

      5.  “Bearer” means the person in possession of an instrument, document of title, or security payable to bearer or endorsed in blank.

      6.  “Bill of lading” means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill. “Airbill” means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill.

      7.  “Branch” includes a separately incorporated foreign branch of a bank.

      8.  “Burden of establishing” a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.

      9.  “Buyer in ordinary course of business” means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. All persons who sell minerals or the like (including oil and gas) at wellhead or minehead shall be deemed to be persons in the business of selling goods of that kind. “Buying” may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

      10.  A term or clause is “conspicuous” when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading capitals (as: NONNEGOTIABLE BILL OF LADING) is “conspicuous.” Language in the body of a form is “conspicuous” if it is in larger or other contrasting type or color. But in a telegram any stated term is “conspicuous.” Whether a term or clause is “conspicuous” or not is for decision by the court.

      11.  “Contract” means the total legal obligation which results from the parties’ agreement as affected by this chapter and any other applicable rules of law. (Compare “agreement.”)

      12.  “Creditor” includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity and an executor or administrator of an insolvent debtor’s or assignor’s estate.

      13.  “Defendant” includes a person in the position of defendant in a cross-action or counterclaim.


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ê1993 Statutes of Nevada, Page 1251 (Chapter 402, AB 617)ê

 

      14.  “Delivery” with respect to instruments, documents of title, chattel paper or securities means voluntary transfer of possession.

      15.  “Document of title” includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee’s possession which are either identified or are fungible portions of an identified mass.

      16.  “Fault” means wrongful act, omission or breach.

      17.  “Fungible” with respect to goods or securities means goods or securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. Goods which are not fungible shall be deemed fungible for the purposes of this chapter to the extent that under a particular agreement or document unlike units are treated as equivalents.

      18.  “Genuine” means free of forgery or counterfeiting.

      19.  “Good faith” means honesty in fact in the conduct or transaction concerned.

      20.  “Holder” [means a person who is in possession of a document of title or an instrument or an investment security drawn, issued or endorsed to him or to his order or to bearer or in blank.] with respect to a negotiable instrument means the person in possession if the instrument is payable to bearer or, in the case of an instrument payable to an identified person, if the identified person is in possession. “Holder” with respect to a document of title means the person in possession if the goods are deliverable to bearer or to the order of the person in possession.

      21.  To “honor” is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit.

      22.  “Insolvency proceedings” includes any assignment for the benefit of creditors or other proceedings intended to liquidate or rehabilitate the estate of the person involved.

      23.  A person is “insolvent” who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is insolvent within the meaning of the federal bankruptcy law.

      24.  “Money” means a medium of exchange authorized or adopted by a domestic or foreign government [as a part of its currency.] and includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more nations.

      25.  A person has “notice” of a fact when:

      (a) He has actual knowledge of it;

      (b) He has received a notice or notification of it; or

      (c) From all the facts and circumstances known to him at the time in question he has reasons to know that it exists.

A person “knows” or has “knowledge” of a fact when he has actual knowledge of it. “Discover” or “learn” or a word or phrase of similar import refers to knowledge rather than to reason to know.


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ê1993 Statutes of Nevada, Page 1252 (Chapter 402, AB 617)ê

 

refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this chapter.

      26.  A person “notifies” or “gives” a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person “receives” a notice or notification when:

      (a) It comes to his attention; or

      (b) It is delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications.

      27.  Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the person conducting that transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require a person acting for the organization to communicate information unless such communication is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information.

      28.  “Organization” includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.

      29.  “Party,” as distinct from “third party,” means a person who has engaged in a transaction or made an agreement within this chapter [.] or chapter 104A of NRS.

      30.  “Presumption” or “presumed” means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

      31.  “Purchase” includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift or any other voluntary transaction creating an interest in property.

      32.  “Purchaser” means a person who takes by purchase.

      33.  “Remedy” means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

      34.  “Representative” includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another.

      35.  “Rights” includes remedies.

      36.  “Security interest” means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (NRS 104.2401) is limited in effect to a reservation of a “security interest.” The term also includes any interest of a buyer of accounts or chattel paper which is subject to article 9. The special property interest of a buyer of goods on identification of such goods to a contract for sale under NRS 104.2401 is not a “security interest,” but a buyer may also acquire a “security interest” by complying with article 9.


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ê1993 Statutes of Nevada, Page 1253 (Chapter 402, AB 617)ê

 

NRS 104.2401 is not a “security interest,” but a buyer may also acquire a “security interest” by complying with article 9. Unless a consignment is intended as security, reservation of title thereunder is not a “security interest” but a consignment is in any event subject to the provisions on consignment sales (NRS 104.2326). Whether a transaction creates a lease or security interest is determined by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and:

      (a) The original term of the lease is equal to or greater than the remaining economic life of the goods;

      (b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods;

      (c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement; or

      (d) The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement.

      37.  A transaction does not create a security interest merely because it provides that:

      (a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into;

      (b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording or registration fees, or service or maintenance costs with respect to the goods;

      (c) The lessee has an option to renew the lease or to become the owner of the goods;

      (d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or

      (e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.

      38.  For the purposes of this subsection and subsections 36 and 37:

      (a) Additional consideration is not nominal if:

             (1) When the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or

             (2) When the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed.

Additional consideration is nominal if it is less than the lessee’s reasonably predictable cost of performing under the lease agreement if the option is not exercised.


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ê1993 Statutes of Nevada, Page 1254 (Chapter 402, AB 617)ê

 

      (b) “Reasonably predictable” and “remaining economic life of the goods” are to be determined with reference to the facts and circumstances at the time the transaction is entered into.

      (c) “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.

      39.  “Send” in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances. The receipt of any writing or notice within the time at which it would have arrived if properly sent has the effect of a proper sending.

      40.  “Signed” includes any symbol executed or adopted by a party with present intention to authenticate a writing.

      41.  “Surety” includes guarantor.

      42.  “Telegram” includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like.

      43.  “Term” means that portion of an agreement which relates to a particular matter.

      44.  “Unauthorized” signature [or endorsement] means one made without actual, implied or apparent authority and includes a forgery.

      45.  Except as otherwise provided with respect to negotiable instruments and bank collections (NRS 104.3303, 104.4208 and 104.4209) a person gives “value” for rights if he acquires them:

      (a) In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;

      (b) As security for or in total or partial satisfaction of a preexisting claim;

      (c) By accepting delivery pursuant to a preexisting contract for purchase; or

      (d) Generally, in return for any consideration sufficient to support a simple contract.

      46.  “Warehouse receipt” means a receipt issued by a person engaged in the business of storing goods for hire.

      47.  “Written” or “writing” includes printing, typewriting or any other intentional reduction to tangible form.

      Sec. 13.  NRS 104.1207 is hereby amended to read as follows:

      104.1207  1.  A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest” or the like are sufficient.

      2.  Subsection 1 does not apply to an accord and satisfaction.


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ê1993 Statutes of Nevada, Page 1255 (Chapter 402, AB 617)ê

 

      Sec. 14.  NRS 104.2511 is hereby amended to read as follows:

      104.2511  1.  Unless otherwise agreed tender of payment is a condition to the seller’s duty to tender and complete any delivery.

      2.  Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.

      3.  [Subject to the provisions of this chapter on the effect of an instrument on an obligation (NRS 104.3802), payment] Payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.

      Sec. 15.  NRS 104.3101 is hereby amended to read as follows:

      104.3101  This article [shall be known and] may be cited as Uniform Commercial Code—Commercial Paper.

      Sec. 16.  NRS 104.3102 is hereby amended to read as follows:

      104.3102  1.  In this article [unless the context otherwise requires:

      (a) “Issue” means the first delivery of an instrument to a holder or a remitter.

      (b) An “order” is a direction to pay and must be more than an authorization or request. It must identify the person to pay with reasonable certainty. It may be addressed to one or more such persons jointly or in the alternative but not in succession.

      (c) A “promise” is an undertaking to pay and must be more than an acknowledgment of an obligation.

      (d) “Secondary party” means a drawer or endorser.

      (e) “Instrument” means a negotiable instrument.

      2.  Other definitions applying to this article and the sections in which they appear are:

“Acceptance.” NRS 104.3410.

“Accommodation party.” NRS 104.3415.

“Alteration.” NRS 104.3407.

“Certificate of deposit.” NRS 104.3104.

“Certification.” NRS 104.3411.

“Check.” NRS 104.3104.

“Definite time.” NRS 104.3109.

“Dishonor.” NRS 104.3507.

“Draft.” NRS 104.3104.

“Holder in due course.” NRS 104.3302.

“Negotiation.” NRS 104.3202.

“Note.” NRS 104.3104.

“Notice of dishonor.” NRS 104.3508.

“On demand.” NRS 104.3108.

“Presentment.” NRS 104.3504.

“Protest.” NRS 104.3509.

“Restrictive endorsement.” NRS 104.3205.

“Signature.” NRS 104.3401.] :

      (a) “Acceptor” means a drawee who has accepted a draft.

      (b) “Drawee” means a person ordered in a draft to make payment.


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ê1993 Statutes of Nevada, Page 1256 (Chapter 402, AB 617)ê

 

      (c) “Drawer” means a person who signs or is identified in a draft as a person ordering payment.

      (d) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.

      (e) “Maker” means a person who signs or is identified in a note as a person undertaking to pay.

      (f) “Order” means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.

      (g) “Ordinary care” in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which he is located, with respect to the business in which he is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate its prescribed procedures and its procedures do not vary unreasonably from general banking usage not disapproved by this article or article 4.

      (h) “Party” means a party to an instrument.

      (i) “Promise” means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.

      (j) “Prove” with respect to a fact means to meet the burden of establishing the fact (subsection 8 of NRS 104.1201).

      (k) “Remitter” means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.

      2.  Other definitions applying to this article and the sections in which they appear are:

“Acceptance.” NRS 104.3410.

“Accommodated party.” NRS 104.3415.

“Accommodation party.” NRS 104.3415.

“Alteration.” NRS 104.3407.

“Anomalous endorsement.” NRS 104.3204.

“Blank endorsement.” NRS 104.3204.

“Cashier’s check.” NRS 104.3104.

“Certificate of deposit.” NRS 104.3104.

“Certified check.” NRS 104.3410.

“Check.” NRS 104.3104.

“Consideration.” NRS 104.3303.

“Draft.” NRS 104.3104.

“Endorsement.” NRS 104.3203.

“Endorser.” NRS 104.3203.

“Holder in due course.” NRS 104.3302.

“Incomplete instrument.” NRS 104.3115.

“Instrument.” NRS 104.3104.

“Issue.” NRS 104.3106.

“Issuer.” NRS 104.3106.


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ê1993 Statutes of Nevada, Page 1257 (Chapter 402, AB 617)ê

 

“Negotiable instrument.” NRS 104.3104.

“Negotiation.” NRS 104.3202.

“Note.” NRS 104.3104.

“Payable at a definite time.” NRS 104.3108.

“Payable on demand.” NRS 104.3108.

“Payable to bearer.” NRS 104.3110.

“Payable to order.” NRS 104.3110.

“Payment.” NRS 104.3603.

“Person entitled to enforce.” NRS 104.3301.

“Presentment.” NRS 104.3504.

“Reacquisition.” NRS 104.3206.

“Special endorsement.” NRS 104.3204.

“Teller’s check.” NRS 104.3104.

“Transfer of instrument.” NRS 104.3201.

“Traveler’s check.” NRS 104.3104.

“Value.” NRS 104.3303.

      3.  The following definitions in other articles apply to this article:

[“Account.” NRS 104.4104.] “Bank.” NRS 104.4105.

“Banking day.” NRS 104.4104.

“Clearing house.” NRS 104.4104.

“Collecting bank.” NRS 104.4105.

“Customer.” NRS 104.4104.

“Depositary bank.” NRS 104.4105.

“Documentary draft.” NRS 104.4104.

“Intermediary bank.” NRS 104.4105.

“Item.” NRS 104.4104.

[“Midnight deadline.” NRS 104.4104.]

“Payor bank.” NRS 104.4105.

“Suspends payments.” NRS 104.4104.

      4.  In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.

      Sec. 17.  NRS 104.3103 is hereby amended to read as follows:

      104.3103  1.  This article [does not apply to money, documents of title or investment securities.

      2.  The provisions of this article are subject to the provisions of the article on bank deposits and collections (article 4) and secured transactions (article 9).] applies to negotiable instruments. It does not apply to money, to payment orders governed by article 4A, or to securities governed by article 8.

      2.  If there is conflict between this article and article 4 or 9, articles 4 and 9 govern.

      3.  Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve banks supersede any inconsistent provision of this article to the extent of the inconsistency.

      Sec. 18.  NRS 104.3104 is hereby amended to read as follows:

      104.3104  1.  [Any writing to be a negotiable instrument within this article must:

      (a) Be signed by the marker or drawer; and


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ê1993 Statutes of Nevada, Page 1258 (Chapter 402, AB 617)ê

 

      (b) Contain an unconditional promise or order to pay a sum certain in money and no other promise, order, obligation or power given by the maker or drawer except as authorized by this article; and

      (c) Be payable on demand or at a definite time; and

      (d) Be payable to order or to bearer.

      2.  A writing which complies with the requirements of this section is:

      (a) A “draft” (“bill of exchange”) if it is an order.

      (b) A “check” if it is a draft drawn on a bank and payable on demand.

      (c) A “certificate of deposit” if it is an acknowledgment by a bank of receipt of money with an engagement to repay it.

      (d) A “note” if it is a promise other than a certificate of deposit.

      3.  As used in other articles of this chapter, and as the context may require, the term “draft,” “check,” “certificate of deposit” and “note” may refer to instruments which are not negotiable within this article as well as to instruments which are so negotiable.] Except as otherwise provided in subsections 3 and 4, “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

      (a) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

      (b) Is payable on demand or at a definite time; and

      (c) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain:

             (1) An undertaking or power to give, maintain or protect collateral to secure payment;

             (2) An authorization or power to the holder to confess judgment or realize on or dispose of collateral; or

             (3) A waiver of the benefit of any law intended for the advantage or protection of an obligor.

      2.  “Instrument” means a negotiable instrument.

      3.  An order that meets all of the requirements of subsection 1, except paragraph (a), and otherwise falls within the definition of “check” in subsection 6 is a negotiable instrument and a check.

      4.  A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this article.

      5.  An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat it as either.

      6.  “Check” means:

      (a) A draft, other than a documentary draft, payable on demand and drawn on a bank; or

      (b) A cashier’s check or teller’s check.

An instrument may be a check even though it is described on its face by another term, such as “money order.”

      7.  “Cashier’s check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.


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ê1993 Statutes of Nevada, Page 1259 (Chapter 402, AB 617)ê

 

      8.  “Teller’s check” means a draft drawn by a bank:

      (a) On another bank; or

      (b) Payable at or through a bank.

      9.  “Traveler’s check” means an instrument that:

      (a) Is payable on demand;

      (b) Is drawn on or payable at or through a bank;

      (c) Is designated by the term “traveler’s check” or by a substantially similar term; and

      (d) Requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

      10.  “Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

      Sec. 19.  NRS 104.3105 is hereby amended to read as follows:

      104.3105  1.  [A promise or order otherwise unconditional is not made conditional by the fact that the instrument:

      (a) Is subject to implied or constructive conditions; or

      (b) States its consideration, whether performed or promised, or the transaction which gave rise to the instrument, or that the promise or order is made or the instrument matures in accordance with or “as per” such transaction; or

      (c) Refers to or states that it arises out of a separate agreement or refers to a separate agreement for rights as to repayment or acceleration; or

      (d) States that it is drawn under a letter of credit; or

      (e) States that it is secured, whether by mortgage, reservation of title or otherwise; or

      (f) Indicates a particular account to be debited or any other fund or source from which reimbursement is expected; or

      (g) Is limited to payment out of a particular fund or the proceeds of a particular source, if the instrument is issued by a government or governmental agency or unit; or

      (h) Is limited to payment out of the entire assets of a partnership, unincorporated association, trust or estate by or on behalf of which the instrument is issued.

      2.  A promise or order is not unconditional if the instrument:

      (a) States that it is subject to or governed by any other agreement; or

      (b) States that it is to be paid only out of a particular fund or source except as provided in this section.] Except as otherwise provided in this section, for the purposes of subsection 1 of NRS 104.3104, a promise or order is unconditional unless it states:

      (a) An express condition to payment;

      (b) That the promise or order is subject to or governed by another writing; or

      (c) That rights or obligations with respect to the promise or order are stated in another writing.

A reference to another writing does not of itself make the promise or order conditional.


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ê1993 Statutes of Nevada, Page 1260 (Chapter 402, AB 617)ê

 

      2.  A promise or order is not made conditional by a reference to another writing for a statement of rights with respect to collateral, prepayment or acceleration, or because payment is limited to resort to a particular fund or source.

      3.  If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of subsection 1 of NRS 104.3104. If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.

      4.  If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of subsection 1 of NRS 104.3104; but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.

      Sec. 20.  NRS 104.3106 is hereby amended to read as follows:

      104.3106  1.  [The sum payable is a sum certain even though it is to be paid:

      (a) With stated interest or by stated installments;

      (b) With stated different rates of interest before and after default or a specified date;

      (c) With a stated discount or addition if paid before or after the date fixed for payment;

      (d) With exchange or less exchange, whether at a fixed rate or at the current rate; or

      (e) With costs of collection or an attorney’s fee, or both, upon default.

      2.  A rate of interest that cannot be calculated by looking only to the instrument is a stated rate of interest for the purposes of subsection 1 if the rate is readily ascertainable by reference in the instrument to a published statute, regulation, rule of court, generally accepted commercial or financial index, compendium of interest rates, or announced or established rate of a named financial institution.

      3.  Nothing in this section shall validate any term which is otherwise illegal.] “Issue” means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.

      2.  An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure to the condition or special purpose to be fulfilled is a defense.

      3.  “Issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.


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ê1993 Statutes of Nevada, Page 1261 (Chapter 402, AB 617)ê

 

      Sec. 21.  NRS 104.3107 is hereby amended to read as follows:

      104.3107  [1.  An instrument is payable in money if the medium of exchange in which it is payable is money at the time the instrument is made. An instrument payable in “currency” or “current funds” is payable in money.

      2.  A promise or order to pay a sum stated in a foreign currency is for a sum certain in money and, unless a different medium of payment is specified in the instrument, may be satisfied by payment of that number of dollars which the stated foreign currency will purchase at the buying sight rate for that currency on the day on which the instrument is payable or, if payable on demand, on the day of demand. If such an instrument specifies a foreign currency as the medium of payment the instrument is payable in that currency.] Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.

      Sec. 22.  NRS 104.3108 is hereby amended to read as follows:

      104.3108  [Instruments payable on demand include those payable at sight or on presentation and those in which no time for payment is stated.]

      1.  A promise or order is “payable on demand” if it:

      (a) States that it is payable on demand or at sight;

      (b) Otherwise indicates that it is payable at the will of the holder; or

      (c) Does not state any time of payment.

      2.  A promise or order is “payable at a definite time” if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of prepayment, acceleration, extension at the option of the holder or extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.

      3.  If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date.

      Sec. 23.  NRS 104.3109 is hereby amended to read as follows:

      104.3109  1.  [An instrument is payable at a definite time if by its terms it is payable:

      (a) On or before a stated date or at a fixed period after a stated date; or

      (b) At a fixed period after sight; or

      (c) At a definite time subject to any acceleration; or

      (d) At a definite time subject to extension at the option of the holder, or to extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.

      2.  An instrument which by its terms is otherwise payable only upon an act or event uncertain as to time of occurrence is not payable at a definite time even though the act or event has occurred.] The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person.


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even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.

      2.  If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.

      3.  A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office or account number. For the purpose of determining the holder of an instrument, the following rules apply:

      (a) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.

      (b) If an instrument is payable to:

             (1) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named;

             (2) A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative or a successor of the representative;

             (3) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or

             (4) An office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office or a successor to the incumbent.

      4.  If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.

      Sec. 24.  NRS 104.3110 is hereby amended to read as follows:

      104.3110  1.  [An instrument is payable to order when by its terms it is payable to the order or assigns of any person therein specified with reasonable certainty, or to him or his order, or when it is conspicuously designated on its face as “exchange” or the like and names a payee. It may be payable to the order of:

      (a) The maker or drawer; or

      (b) The drawee; or

      (c) A payee who is not maker, drawer or drawee; or

      (d) Two or more payees together or in the alternative; or


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ê1993 Statutes of Nevada, Page 1263 (Chapter 402, AB 617)ê

 

      (e) An estate, trust or fund, in which case it is payable to the order of the representative of such estate, trust or fund or his successors; or

      (f) An office, or an officer by his title as such, in which case it is payable to the principal, but the incumbent of the office or his successors may act as if he or they were the holder; or

      (g) A partnership or unincorporated association, in which case it is payable to the partnership or association and may be endorsed or transferred by any person thereto authorized.

      2.  An instrument not payable to order is not made so payable by such words as “payable upon return of this instrument properly endorsed.”

      3.  An instrument made payable both to order and to bearer is payable to order unless the bearer words are handwritten or typewritten.] A promise or order is payable to bearer if it:

      (a) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;

      (b) Does not state a payee; or

      (c) States that is is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.

      2.  A promise or order that is not payable to bearer is payable to order if it is payable to the order of an identified person or to an identified person or order. A promise or order that is payable to order is payable to the identified person.

      3.  An instrument payable to bearer may become payable to an identified person if it is specially endorsed pursuant to subsection 1 of NRS 104.3204. An instrument payable to an identified person may become payable to bearer if it is endorsed in blank pursuant to subsection 2 of NRS 104.3204.

      Sec. 25.  NRS 104.3111 is hereby amended to read as follows:

      104.3111  [An instrument is payable to bearer when by its terms it is payable to:

      1.  Bearer or the order of bearer; or

      2.  A specified person or bearer; or

      3.  “Cash” or the order of “cash,” or any other indication which does not purport to designate a specific payee.] Except as otherwise provided for items in article 4, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker.

      Sec. 26.  NRS 104.3112 is hereby amended to read as follows:

      104.3112  1.  [The negotiability of an instrument is not affected by:

      (a) The omission of a statement of any consideration or of the place where the instrument is drawn or payable; or

      (b) A statement that collateral has been given to secure obligations either on the instrument or otherwise of an obligor on the instrument or that in case of default on those obligations the holder may realize on or dispose of the collateral; or

 


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of default on those obligations the holder may realize on or dispose of the collateral; or

      (c) A promise or power to maintain or protect collateral or to give additional collateral; or

      (d) A term authorizing a confession of judgment on the instrument if it is not paid when due; or

      (e) A term purporting to waive the benefit of any law intended for the advantage or protection of any obligor; or

      (f) A term in a draft providing that the payee by endorsing or cashing it acknowledges full satisfaction of an obligation of the drawer; or

      (g) A statement in a draft drawn in a set of parts (NRS 104.3801) to the effect that the order is effective only if no other part has been honored.

      2.  Nothing in this section shall validate any term which is otherwise illegal.] Unless otherwise provided in the instrument:

      (a) An instrument is not payable with interest; and

      (b) Interest on an interest-bearing instrument is payable from the date of the instrument.

      2.  Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.

      Sec. 27.  NRS 104.3113 is hereby amended to read as follows:

      104.3113  [An instrument otherwise negotiable is within this article even though it is under a seal.] If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.

      Sec. 28.  NRS 104.3114 is hereby amended to read as follows:

      104.3114  1.  [The negotiability of an instrument is not affected by the fact that it is undated, antedated or postdated.

      2.  Where an instrument is antedated or postdated the time when it is payable is determined by the stated date if the instrument is payable on demand or at a fixed period after date.

      3.  Where the instrument or any signature thereon is dated, the date is presumed to be correct.] An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as otherwise provided in subsection 3 of NRS 104.4401, an instrument payable on demand is not payable before the date of the instrument.

      2.  If an instrument is undated, its date is the date on its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.

      Sec. 29.  NRS 104.3115 is hereby amended to read as follows:

      104.3115  1.  [When a paper whose contents at the time of signing show that it is intended to become an instrument is signed while still incomplete in any necessary respect it cannot be enforced until completed, but when it is completed in accordance with authority given it is effective as completed.


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      2.  If the completion is unauthorized the rules as to material alteration apply (NRS 104.3407), even though the paper was not delivered by the maker or drawer; but the burden of establishing that any completion is unauthorized is on the party so asserting.] “Incomplete instrument” means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.

      2.  Except as otherwise provided in subsection 3, if an incomplete instrument is an instrument under NRS 104.3104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under NRS 104.3104, but, after completion, the requirements of NRS 104.3104 are met, the instrument may be enforced according to its terms as augmented by completion.

      3.  If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under NRS 104.3407.

      4.  The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.

      Sec. 30.  NRS 104.3116 is hereby amended to read as follows:

      104.3116  [An instrument payable to the order of two or more persons:

      1.  If in the alternative is payable to any one of them and may be negotiated, discharged or enforced by any of them who has possession of it.

      2.  If not in the alternative is payable to all of them and may be negotiated, discharged or enforced only by all of them.]

      1.  Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, endorsers who endorse as joint payees, or anomalous endorsers are jointly and severally liable in the capacity in which they sign.

      2.  Except as otherwise provided in subsection 5 of NRS 104.3415 or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.

      3.  Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection 2 of a party having the same joint and several liability to receive contribution from the party discharged.

      Sec. 31.  NRS 104.3117 is hereby amended to read as follows:

      104.3117  [An instrument made payable to a named person with the addition of words describing him:

      1.  As agent or officer of a specified person is payable to his principal but the agent or officer may act as if he were the holder.

      2.  As any other fiduciary for a specified person or purpose is payable to the payee and may be negotiated, discharged or enforced by him.

      3.  In any other manner is payable to the payee unconditionally and the additional words are without effect on subsequent parties.]

      1.  Except as otherwise provided in subsection 5, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date.


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ê1993 Statutes of Nevada, Page 1266 (Chapter 402, AB 617)ê

 

commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date.

      2.  Except as otherwise provided in subsection 4 or 5, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within 6 years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years.

      3.  Except as otherwise provided in subsection 4, an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within 3 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.

      4.  An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller’s check, cashier’s check or traveler’s check must be commenced within 3 years after demand for payment is made to the acceptor or issuer, as the case may be.

      5.  An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within 6 years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the 6-year period begins when a demand for payment is in effect and the due date has passed.

      6.  An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced:

      (a) Within 6 years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time; or

      (b) Within 6 years after the date of the acceptance if the obligation of the acceptor is payable on demand.

      7.  Unless governed by other law regarding claims for indemnity or contribution, an action for conversion of an instrument, for money had and received, or like action based on conversion, for breach of warranty, or to enforce an obligation, duty or right arising under this article and not governed by this section must be commenced within 3 years after the cause of action accrues.

      Sec. 32.  NRS 104.3118 is hereby amended to read as follows:

      104.3118  [The following rules apply to every instrument:

      1.  Where there is doubt whether the instrument is a draft or a note the holder may treat it as either. A draft drawn on the drawer is effective as a note.

      2.  Handwritten terms control typewritten and printed terms, and typewritten control printed.

      3.  Words control figures except that if the words are ambiguous figures control.

      4.  Unless otherwise specified a provision for interest means interest at the judgment rate at the place of payment from the date of the instrument, or if it is undated from the date of issue.

      5.  Unless the instrument otherwise specifies two or more persons who sign as maker, acceptor or drawer or endorser and as a part of the same transaction are jointly and severally liable even though the instrument contains such words as “I promise to pay.”


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      6.  Unless otherwise specified consent to extension authorizes a single extension for not longer than the original period. A consent to extension, expressed in the instrument, is binding on secondary parties and accommodation makers. A holder may not exercise his option to extend an instrument over the objection of a maker or acceptor or other party who in accordance with NRS 104.3604 tenders full payment when the instrument is due.] In an action for breach of an obligation for which a third person is answerable over pursuant to this article or article 4, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that the person notified may come in and defend and that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.

      Sec. 33.  NRS 104.3119 is hereby amended to read as follows:

      104.3119  [1.  As between the obligor and his immediate obligee or any transferee the terms of an instrument may be modified or affected by any other written agreement executed as a part of the same transaction, except that a holder in due course is not affected by any limitation of his rights arising out of the separate written agreement if he had no notice of the limitation when he took the instrument.

      2.  A separate agreement does not affect the negotiability of an instrument.] Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented or nullified by an agreement under this section, the agreement is a defense to the obligation.

      Sec. 34.  NRS 104.3201 is hereby amended to read as follows:

      104.3201  1.  [Transfer of an instrument vests in the transferee such rights as the transferor has therein, except that a transferee who has himself been a party to any fraud or illegality affecting the instrument or who as a prior holder had notice of a defense or claim against it cannot improve his position by taking from a later holder in due course.

      2.  A transfer of a security interest in an instrument vests the foregoing rights in the transferee to the extent of the interest transferred.

      3.  Unless otherwise agreed any transfer for value of an instrument not then payable to bearer gives the transferee the specifically enforceable right to have the unqualified endorsement of the transferor. Negotiation takes effect only when the endorsement is made and until that time there is no presumption that the transferee is the owner.] An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

      2.  Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.


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acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.

      3.  Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of endorsement by the transferor, the transferee has a specifically enforceable right to the unqualified endorsement of the transferor, but negotiation of the instrument does not occur until the endorsement is made.

      4.  If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this article and has only the rights of a partial assignee.

      Sec. 35.  NRS 104.3202 is hereby amended to read as follows:

      104.3202  1.  [Negotiation is the transfer of an instrument in such form that the transferee becomes a holder. If the instrument is payable to order it is negotiated by delivery with any necessary endorsement; if payable to bearer it is negotiated by delivery.

      2.  An endorsement must be written by or on behalf of the holder and on the instrument or on a paper so firmly affixed thereto as to become a part thereof.

      3.  An endorsement is effective for negotiation only when it conveys the entire instrument or any unpaid residue. If it purports to be of less it operates only as a partial assignment.

      4.  Words of assignment, condition, waiver, guaranty, limitation or disclaimer of liability and the like accompanying an endorsement do not affect its character as an endorsement.] “Negotiation” means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.

      2.  Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its endorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.

      Sec. 36.  NRS 104.3203 is hereby amended to read as follows:

      104.3203  [Where an instrument is made payable to a person under a misspelled name or one other than his own he may endorse in that name or his own or both; but signature in both names may be required by a person paying or giving value for the instrument.]

      1.  “Endorsement” means a signature, other than that of a signer as maker, drawer or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of negotiating the instrument, restricting payment of the instrument, or incurring endorser’s liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words are an endorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than endorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.

      2.  “Endorser” means a person who makes an endorsement.


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      3.  For the purpose of determining whether the transferee of an instrument is a holder, an endorsement that transfers a security interest in the instrument is effective as an unqualified endorsement of the instrument.

      4.  If an instrument is payable to a holder under a name that is not his own, endorsement may be made by the holder in the name stated in the instrument or in his own name, or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.

      Sec. 37.  NRS 104.3204 is hereby amended to read as follows:

      104.3204  1.  [A special endorsement specifies the person to whom or to whose order it makes the instrument payable. Any instrument specially endorsed becomes payable to the order of the special endorsee and may be further negotiated only by his endorsement.

      2.  An endorsement in blank specifies no particular endorsee and may consist of a mere signature. An instrument payable to order and endorsed in blank becomes payable to bearer and may be negotiated by delivery alone until specially endorsed.

      3.  The holder may convert a blank endorsement into a special endorsement by writing over the signature of the endorser in blank any contract consistent with the character of the endorsement.] If an endorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the endorsement identifies a person to whom it makes the instrument payable, it is a “special endorsement.” When specially endorsed, an instrument becomes payable to the identified person and may be negotiated only by the endorsement of that person. The principles stated in NRS 104.3109 apply to special endorsements.

      2.  If an endorsement is made by the holder of an instrument and it is not a special endorsement, it is a “blank endorsement.” When endorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed.

      3.  The holder may convert a blank endorsement that consists only of a signature into a special endorsement by writing, above the signature of the endorser, words identifying the person to whom the instrument is made payable.

      4.  “Anomalous endorsement” means an endorsement made by a person who is not the holder of the instrument. An anomalous endorsement does not affect the manner in which the instrument may be negotiated.

      Sec. 38.  NRS 104.3205 is hereby amended to read as follows:

      104.3205  [An endorsement is restrictive which either:

      1.  Is conditional; or

      2.  Purports to prohibit further transfer of the instrument; or

      3.  Includes the words, “for collection,” “for deposit,” “pay any bank,” or like terms signifying a purpose of deposit or collection; or

      4.  Otherwise states that it is for the benefit or use of the endorser or of another person.]

      1.  An endorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument.

      2.  An endorsement stating a condition to the right of the endorsee to receive payment does not affect the right of the endorsee to enforce the instrument.


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instrument. A person paying the instrument or taking it for value or collection may disregard the condition, and the rights and liabilities of that person are not affected by whether the condition has been fulfilled.

      3.  If an instrument bears an endorsement described in subsection 2 of NRS 104.4201 or in blank or to a particular bank using the words “for deposit,” “for collection,” or other words indicating a purpose of having the instrument collected by a bank for the endorser or for a particular account, the following rules apply:

      (a) A person, other than a bank, who purchases the instrument when so endorsed converts the instrument unless the amount paid for the instrument is received by the endorser or applied consistently with the endorsement.

      (b) A depositary bank that purchases the instrument or takes it for collection when so endorsed converts the instrument unless the amount paid by the bank with respect to the instrument is received by the endorser or applied consistently with the endorsement.

      (c) A payor bank that is also the depositary bank or that takes the instrument for immediate payment over the counter from a person other than a collecting bank converts the instrument unless the proceeds of the instrument are received by the endorser or applied consistently with the endorsement.

      (d) Except as otherwise provided in paragraph (c), a payor bank or intermediary bank may disregard the endorsement and is not liable if the proceeds of the instrument are not received by the endorser or applied consistently with the endorsement.

      4.  Except for an endorsement covered by subsection 3, if an instrument bears an endorsement using words to the effect that payment is to be made to the endorsee as agent, trustee or other fiduciary for the benefit of the endorser or another person, the following rules apply:

      (a) Unless there is notice of breach of fiduciary duty as provided in section 2 of this act, a person who purchases the instrument from the endorsee or takes the instrument from the endorsee for collection or payment may pay the proceeds of payment or the value given for the instrument to the endorsee without regard to whether the endorsee violates a fiduciary duty to the endorser.

      (b) A subsequent transferee of the instrument or person who pays the instrument is neither given notice nor otherwise affected by the restriction in the endorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty.

      5.  The presence of an instrument of an endorsement to which this section applies does not prevent a purchaser of the instrument from becoming a holder in due course of the instrument unless the purchaser is a converter under subsection 3 or has notice or knowledge of breach of fiduciary duty as stated in subsection 4.

      6.  In an action to enforce the obligation of a party to pay the instrument, the obligor has a defense if payment would violate an endorsement to which this section applies and the payment is not permitted by this section.

      Sec. 39.  NRS 104.3206 is hereby amended to read as follows:

      104.3206  [1.  No restrictive endorsement prevents further transfer or negotiation of the instrument.


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      2.  An intermediary bank, or a payor bank which is not the depositary bank, is neither given notice nor otherwise affected by a restrictive endorsement of any person except the bank’s immediate transferor or the person presenting for payment.

      3.  Except for an intermediary bank, any transferee under an endorsement which is conditional or includes the words “for collection,” “for deposit,” “pay any bank,” or like terms (subsections 1 and 3 of NRS 104.3205) must pay or apply any value given by him for or on the security of the instrument consistently with the endorsement and to the extent that he does so he becomes a holder for value. In addition such transferee is a holder in due course if he otherwise complies with the requirements of NRS 104.3302 on what constitutes a holder in due course.

      4.  The first taker under an endorsement for the benefit of the endorser or another person (subsection 4 of NRS 104.3205) must pay or apply any value given by him for or on the security of the instrument consistently with the endorsement and to the extent that he does so he becomes a holder for value. In addition such taker is a holder in due course if he otherwise complies with the requirements of NRS 104.3302 on what constitutes a holder in due course. A later holder for value is neither given notice nor otherwise affected by such restrictive endorsement unless he has knowledge that a fiduciary or other person has negotiated the instrument in any transaction for his own benefit or otherwise in breach of duty (subsection 2 of NRS 104.3304).] Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel endorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An endorser whose endorsement is canceled is discharged, and the discharge is effective against any subsequent holder.

      Sec. 40.  NRS 104.3207 is hereby amended to read as follows:

      104.3207  1.  Negotiation is effective [to transfer the instrument although the negotiation is:

      (a) Made by an infant, a corporation exceeding its powers, or any other person without capacity; or

      (b) Obtained by fraud, duress or mistake of any kind; or

      (c) Part of an illegal transaction; or

      (d) Made in breach of duty.

      2.  Except as against a subsequent holder in due course such negotiation is in an appropriate case subject to rescission, the declaration of a constructive trust or any other remedy permitted by law.] even if obtained:

      (a) From an infant, a corporation exceeding its powers or a person without capacity;

      (b) By fraud, duress or mistake; or

      (c) In breach of duty or as part of an illegal transaction.

      2.  To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy.


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      Sec. 41.  NRS 104.3301 is hereby amended to read as follows:

      104.3301  [A holder of an instrument, whether or not he is the owner, may transfer or negotiate it and, except as otherwise provided in NRS 104.3603 on payment or satisfaction, discharge it or enforce payment in his own name.]

      1.  “Person entitled to enforce” an instrument means:

      (a) The holder of the instrument;

      (b) A nonholder in possession of the instrument who has the rights of a holder; or

      (c) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 3 of this act or subsection 4 of NRS 104.3418.

      2.  A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

      Sec. 42.  NRS 104.3302 is hereby amended to read as follows:

      104.3302  1.  [A holder in due course is a holder who takes the instrument:

      (a) For value; and

      (b) In good faith; and

      (c) Without notice that it is overdue or has been dishonored or of any defense against or claim to it on the part of any person.

      2.  A payee may be a holder in due course.

      3.  A holder does not become a holder in due course of an instrument:

      (a) By purchase of it at judicial sale or by taking it under legal process; or

      (b) By acquiring it in taking over an estate; or

      (c) By purchasing it as part of a bulk transaction not in regular course of business of the transferor.

      4.  A purchaser of a limited interest can be a holder in due course only to the extent of the interest purchased.] Except as otherwise provided in subsection 3 of this section and subsection 4 of NRS 104.3105, “holder in due course” means the holder of an instrument if:

      (a) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and

      (b) The holder took the instrument:

             (1) For value;

             (2) In good faith;

             (3) Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series;

             (4) Without notice that the instrument contains an unauthorized signature or has been altered;

             (5) Without notice of any claim to the instrument described in NRS 104.3306; and

             (6) Without notice that any party has a defense or claim in recoupment described in subsection 1 of NRS 104.3305.

      2.  Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection 1, but discharge is effective against a person who became a holder in due course with notice of the discharge.


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effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment or claim to the instrument.

      3.  Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken:

      (a) By legal process or by purchase in an execution, bankruptcy, or creditor’s sale or similar proceeding;

      (b) By purchase as part of a bulk transaction not in ordinary course of business of the transferor; or

      (c) As the successor in interest to an estate or other organization.

      4.  If, under paragraph (a) of subsection 1 of NRS 104.3303, the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.

      5.  If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.

      6.  To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.

      7.  This section is subject to any law limiting status as a holder in due course in particular classes of transactions.

      Sec. 43.  NRS 104.3303 is hereby amended to read as follows:

      104.3303  [A holder takes the instrument for value:

      1.  To the extent that the agreed consideration has been performed or that he acquires a security interest in or a lien on the instrument otherwise than by legal process; or

      2.  When he takes the instrument in payment of or as security for an antecedent claim against any person whether or not the claim is due; or

      3.  When he gives a negotiable instrument for it or makes an irrevocable commitment to a third person.]

      1.  An instrument is issued or transferred for value if:

      (a) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;

      (b) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;

      (c) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;

      (d) The instrument is issued or transferred in exchange for a negotiable instrument; or

      (e) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.


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      2.  “Consideration” means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection 1, the instrument is also issued for consideration.

      Sec. 44.  NRS 104.3304 is hereby amended to read as follows:

      104.3304  1.  [The purchaser has notice of a claim or defense if:

      (a) The instrument is so incomplete, bears such visible evidence of forgery or alteration, or is otherwise so irregular as to call into question its validity, terms or ownership or to create an ambiguity as to the party to pay; or

      (b) The purchaser has notice that the obligation of any party is voidable in whole or in part, or that all parties have been discharged.

      2.  The purchaser has notice of a claim against the instrument when he has knowledge that a fiduciary has negotiated the instrument in payment of or as security for his own debt or in any transaction for his own benefit or otherwise in breach of duty.

      3.  The purchaser has notice that an instrument is overdue if he has reason to know:

      (a) That any part of the principal amount is overdue or that there is an uncured default in payment of another instrument of the same series; or

      (b) That acceleration of the instrument has been made; or

      (c) That he is taking a demand instrument after demand has been made or more than a reasonable length of time after its issue. A reasonable time for a check drawn and payable within the states and territories of the United States and the District of Columbia is presumed to be 30 days.

      4.  Knowledge of the following facts does not of itself give the purchaser notice of a defense or claim:

      (a) That the instrument is antedated or postdated.

      (b) That it was issued or negotiated in return for an executory promise or accompanied by a separate agreement, unless the purchaser has notice that a defense or claim has arisen from the terms thereof.

      (c) That any party has signed for accommodation.

      (d) That an incomplete instrument has been completed, unless the purchaser has notice of any improper completion.

      (e) That any person negotiating the instrument is or was a fiduciary.

      (f) That there has been default in payment of interest on the instrument or in payment of any other instrument, except one of the same series.

      5.  The filing or recording of a document does not of itself constitute notice within the provisions of this article to a person who would otherwise be a holder in due course.

      6.  To be effective notice must be received at such time and in such manner as to give a reasonable opportunity to act on it.] An instrument payable on demand becomes overdue at the earliest of the following times:

      (a) On the day after the day demand for payment is duly made;

      (b) If the instrument is a check, 90 days after its date; or

      (c) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.


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circumstances of the particular case in light of the nature of the instrument and usage of the trade.

      2.  With respect to an instrument payable at a definite time the following rules apply:

      (a) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.

      (b) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.

      (c) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.

      3.  Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.

      Sec. 45.  NRS 104.3305 is hereby amended to read as follows:

      104.3305  [To the extent that a holder is a holder in due course he takes the instrument free from:

      1.  All claims to it on the part of any person; and

      2.  All defenses of any party to the instrument with whom the holder has not dealt except:

      (a) Infancy, to the extent that it is a defense to a simple contract; and

      (b) Such other incapacity, or duress, or illegality of the transaction, as renders the obligation of the party a nullity; and

      (c) Such misrepresentation as has induced the party to sign the instrument with neither knowledge nor reasonable opportunity to obtain knowledge of its character or its essential terms; and

      (d) Discharge in insolvency proceedings; and

      (e) Any other discharge of which the holder has notice when he takes the instrument.]

      1.  Except as otherwise provided in subsection 2, the right to enforce the obligation of a party to pay an instrument is subject to the following:

      (a) A defense of the obligor based on:

             (1) Infancy of the obligor to the extent it is a defense to a simple contract;

             (2) Duress, lack of legal capacity or illegality of the transaction which, under other law, nullifies the obligation of the obligor;

             (3) Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms; or

             (4) Discharge of the obligor in insolvency proceedings;

      (b) A defense of the obligor stated in another section of this article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and

      (c) A claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.


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of the instrument only to reduce the amount owing on the instrument at the time the action is brought.

      2.  The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in paragraph (a) of subsection 1, but is not subject to defenses of the obligor stated in paragraph (b) of subsection 1 or claims in recoupment stated in paragraph (c) of subsection 1 against a person other than the holder.

      3.  Except as otherwise provided in subsection 4, in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment or claim to the instrument (NRS 104.3306) of another person, but the other person’s claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.

      4.  In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection 1 that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy and lack of legal capacity.

      Sec. 46.  NRS 104.3306 is hereby amended to read as follows:

      104.3306  [Unless he has the rights of a holder in due course any person takes the instrument subject to:

      1.  All valid claims to it on the part of any person; and

      2.  All defenses of any party which would be available in an action on a simple contract; and

      3.  The defenses of want or failure of consideration, nonperformance of any condition precedent, nondelivery, or delivery for a special purpose (NRS 104.3408); and

      4.  The defense that he or a person through whom he holds the instrument acquired it by theft, or that payment or satisfaction to such holder would be inconsistent with the terms of a restrictive endorsement. The claim of any third person to the instrument is not otherwise available as a defense to any party liable thereon unless the third person himself defends the action for such party.] A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.

      Sec. 47.  NRS 104.3307 is hereby amended to read as follows:

      104.3307  1.  [Unless specifically denied in the pleadings each signature on an instrument is admitted. When the effectiveness of a signature is put in issue:

      (a) The burden of establishing it is on the party claiming under the signature; but


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      (b) The signature is presumed to be genuine or authorized except where the action is to enforce the obligation of a purported signer who has died or become incompetent before proof is required.

      2.  When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense.

      3.  After it is shown that a defense exists a person claiming the rights of a holder in due course has the burden of establishing that he or some person under whom he claims is in all respects a holder in due course.] In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under subsection 1 of NRS 104.3403.

      2.  If the validity of signatures is admitted or proved and there is compliance with subsection 1, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under NRS 104.3301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that he has rights of a holder in due course which are not subject to the defense or claim.

      Sec. 48.  NRS 104.3401 is hereby amended to read as follows:

      104.3401  1.  [No person is liable on an instrument unless his signature appears thereon.

      2.  A signature is made by use of any name, including any trade or assumed name, upon an instrument, or by any word or mark used in lieu of a written signature.] A person is not liable on an instrument unless:

      (a) He signed the instrument; or

      (b) He is represented by an agent or representative who signed the instrument and the signature is binding on him under NRS 104.3403.

      2.  A signature may be made manually or by means of a device or machine, and by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.

      Sec. 49.  NRS 104.3402 is hereby amended to read as follows:

      104.3402  [Unless the instrument clearly indicates that a signature is made in some other capacity it is an endorsement.]

      1.  In this section:

      (a) “Employee” includes an independent contractor and employee of an independent contractor retained by the employer.

      (b) “Fraudulent endorsement” means:


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             (1) In the case of an instrument payable to the employer, a forged endorsement purporting to be that of the employer; or

             (2) In the case of an instrument with respect to which the employer is the issuer, a forged endorsement purporting to be that of the person identified as payee.

      (c) “Responsibility” with respect to instruments means authority:

             (1) To sign or endorse instruments on behalf of the employer;

             (2) To act upon instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition;

             (3) To prepare or act upon instruments for issue in the name of the employer;

             (4) To supply information determining the names or addresses of payees of instruments to be issued in the name of the employer;

             (5) To control the disposition of instruments to be issued in the name of the employer; or

             (6) To act otherwise with respect to instruments in a responsible capacity.

“Responsibility” does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.

      2.  For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent endorsement of the instrument, the endorsement is effective as the endorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.

      3.  Under subsection 2 an endorsement is made in the name of the person to whom an instrument is payable if:

      (a) It is made in a name substantially similar to the name of that person; or

      (b) The instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.

      Sec. 50.  NRS 104.3403 is hereby amended to read as follows:

      104.3403  1.  [A signature may be made by an agent or other representative, and his authority to make it may be established as in other cases of representation. No particular form of appointment is necessary to establish such authority.

      2.  An authorized representative who signs his own name to an instrument:

      (a) Is personally obligated if the instrument neither names the person represented nor shows that the representative signed in a representative capacity.

      (b) Except as otherwise established between the immediate parties, is personally obligated if the instrument names the person represented but does not show that the representative signed in a representative capacity, or if the instrument does not name the person represented but does show that the representative signed in a representative capacity.


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show that the representative signed in a representative capacity, or if the instrument does not name the person represented but does show that the representative signed in a representative capacity.

      3.  Except as otherwise established the name of an organization preceded or followed by the name and office of an authorized individual is a signature made in a representative capacity.] If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent he would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the “authorized signature of the represented person” and the represented person is liable on the instrument, whether or not identified in the instrument.

      2.  If a representative signs his own name to an instrument and the signature is an authorized signature of the represented person, the following rules apply:

      (a) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.

      (b) Except as otherwise provided in subsection 3, if the form of the signature does not show unambiguously that the signature is made in a representative capacity or the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.

      3.  If a representative signs his own name as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.

      Sec. 51.  NRS 104.3404 is hereby amended to read as follows:

      104.3404  1.  [Any unauthorized signature is wholly inoperative as that of the person whose name is signed unless he ratifies it or is precluded from denying it; but it operates as the signature of the unauthorized signer in favor of any person who in good faith pays the instrument or takes it for value.

      2.  Any unauthorized signature may be ratified for all purposes of this article. Such ratification does not of itself affect any rights of the person ratifying against the actual signer.] Unless otherwise provided in this article or article 4, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this article.

      2.  If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.


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      3.  The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this article which makes the unauthorized signature effective for the purposes of this article.

      Sec. 52.  NRS 104.3405 is hereby amended to read as follows:

      104.3405  1.  [An endorsement by any person in the name of a named payee is effective if:

      (a) An impostor by use of the mails or otherwise has induced the maker or drawer to issue the instrument to him or his confederate in the name of the payee; or

      (b) A person signing as or on behalf of a maker or drawer intends the payee to have no interest in the instrument; or

      (c) An agent or employee of the maker or drawer has supplied him with the name of the payee intending the latter to have no such interest.

      2.  Nothing in this section shall affect the criminal or civil liability of the person so endorsing.] If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an endorsement of the instrument by any person in the name of the payee is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.

      2.  If a person whose intent determines to whom an instrument is payable (subsection 1 or 2 of NRS 104.3109) does not intend the person identified as payee to have any interest in the instrument, or the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special endorsement:

      (a) Any person in possession of the instrument is its holder.

      (b) An endorsement by any person in the name of the payee stated in the instrument is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.

      3.  Under subsection 1 or 2, an endorsement is made in the name of a payee if it is made in a name substantially similar to that of the payee or the instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.

      4.  With respect to an instrument to which subsection 1 or 2 applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.

      Sec. 53.  NRS 104.3406 is hereby amended to read as follows:

      104.3406  [Any person who by his negligence substantially contributes to a material alteration of the instrument or to the making of an unauthorized signature is precluded from asserting the alteration or lack of authority against a holder in due course or against a drawee or other payor who pays the instrument in good faith and in accordance with the reasonable commercial standards of the drawee’s or payor’s business.]


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      1.  A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.

      2.  Under subsection 1, if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.

      3.  Under subsection 1, the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection 2, the burden of proving failure to exercise ordinary care is on the person precluded.

      Sec. 54.  NRS 104.3407 is hereby amended to read as follows:

      104.3407  1.  [Any alteration of an instrument is material which changes the contract of any party thereto in any respect, including any such change in:

      (a) The number or relations to the parties; or

      (b) An incomplete instrument, by completing it otherwise than as authorized; or

      (c) The writing as signed, by adding to it or by removing any part of it.

      2.  As against any person other than a subsequent holder in due course:

      (a) Alteration by the holder which is both fraudulent and material discharges any party whose contract is thereby changed unless that party assents or is precluded from asserting the defense.

      (b) No other alteration discharges any party and the instrument may be enforced according to its original tenor, or as to incomplete instruments according to the authority given.

      3.  A subsequent holder in due course may in all cases enforce the instrument according to its original tenor, and when an incomplete instrument has been completed, he may enforce it as completed.] “Alteration” means an unauthorized:

      (a) Change in an instrument that purports to modify in any respect the obligation of a party; or

      (b) Addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.

      2.  Except as otherwise provided in subsection 3, an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.

      3.  A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith, and without notice of the alteration, may enforce rights with respect to the instrument:

      (a) According to its original terms; or

      (b) In the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.

      Sec. 55.  NRS 104.3408 is hereby amended to read as follows:

      104.3408  [Want or failure of consideration is a defense as against any person not having the rights of a holder in due course (NRS 104.3305), except that no consideration is necessary for an instrument or obligation thereon given in payment of or as security for an antecedent obligation of any kind.


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except that no consideration is necessary for an instrument or obligation thereon given in payment of or as security for an antecedent obligation of any kind. Nothing in this section shall be taken to displace any statute outside this chapter under which a promise is enforceable notwithstanding lack or failure of consideration. Partial failure of consideration is a defense pro tanto whether or not the failure is in an ascertained or liquidated amount.]

      1.  In this section, “obligated bank” means the acceptor of a certified check or the issuer of a cashier’s check or teller’s check bought from the issuer.

      2.  If the obligated bank wrongfully refuses to pay a cashier’s check or certified check, stops payment of a teller’s check, or refuses to pay a dishonored teller’s check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.

      3.  Expenses or consequential damages under subsection 2 are not recoverable if the refusal of the obligated bank to pay occurs because:

      (a) The bank suspends payments;

      (b) The obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument;

      (c) The obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument; or

      (d) Payment is prohibited by law.

      Sec. 56.  NRS 104.3409 is hereby amended to read as follows:

      104.3409  [1.]  A check or other draft does not of itself operate as an assignment of [any] funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until [he] the drawee accepts it.

      [2.  Nothing in this section shall affect any liability in contract, tort or otherwise arising from any letter of credit or other obligation or representation which is not an acceptance.]

      Sec. 57.  NRS 104.3410 is hereby amended to read as follows:

      104.3410  1.  [Acceptance is the drawee’s signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes operative when completed by delivery or notification.

      2.  A draft may be accepted although it has not been signed by the drawer or is otherwise incomplete or is overdue or has been dishonored.

      3.  Where the draft is payable at a fixed period after sight and the acceptor fails to date his acceptance the holder may complete it by supplying a date in good faith.] “Acceptance” means the drawee’s signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee’s signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.


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      2.  A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue or has been dishonored.

      3.  If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith.

      4.  “Certified check” means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in subsection 1 or by a writing on the check which indicates that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check.

      Sec. 58.  NRS 104.3411 is hereby amended to read as follows:

      104.3411  1.  [Certification of a check is acceptance. Where a holder procures certification the drawer and all prior endorsers are discharged.

      2.  Unless otherwise agreed a bank has no obligation to certify a check.

      3.  A bank may certify a check before returning it for lack of proper endorsement. If it does so the drawer is discharged.] The issuer of a note or cashier’s check or other draft drawn on the drawer is obliged to pay the instrument:

      (a) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; or

      (b) If the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in NRS 104.3115 and 104.3407.

      2.  The obligation is owned to a person entitled to enforce the instrument or to an endorser who paid the instrument under NRS 104.3414.

      Sec. 59.  NRS 104.3412 is hereby amended to read as follows:

      104.3412  1.  [Where the drawee’s proffered acceptance in any manner varies the draft as presented the holder may refuse the acceptance and treat the draft as dishonored in which case the drawee is entitled to have his acceptance canceled.

      2.  The terms of the draft are not varied by an acceptance to pay at any particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at such bank or place.

      3.  Where the holder assents to an acceptance varying the terms of the draft each drawer and endorser who does not affirmatively assent is discharged.] If the terms of a drawee’s acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance.

      2.  The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place.

      3.  If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and endorser that does not expressly assent to the acceptance is discharged.

      Sec. 60.  NRS 104.3413 is hereby amended to read as follows:

      104.3413  1.  The [maker or acceptor engages that he will pay the instrument according to its tenor at the time of his engagement or as completed pursuant to NRS 104.3115 on incomplete instruments.

      2.  The drawer engages that upon dishonor of the draft and any necessary notice of dishonor or protest he will pay the amount of the draft to the holder or to any endorser who takes it up.


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or to any endorser who takes it up. The drawer may disclaim this liability by drawing without recourse.

      3.  By making, drawing or accepting the party admits as against all subsequent parties including the drawee the existence of the payee and his then capacity to endorse.] acceptor of a draft is obliged to pay the draft:

      (a) According to its terms at the time it was accepted, even though the acceptance states that the draft is payable “as originally drawn” or equivalent terms;

      (b) If the acceptance varies the terms of the draft, according to the terms of the draft as varied; or

      (c) If the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in NRS 104.3115 and 104.3407.

The obligation is owed to a person entitled to enforce the draft or to the drawer or an endorser who paid the draft under NRS 104.3414 or 104.3420.

      2.  If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If the certification or acceptance does not state an amount, the amount of the instrument is subsequently raised, and the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.

      Sec. 61.  NRS 104.3414 is hereby amended to read as follows:

      104.3414  1.  [Unless the endorsement otherwise specifies (as by such words as “without recourse”) every endorser engages that upon dishonor and any necessary notice of dishonor and protest he will pay the instrument according to its tenor at the time of his endorsement to the holder or to any subsequent endorser who takes it up, even though the endorser who takes it up was not obligated to do so.

      2.  Unless they otherwise agree endorsers are liable to one another in the order in which they endorse, which is presumed to be the order in which their signatures appear on the instrument.] Except as otherwise provided in subsections 2, 3 and 4 of this section and to subsection 4 of NRS 104.3415, if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument according to the terms of the instrument at the time it was endorsed, or if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in NRS 104.3115 and 104.3407. The obligation of the endorser is owed to a person entitled to enforce the instrument or to a subsequent endorser who paid the instrument under this section.

      2.  If an endorsement states that it is made “without recourse” or otherwise disclaims liability of the endorser, the endorser is not liable under subsection 1 to pay the instrument.

      3.  If notice of dishonor of an instrument is required by NRS 104.3508 and notice of dishonor complying with that section is not given to an endorser, the liability of the endorser under subsection 1 is discharged.

      4.  If a draft is accepted by a bank after an endorsement is made, the liability of the endorser under subsection 1 is discharged.

      5.  If an endorser of a check is liable under subsection 1 and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the endorsement was made, the liability of the endorser under subsection 1 is discharged.


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30 days after the day the endorsement was made, the liability of the endorser under subsection 1 is discharged.

      Sec. 62.  NRS 104.3415 is hereby amended to read as follows:

      104.3415  1.  [An accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it.

      2.  When the instrument has been taken for value before it is due the accommodation party is liable in the capacity in which he has signed even though the taker knows of the accommodation.

      3.  As against a holder in due course and without notice of the accommodation oral proof of the accommodation is not admissible to give the accommodation party the benefit of discharges dependent on his character as such. In other cases the accommodation character may be shown by oral proof.

      4.  An endorsement which shows that it is not in the chain of title is notice of its accommodation character.

      5.  An accommodation party is not liable to the party accommodated, and if he pays the instrument has a right of recourse on the instrument against such party.] If an instrument is issued for value given for the benefit of a party to the instrument (“accommodated party”) and another party to the instrument (“accommodation party”) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party “for accommodation.”

      2.  An accommodation party may sign the instrument as maker, drawer, acceptor or endorser and, subject to subsection 4, is obliged to pay the instrument in the capacity in which he signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not he receives consideration for the accommodation.

      3.  A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous endorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as otherwise provided in NRS 104.3602, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.

      4.  If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if:

      (a) Execution of judgment against the other party has been returned unsatisfied;

      (b) The other party is insolvent or in an insolvency proceeding;

      (c) The other party cannot be served with process; or

      (d) It is otherwise apparent that payment cannot be obtained from the other party.


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      5.  An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right to recourse against, and is not entitled to contribution from, an accommodation party.

      Sec. 63.  NRS 104.3416 is hereby amended to read as follows:

      104.3416  1.  [“Payment guaranteed” or equivalent words added to a signature mean that the signer engages that if the instrument is not paid when due he will pay it according to its tenor without resort by the holder to any other party.

      2.  “Collection guaranteed” or equivalent words added to a signature mean that the signer engages that if the instrument is not paid when due he will pay it according to its tenor, but only after the holder has reduced his claim against the maker or acceptor to judgment and execution has been returned unsatisfied, or after the maker or acceptor has become insolvent or it is otherwise apparent that it is useless to proceed against him.

      3.  Words of guaranty which do not otherwise specify guarantee payment.

      4.  No words of guaranty added to the signature of a sole maker or acceptor affect his liability on the instrument. Such words added to the signature of one of two or more makers or acceptors create a presumption that the signature is for the accommodation of the others.

      5.  When words of guaranty are used presentment, notice of dishonor and protest are not necessary to charge the user.

      6.  Any guaranty written on the instrument is enforceable notwithstanding any statute of frauds.] If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that:

      (a) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;

      (b) The draft has not been altered; and

      (c) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.

      2.  A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection.

      3.  If a drawee asserts a claim for breach of warranty under subsection 1 based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under NRS 104.3402 or 104.3405 or the drawer is precluded under NRS 104.3406 or 104.4406 from asserting against the drawee the unauthorized endorsement or alteration.


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under NRS 104.3402 or 104.3405 or the drawer is precluded under NRS 104.3406 or 104.4406 from asserting against the drawee the unauthorized endorsement or alteration.

      4.  If a dishonored draft is presented for payment to the drawer or an endorser or any other instrument is presented for payment to a party obliged to pay the instrument, and payment is received, the following rules apply:

      (a) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was at the time he transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument.

      (b) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.

      5.  The warranties stated in subsections 1 and 4 cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection 2 or 4 is discharged to the extent of any loss caused by the delay in giving notice of the claim.

      6.  A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.

      Sec. 64.  NRS 104.3417 is hereby amended to read as follows:

      104.3417  1.  [Any person who obtains payment or acceptance and any prior transferor warrants to a person who in good faith pays or accepts that:

      (a) He has a good title to the instrument or is authorized to obtain payment or acceptance on behalf of one who has a good title; and

      (b) He has no knowledge that the signature of the maker or drawer is unauthorized, except that this warranty is not given by a holder in due course acting in good faith:

             (1) To a maker with respect to the maker’s own signature; or

             (2) To a drawer with respect to the drawer’s own signature, whether or not the drawer is also the drawee; or

             (3) To an acceptor of a draft if the holder in due course took the draft after the acceptance or obtained the acceptance without knowledge that the drawer’s signature was unauthorized; and

      (c) The instrument has not been materially altered, except that this warranty is not given by a holder in due course acting in good faith:

             (1) To the maker of a note; or

             (2) To the drawer of a draft whether or not the drawer is also the drawee; or

             (3) To the acceptor of a draft with respect to an alteration made prior to the acceptance if the holder in due course took the draft after the acceptance, even though the acceptance provided “payable as originally drawn” or equivalent terms; or

             (4) To the acceptor of a draft with respect to an alteration made after the acceptance.


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      2.  Any person who transfers an instrument and receives consideration warrants to his transferee and if the transfer is by endorsement to any subsequent holder who takes the instrument in good faith that:

      (a) He has a good title to the instrument or is authorized to obtain payment or acceptance on behalf of one who has a good title and the transfer is otherwise rightful; and

      (b) All signatures are genuine or authorized; and

      (c) The instrument has not been materially altered; and

      (d) No defense of any party is good against him; and

      (e) He has no knowledge of any insolvency proceeding instituted with respect to the maker or acceptor or the drawer of an unaccepted instrument.

      3.  By transferring “without recourse” the transferor limits the obligation stated in paragraph (d) of subsection 2 to a warranty that he has no knowledge of such a defense.

      4.  A selling agent or broker who does not disclose the fact that he is acting only as such gives the warranties provided in this section, but if he makes such disclosure warrants only his good faith and authority.] A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by endorsement, to any subsequent transferee that:

      (a) The warrantor is a person entitled to enforce the instrument;

      (b) All signatures on the instrument are authentic and authorized;

      (c) The instrument has not been altered;

      (d) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and

      (e) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

      2.  A person to whom the warranties under subsection 1 are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.

      3.  The warranties stated in subsection 1 cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection 2 is discharged to the extent of any loss caused by the delay in giving notice of the claim.

      4.  A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.

      Sec. 65.  NRS 104.3418 is hereby amended to read as follows:

      104.3418  [Except for recovery of bank payments as provided in the article on bank deposits and collections (article 4) and except for liability for breach of warranty on presentment under the preceding section, payment or acceptance of any instrument is final in favor of a holder in due course, or a person who has in good faith changed his position in reliance on the payment.]

      1.  Except as otherwise provided in subsection 3, if the drawee of a draft pays or accepts the draft and he acted on the mistaken belief that payment of the draft had not been stopped pursuant to NRS 104.4403 or the signature of the drawer of the draft was authorized, he may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance.


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the drawer of the draft was authorized, he may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by his failure to exercise ordinary care in paying or accepting the draft.

      2.  Except as otherwise provided in subsection 3, if an instrument has been paid or accepted by mistake and the case is not covered by subsection 1, the person paying or accepting may, to the extent permitted by the law governing mistake and restitution:

      (a) Recover the payment from the person to whom or for whose benefit payment was made; or

      (b) In the case of acceptance, may revoke the acceptance.

      3.  The remedies provided by subsection 1 or 2 may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by NRS 104.3416 or 104.4407.

      4.  If an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection 1 or 2, the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.

      Sec. 66.  NRS 104.3419 is hereby amended to read as follows:

      104.3419  1.  [An instrument is converted when:

      (a) A drawee to whom it is delivered for acceptance refuses to return it on demand; or

      (b) Any person to whom it is delivered for payment refuses on demand either to pay or to return it; or

      (c) It is paid on a forged endorsement.

      2.  In an action against a drawee under subsection 1 the measure of the drawee’s liability is the face amount of the instrument. In any other action under subsection 1 the measure of liability is presumed to be the face amount of the instrument.

      3.  Subject to the provisions of this chapter concerning restrictive endorsements a representative, including a depositary or collecting bank, who has in good faith and in accordance with the reasonable commercial standards applicable to the business of such representative dealt with an instrument or its proceeds on behalf of one who was not the true owner is not liable in conversion or otherwise to the true owner beyond the amount of any proceeds remaining in his hands.

      4.  An intermediary bank or payor bank which is not a depository bank is not liable in conversion solely by reason of the fact that proceeds of an item endorsed restrictively (NRS 104.3205 and 104.3206) are not paid or applied consistently with the restrictive endorsement of an endorser other than its immediate transferor.] The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by the issuer or acceptor of the instrument or a payee or endorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee.


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acceptor of the instrument or a payee or endorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee.

      2.  In an action under subsection 1, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff’s interest in the instrument.

      3.  A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.

      Sec. 67.  NRS 104.3504 is hereby amended to read as follows:

      104.3504  1.  [Presentment is a demand for acceptance or payment made upon the maker, acceptor, drawee or other payor by or on behalf of the holder.

      2.  Presentment may be made:

      (a) By mail, in which event the time of presentment is determined by the time of receipt of the mail; or

      (b) Through a clearing house; or

      (c) At the place of acceptance or payment specified in the instrument or if there be none at the place of business or residence of the party to accept or pay. If neither the party to accept or pay nor any one authorized to act for him is present or accessible at such place presentment is excused.

      3.  It may be made:

      (a) To any one of two or more makers, acceptors, drawees or other payors; or

      (b) To any person who has authority to make or refuse the acceptance or payment.

      4.  A draft accepted or a note made payable at a bank in the United States must be presented at such bank.

      5.  In the cases described in NRS 104.4210 presentment may be made in the manner and with the result stated in that section.] “Presentment” means a demand made by or on behalf of a person entitled to enforce an instrument:

      (a) To pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or

      (b) To accept a draft made to the drawee.

      2.  The following rules are subject to article 4, agreement of the parties, and clearinghouse rules and the like:

      (a) Presentment:

             (1) May be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States;

             (2) May be made by any commercially reasonable means, including an oral, written or electronic communication;

             (3) Is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and

             (4) Is effective if made to any one of two or more makers, acceptors, drawees or other payors.


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      (b) Upon demand of the person to whom presentment is made, the person making presentment must:

             (1) Exhibit the instrument;

             (2) Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and

             (3) Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

      (c) Without dishonoring the instrument, the party to whom presentment is made may:

             (1) Return the instrument for lack of a necessary endorsement; or

             (2) Refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties or other applicable law or rule.

      (d) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if he has established a cutoff hour not earlier than 2 p.m. for the receipt and action upon instruments presented for payment or acceptance and presentment is made after the cutoff hour.

      Sec. 68.  NRS 104.3507 is hereby amended to read as follows:

      104.3507  1.  [An instrument is dishonored when:

      (a) A necessary or optional presentment is duly made and due acceptance or payment is refused or cannot be obtained within the prescribed time or in case of bank collections the instrument is seasonably returned by the midnight deadline (NRS 104.4301); or

      (b) Presentment is excused and the instrument is not duly accepted or paid.

      2.  Subject to any necessary notice of dishonor and protest, the holder has upon dishonor an immediate right of recourse against the drawers and endorsers.

      3.  Return of an instrument for lack of proper endorsement is not dishonor.

      4.  A term in a draft or an endorsement thereof allowing a stated time for re-presentment in the event of any dishonor of the draft by nonacceptance if a time draft or by nonpayment if a sight draft gives the holder as against any secondary party bound by the term an option to waive the dishonor without affecting the liability of the secondary party and he may present again up to the end of the stated time.] Dishonor of a note is governed by the following rules:

      (a) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment.

      (b) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later.

      (c) If the note is not payable on demand and paragraph (b) does not apply, the note is dishonored if it is not paid on the day it becomes payable.

      2.  Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:

      (a) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under NRS 104.4301 or 104.4302, or becomes accountable for the amount of the check under NRS 104.4302.


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payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under NRS 104.4301 or 104.4302, or becomes accountable for the amount of the check under NRS 104.4302.

      (b) If a draft is payable on demand and paragraph (a) does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment.

      (c) If a draft is payable on a date stated in the draft, the draft is dishonored if:

             (1) Presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later; or

             (2) Presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment.

      (d) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment.

      3.  Dishonor of an unaccepted documentary draft occurs according to the rules stated in paragraphs (b), (c) and (d) of subsection 2, except that payment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs.

      4.  Dishonor of an accepted draft is governed by the following rules:

      (a) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment.

      (b) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later.

      5.  In any case in which presentment is otherwise required for dishonor under this section and presentment is excused under NRS 104.3511, dishonor occurs without presentment if the instrument is not duly accepted or paid.

      6.  If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to late acceptance, from the time of acceptance the draft is treated as never having been dishonored.

      Sec. 69.  NRS 104.3508 is hereby amended to read as follows:

      104.3508  1.  [Notice of dishonor may be given to any person who may be liable on the instrument by or on behalf of the holder or any party who has himself received notice, or any other party who can be compelled to pay the instrument. In addition an agent or bank in whose hands the instrument is dishonored may give notice to his principal or customer or to another agent or bank from which the instrument was received.

      2.  Any necessary notice must be given by a bank before its midnight deadline and by any other person before midnight of the third business day after dishonor or receipt of notice of dishonor.

      3.  Notice may be given in any reasonable manner. It may be oral or written and in any terms which identify the instrument and state that it has been dishonored. A misdescription which does not mislead the party notified does not vitiate the notice. Sending the instrument bearing a stamp, ticket or writing stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient.


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ê1993 Statutes of Nevada, Page 1293 (Chapter 402, AB 617)ê

 

writing stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient.

      4.  Written notice is given when sent although it is not received.

      5.  Notice to one partner is notice to each although the firm has been dissolved.

      6.  When any party is in insolvency proceedings instituted after the issue of the instrument notice may be given either to the party or to the representative of his estate.

      7.  When any party is dead or incompetent notice may be sent to his last known address or given to his personal representative.

      8.  Notice operates for the benefit of all parties who have rights on the instrument against the party notified.] The obligation of an endorser stated in subsection 1 of NRS 104.3414 and the obligation of a drawer stated in subsection 4 of NRS 104.3414 may not be enforced unless:

      (a) The endorser or drawer is given notice of dishonor of the instrument complying with this section; or

      (b) Notice of dishonor is excused under subsection 2 of NRS 104.3511.

      2.  Notice of dishonor:

      (a) May be given by any person;

      (b) May be given by any commercially reasonable means, including an oral, written or electronic communication; and

      (c) Is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted.

Return of an instrument given to a bank for collection is sufficient notice of dishonor.

      3.  Subject to subsection 3 of NRS 104.3511, with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given by the bank before midnight of the next banking day following the banking day on which it receives notice of dishonor of the instrument, or by any other person within 30 days following the day on which he receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs.

      Sec. 70.  NRS 104.3510 is hereby amended to read as follows:

      104.3510  1.  The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor [therein shown:

      1.] stated:

      (a) A document regular in form as provided in [the preceding section] subsection 2 which purports to be a protest.

      [2.  The]

      (b) A purported stamp or writing of the drawee, payor bank or presenting bank on the instrument or accompanying it stating that acceptance or payment has been refused [for reasons] unless reasons for the refusal are stated and the reasons are not consistent with dishonor.

      [3.  Any]

      (c) A book or record of the drawee, payor bank, or [any] collecting bank kept in the usual course of business which shows dishonor, even though there is no evidence of who made the entry.

      2.  A protest is a certificate of dishonor made by a United States consul or vice consul, or a notarial officer or other person authorized to administer oaths by the law of the place where dishonor occurs.


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oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to him. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.

      Sec. 71.  NRS 104.3511 is hereby amended to read as follows:

      104.3511  1.  [Delay in presentment, protest or notice of dishonor is excused when the party is without notice that it is due or when the delay is caused by circumstances beyond his control and he exercises reasonable diligence after the cause of the delay ceases to operate.

      2.  Presentment or notice or protest, as the case may be, is entirely excused when:

      (a) The party to be charged has waived it expressly or by implication either before or after it is due; or

      (b) Such party has himself dishonored the instrument or has countermanded payment or otherwise has no reason to expect or right to require that the instrument be accepted or paid; or

      (c) By reasonable diligence the presentment or protest cannot be made or the notice given.

      3.  Presentment is also entirely excused when:

      (a) The maker, acceptor or drawee of any instrument except a documentary draft is dead or in insolvency proceedings instituted after the issue of the instrument; or

      (b) Acceptance or payment is refused but not for want of proper presentment.

      4.  Where a draft has been dishonored by nonacceptance a later presentment for payment and any notice of dishonor and protest for nonpayment are excused unless in the meantime the instrument has been accepted.

      5.  A waiver of protest is also a waiver of presentment and of notice of dishonor even though protest is not required.

      6.  Where a waiver of presentment or notice or protest is embodied in the instrument itself it is binding upon all parties; but where it is written above the signature of an endorser it binds him only.] Presentment for payment or acceptance of an instrument is excused if:

      (a) The person entitled to present the instrument cannot with reasonable diligence make presentment;

      (b) The maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings;

      (c) By the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer;

      (d) The drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or

      (e) The drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.

      2.  Notice of dishonor is excused if by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or the party whose obligation is being enforced waived notice of dishonor.


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ê1993 Statutes of Nevada, Page 1295 (Chapter 402, AB 617)ê

 

instrument, or the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.

      3.  Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.

      Sec. 72.  NRS 104.3601 is hereby amended to read as follows:

      104.3601  1.  The [extent of the discharge of any party from liability on an instrument is governed by the sections on:

      (a) Payment or satisfaction (NRS 104.3603); or

      (b) Tender of payment (NRS 104.3604); or

      (c) Cancellation or renunciation (NRS 104.3605); or

      (d) Impairment of right of recourse or of collateral (NRS 104.3606); or

      (e) Reacquisition of the instrument by a prior party (NRS 104.3208); or

      (f) Fraudulent and material alteration (NRS 104.3407); or

      (g) Certification of a check (NRS 104.3411); or

      (h) Acceptance varying a draft (NRS 104.3412); or

      (i) Unexcused delay in presentment or notice of dishonor or protest (NRS 104.3502).

      2.  Any party is also discharged from his liability on an instrument to another party by any other act or agreement with such party which would discharge his simple contract for the payment of money.

      3.  The liability of all parties is discharged when any party who has himself no right of action or recourse on the instrument:

      (a) Reacquires the instrument in his own right; or

      (b) Is discharged under any provision of this article, except as otherwise provided with respect to discharge for impairment of recourse or of collateral (NRS 104.3606).] obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.

      2.  Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.

      Sec. 73.  NRS 104.3602 is hereby amended to read as follows:

      104.3602  [No discharge of any party provided by this article is effective against a subsequent holder in due course unless he has notice thereof when he takes the instrument.]

      1.  In this section, the term “endorser” includes a drawer having the obligation described in subsection 4 of section 6 of this act.

      2.  Discharge, under NRS 104.3605, of the obligation of a party to pay an instrument does not discharge the obligation of an endorser or accommodation party having a right of recourse against the discharged party.

      3.  If a person entitled to enforce an instrument agrees, with or without consideration, to an extension of the due date of the obligation of a party to pay the instrument, the extension discharges an endorser or accommodation party having a right of recourse against the party whose obligation is extended to the extent the endorser or accommodation party proves that the extension caused loss to him with respect to the right of recourse.


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ê1993 Statutes of Nevada, Page 1296 (Chapter 402, AB 617)ê

 

      4.  If a person entitled to enforce an instrument agrees, with or without consideration, to a material modification of the obligation of a party other than an extension of the due date, the modification discharges the obligation of an endorser or accommodation party having a right of recourse against the person whose obligation is modified to the extent the modification causes loss to the endorser or accommodation party with respect to the right of recourse. The loss suffered by the endorser or accommodation party as a result of the modification is equal to the amount of the right of recourse unless the person enforcing the instrument proves that no loss was caused by the modification or that the loss caused by the modification was an amount less than the amount of the right of recourse.

      5.  If the obligation of a party to pay an instrument is secured by an interest in collateral and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of an endorser or accommodation party having a right of recourse against the obligor is discharged to the extent of the impairment. The value of an interest in collateral is impaired to the extent the value of the interest is reduced to an amount less than the amount of the right of recourse of the party asserting discharge, or the reduction in value of the interest causes an increase in the amount by which the amount of the right of recourse exceeds the value of the interest. The burden of proving impairment is on the party asserting discharge.

      6.  If the obligation of a party is secured by an interest in collateral not provided by an accommodation party and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of any party who is jointly and severally liable with respect to the secured obligation is discharged to the extent the impairment causes the party asserting discharge to pay more than he would have been obliged to pay, taking into account rights of contribution, if impairment had not occurred. If the party asserting discharge is an accommodation party not entitled to discharge under subsection 5, he is deemed to have a right to contribution based on joint and several liability rather than a right to reimbursement. The burden of proving impairment is on the party asserting discharge.

      7.  Under subsection 5 or 6, impairing value of an interest in collateral includes:

      (a) Failure to obtain or maintain perfection or recordation of the interest in collateral;

      (b) Release of collateral without substitution of collateral of equal value;

      (c) Failure to perform a duty to preserve the value of collateral owed under article 9 or other law to a debtor or surety or other person secondarily liable; or

      (d) Failure to comply with applicable law in disposing of collateral.

      8.  An accommodation party is not discharged under subsection 3, 4 or 5 unless the person entitled to enforce the instrument knows of the accommodation or has notice under subsection 3 of NRS 104.3415 that the instrument was signed for accommodation.

      9.  A party is not discharged under this section if:

      (a) The party asserting discharge consents to the event or conduct that is the basis of the discharge; or


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ê1993 Statutes of Nevada, Page 1297 (Chapter 402, AB 617)ê

 

      (b) The instrument or a separate agreement of the party provides for waiver of discharge under this section either specifically or by general language indicating that parties waive defenses based on suretyship or impairment of collateral.

      Sec. 74.  NRS 104.3603 is hereby amended to read as follows:

      104.3603  1.  [The liability of any party is discharged to the extent of his payment or satisfaction to the holder even though it is made with knowledge of a claim of another person to the instrument unless prior to such payment or satisfaction the person making the claim either supplies indemnity deemed adequate by the party seeking the discharge or enjoins payment or satisfaction by order of a court of competent jurisdiction in an action in which the adverse claimant and the holder are parties. This subsection does not, however, result in the discharge of the liability:

      (a) Of a party who in bad faith pays or satisfies a holder who acquired the instrument by theft or who (unless having the rights of a holder in due course) holds through one who so acquired it; or

      (b) Of a party (other than an intermediary bank or a payor bank which is not a depositary bank) who pays or satisfies the holder of an instrument which has been restrictively endorsed in a manner not consistent with the terms of such restrictive endorsement.

      2.  Payment or satisfaction may be made with the consent of the holder by any person including a stranger to the instrument. Surrender of the instrument to such a person gives him the rights of a transferee (NRS 104.3201).] Except as otherwise provided in subsection 2, an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument, and to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under NRS 104.3306 by another person.

      2.  The obligation of a party to pay the instrument is not discharged under subsection 1 if:

      (a) A claim to the instrument under NRS 104.3306 is enforceable against the party receiving payment and:

             (1) Payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or

             (2) In the case of an instrument other than a cashier’s check, teller’s check or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or

      (b) The person making payment knows that the instrument is a stolen instrument and pays a person he knows is in wrongful possession of the instrument.

      Sec. 75.  NRS 104.3604 is hereby amended to read as follows:

      104.3604  1.  [Any party making tender of full payment to a holder when or after it is due is discharged to the extent of all subsequent liability for interest, costs and attorney’s fees.

      2.  The holder’s refusal of such tender wholly discharges any party who has a right of recourse against the party making the tender.


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      3.  Where the maker or acceptor of an instrument payable otherwise than on demand is able and ready to pay at every place of payment specified in the instrument when it is due, it is equivalent to tender.] If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

      2.  If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

      3.  If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

      Sec. 76.  NRS 104.3605 is hereby amended to read as follows:

      104.3605  1.  [The holder of an instrument may even without consideration discharge any party:

      (a) In any manner apparent on the face of the instrument or the endorsement, as by intentionally canceling the instrument or the party’s signature by destruction or mutilation, or by striking out the party’s signature; or

      (b) By renouncing his rights by a writing signed and delivered or by surrender of the instrument to the party to be discharged.

      2.  Neither cancellation nor renunciation without surrender of the instrument affects the title thereto.] A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument:

      (a) By an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation or cancellation of the instrument, cancellation or striking out of the party’s signature, or the addition of words to the instrument indicating discharge; or

      (b) By agreeing not to sue or otherwise renouncing rights against the party by a signed writing.

      2.  Cancellation or striking out of an endorsement pursuant to subsection 1 does not affect the status and rights of a party derived from the endorsement.

      Sec. 77.  NRS 104.4101 is hereby amended to read as follows:

      104.4101  This article [shall be known and] may be cited as Uniform Commercial Code—Bank Deposits and Collections.

      Sec. 78.  NRS 104.4102 is hereby amended to read as follows:

      104.4102  1.  To the extent that items within this article are also within [the scope of] articles 3 and 8, they are subject to [the provisions of] those articles. [In the event of conflict the provisions of] If there is a conflict, this article [govern those of] governs article 3 , but [the provisions of] article 8 [govern those of] governs this article.

      2.  The liability of a bank for action or nonaction with respect to [any] an item handled by it for purposes of presentment, payment or collection is governed by the law of the place where the bank is located.


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ê1993 Statutes of Nevada, Page 1299 (Chapter 402, AB 617)ê

 

governed by the law of the place where the bank is located. In the case of action or nonaction by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.

      Sec. 79.  NRS 104.4103 is hereby amended to read as follows:

      104.4103  1.  The effect of the provisions of this article may be varied by agreement [except that no agreement can] , but the parties to the agreement cannot disclaim a bank’s responsibility for its own lack of good faith or failure to exercise ordinary care or [can] limit the measure of damages for [such] the lack or failure . [; but] However, the parties may determine by agreement [determine] the standards by which [such] the bank’s responsibility is to be measured if [such] those standards are not manifestly unreasonable.

      2.  Federal Reserve regulations and operating [letters, clearing house] circulars, clearinghouse rules, and the like [,] have the effect of agreements under subsection 1, whether or not specifically assented to by all parties interested in items handled.

      3.  Action or nonaction approved by this article or pursuant to Federal Reserve regulations or operating [letters constitutes] circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearinghouse rules and the like or with a general banking usage not disapproved by this article, is prima facie [constitutes] the exercise of ordinary care.

      4.  The specification or approval of certain procedures by this article [does not constitute] is not disapproval of other procedures [which] that may be reasonable under the circumstances.

      5.  The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount [which] that could not have been realized by the [use] exercise of ordinary care . [, and where] If there is also bad faith , it includes other damages [, if any, suffered by] the party suffered as a proximate consequence.

      Sec. 80.  NRS 104.4104 is hereby amended to read as follows:

      104.4104  1.  In this article , unless the context otherwise requires:

      (a) “Account” means any deposit or credit account with a bank [and includes a checking, time, interest or] including a demand, time, savings , passbook, share draft or like account [.] , other than an account evidenced by a certificate of deposit.

      (b) “Afternoon” means the period of a day between noon and midnight.

      (c) “Banking day” means that part of any day on which a bank is open to the public for carrying on substantially all of its banking functions.

      (d) “Clearing house” means any association of banks or other payors regularly clearing items.

      (e) “Customer” means any person having an account with a bank or for whom a bank has agreed to collect items [and includes] , including a bank [carrying] that maintains an account [with] at another bank.

      (f) “Documentary draft” means [any negotiable or nonnegotiable draft with accompanying documents, securities or other papers to be delivered against honor of the draft.


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      (g) “Item” means any instrument for the payment of money even though it is not negotiable but does not include money.

      (h)] a draft to be presented for acceptance or payment if specified documents, certificated securities (NRS 104.8102) or instructions for uncertificated securities (NRS 104.8308), or other certificates, statements or the like are to be received by the drawee or other payor before acceptance or payment of the draft.

      (g) “Draft” means a draft as defined in NRS 104.3104 or an item, other than an instrument, that is an order.

      (h) “Drawee” means a person ordered in a draft to make payment.

      (i) “Items” means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by article 4A or a credit or debit card slip.

      (j) “Midnight deadline” with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.

      [(i) “Properly payable” includes the availability of funds for payment at the time of decision to pay or dishonor.

      (j)](k) “Settle” means to pay in cash, by [clearing house] clearinghouse settlement, in a charge or credit or by remittance, or otherwise as instructed. A settlement may be either provisional or final.

      [(k)](l) “Suspends payments” with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over or that it ceases or refuses to make payments in the ordinary course of business.

      2.  Other definitions applying to this article and the sections in which they appear are:

“Agreement for electronic presentment.” Section 8 of this act.

“Bank.” NRS 104.4105.

“Collecting bank.” NRS 104.4105.

“Depositary bank.” NRS 104.4105.

“Intermediary bank.” NRS 104.4105.

“Payor bank.” NRS 104.4105.

“Presenting bank.” NRS 104.4105.

[“Remitting bank.” NRS 104.4105.]

“Presentment notice.” Section 8 of this act.

      3.  The following definitions in other articles apply to this article:

“Acceptance.” NRS 104.3410.

“Alteration.” NRS 104.3407.

“Cashier’s check.” NRS 104.3104.

“Certificate of deposit.” NRS 104.3104.

[“Certification.” NRS 104.3411.]

“Certified check.” NRS 104.3410.

“Check.” NRS 104.3104.

[“Draft.” NRS 104.3104.]

“Good faith.” NRS 104.3102.

“Holder in due course.” NRS 104.3302.

“Instrument.” NRS 104.3104.


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ê1993 Statutes of Nevada, Page 1301 (Chapter 402, AB 617)ê

 

“Notice of dishonor.” NRS 104.3508.

“Order.” NRS 104.3102.

“Ordinary care.” NRS 104.3102.

“Person entitled to enforce.” NRS 104.3301.

“Presentment.” NRS 104.3504.

[“Protest.” NRS 104.3509.

“Secondary party.” NRS 104.3102.]

“Promise.” NRS 104.3102.

“Prove.” NRS 104.3102.

“Teller’s check.” NRS 104.3104.

“Unauthorized signature.” NRS 104.3404.

      4.  In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.

      Sec. 81.  NRS 104.4105 is hereby amended to read as follows:

      104.4105  In this article [unless the context otherwise requires:] :

      1.  “Bank” means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union or trust company.

      2.  “Depositary bank” means the first bank to [which] take an item [is transferred for collection] even though it is also the payor bank [.

      2.] , unless the item is presented for immediate payment over the counter.

      3.  “Payor bank” means a bank [by which an item is payable as drawn or accepted.

      3.] that is the drawee of a draft.

      4.  “Intermediary bank” means any bank to which an item is transferred in course of collection except the depositary or payor bank.

      [4.]5.  “Collecting bank” means any bank handling the item for collection except the payor bank.

      [5.]6.  “Presenting bank” means any bank presenting an item except a payor bank.

      [6.  “Remitting bank” means any payor or intermediary bank remitting for an item.

      7.  Each branch or separate office of a bank shall be deemed a separate bank for the purpose of the definitions of this section.]

      Sec. 82.  NRS 104.4106 is hereby amended to read as follows:

      104.4106  A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders [shall] must be given under this article and under article 3 . [, and the receipt of any notice or order by, or the knowledge of, one branch or separate office of a bank is not actual or constructive notice to or knowledge of any other branch or separate office of the same bank and does not impair the right of such other branch or separate office to be a holder in due course of an item.]

      Sec. 83.  NRS 104.4108 is hereby amended to read as follows:

      104.4108  1.  Unless otherwise instructed, a collecting bank in a good faith effort to secure payment [may, in the case of specific items] of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify or extend time limits imposed or permitted by this chapter for a period not [in excess of an additional banking day] exceeding two additional banking days without discharge of [secondary parties and without] drawers or endorsers or liability to its transferor or [any] a prior party.


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ê1993 Statutes of Nevada, Page 1302 (Chapter 402, AB 617)ê

 

parties and without] drawers or endorsers or liability to its transferor or [any] a prior party.

      2.  Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this chapter or by instructions is excused if :

      (a) The delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions , failure of equipment or other circumstances beyond the control of the bank [provided it] ; and

      (b) The bank exercises such diligence as the circumstances require.

      Sec. 84.  NRS 104.4201 is hereby amended to read as follows:

      104.4201  1.  Unless a contrary intent clearly appears and [prior to] before the time that a settlement given by a collecting bank for an item is or becomes final , [(subsection 3 of NRS 104.4211 and NRS 104.4212 and 104.4213)] the bank , with respect to the item, is an agent or subagent of the owner of the item and any settlement given for the item is provisional. This provision applies regardless of the form of endorsement or lack of endorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank such as those resulting from outstanding advances on the item and [valid] rights of recoupment or setoff. [When] If an item is handled by banks for purposes of presentment, payment [and collection,] , collection or return, the relevant provisions of this article apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.

      2.  After an item has been endorsed with the words “pay any bank” or the like, only a bank may acquire the rights of a holder [:

      (a) Until the item has been returned] until the item has been:

      (a) Returned to the customer initiating collection; or

      (b) [Until the item has been specially] Specially endorsed by a bank to a person who is not a bank.

      Sec. 85.  NRS 104.4202 is hereby amended to read as follows:

      104.4202  1.  A collecting bank must [use] exercise ordinary care in:

      (a) Presenting an item or sending it for presentment;

      (b) Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank’s transferor [or directly to the depositary bank under subsection 2 of NRS 104.4212] after learning that the item has not been paid or accepted, as the case may be;

      (c) Settling for an item when the bank receives final settlement; and

      (d) [Making or providing for any necessary protest; and

      (e)] Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.

      2.  A collecting bank [taking proper action before its midnight deadline following receipt of an item, notice or payment acts seasonably; taking proper action within a reasonably longer time may be seasonable but the bank has the burden of so establishing.] exercises ordinary care under subsection 1 by taking proper action before its midnight deadline following receipt of an item, notice or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.


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ê1993 Statutes of Nevada, Page 1303 (Chapter 402, AB 617)ê

 

time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.

      3.  Subject to paragraph (a) of subsection 1, a bank is not liable for the insolvency, neglect, misconduct, mistake or default of another bank or person or for loss or destruction of or inability to obtain repossession of an item in the possession of others or in transit . [or in the possession of others.]

      Sec. 86.  NRS 104.4203 is hereby amended to read as follows:

      104.4203  Subject to the provisions of article 3 concerning conversion of instruments (NRS 104.3419) and [the provisions of both article 3 and this article concerning] restrictive endorsements (NRS 104.3205), only a collecting bank’s transferor can give instructions [which] that affect the bank or constitute notice to it , and a collecting bank is not liable to prior parties for any action taken pursuant to [such] the instructions or in accordance with any agreement with its transferor.

      Sec. 87.  NRS 104.4204 is hereby amended to read as follows:

      104.4204  1.  A collecting bank [must] shall send items by a reasonably prompt method , taking into consideration [any] relevant instructions, the nature of the item, the number of such items on hand, [and] the cost of collection involved , and the method generally used by it or others to present such items.

      2.  A collecting bank may send:

      (a) [Any item direct] An item directly to the payor bank;

      (b) [Any item to any] An item to a nonbank payor if authorized by its transferor; and

      (c) [Any] An item other than documentary drafts to [any] a nonbank payor, if authorized by Federal Reserve regulation or operating [letter,] circular, clearinghouse rule or the like . [;

      (d) Any item to any Federal Reserve bank; and

      (e) Any item to any other bank or agency thereof.

Items may be sent to the place of business of, or to any place designated by, those to whom items may be sent under paragraphs (a), (b), (c), (d) or (e).]

      3.  Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.

      Sec. 88.  NRS 104.4205 is hereby amended to read as follows:

      104.4205  [1.  A depositary bank which has taken an item for collection may supply any endorsement of the customer which is necessary to title unless the item contains the words “payee’s endorsement required” or the like. In the absence of such a requirement a statement placed on the item by the depositary bank to the effect that the item was deposited by a customer or credited to his account is effective as the customer’s endorsement.

      2.  An intermediary bank, or payor bank which is not a depository bank, is neither given notice nor otherwise affected by a restrictive endorsement of any person except the bank’s immediate transferor.] If a customer delivers an item to a depositary bank for collection:

      1.  The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer endorses the item, and, if the bank satisfies the other requirements of NRS 104.3302, it is a holder in due course; and


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ê1993 Statutes of Nevada, Page 1304 (Chapter 402, AB 617)ê

 

      2.  The depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer’s account.

      Sec. 89.  NRS 104.4207 is hereby amended to read as follows:

      104.4207  1.  [Each customer or collecting bank who obtains payment or acceptance of an item and each prior customer and collecting bank warrants to the payor bank or other payor who is good faith pays or accepts the item that:

      (a) He has a good title to the item or is authorized to obtain payment or acceptance on behalf of one who has a good title; and

      (b) He has no knowledge that the signature of the maker or drawer is unauthorized, except that this warranty is not given by any customer or collecting bank that is a holder in due course and acts in good faith:

             (1) To a maker with respect to the maker’s own signature; or

             (2) To a drawer with respect to the drawer’s own signature, whether or not the drawer is also the drawee; or

             (3) To an acceptor of an item if the holder in due course took the item after the acceptance or obtained the acceptance without knowledge that the drawer’s signature was unauthorized; and

      (c) The item has not been materially altered, except that this warranty is not given by any customer or collecting bank that is a holder in due course and acts in good faith:

             (1) To the maker of a note; or

             (2) To the drawer of a draft whether or not the drawer is also the drawee; or

             (3) To the acceptor of an item with respect to an alteration made prior to the acceptance if the holder in due course took the item after the acceptance, even though the acceptance provided “payable as originally drawn” or equivalent terms; or

             (4) To the acceptor of an item with respect to an alteration made after the acceptance.

      2.  Each customer and collecting bank who transfers an item and receives a settlement or other consideration for it warrants to his transferee and to any subsequent collecting bank who takes the item in good faith that:

      (a) He has a good title to the item or is authorized to obtain payment or acceptance on behalf of one who has a good title and the transfer is otherwise rightful; and

      (b) All signatures are genuine or authorized; and

      (c) The item has not been materially altered; and

      (d) No defense of any party is good against him; and

      (e) He has no knowledge of any insolvency proceeding instituted with respect to the maker or acceptor or the drawer of an unaccepted item.

In addition each customer and collecting bank so transferring an item and receiving a settlement or other consideration engages that upon dishonor and any necessary notice of dishonor and protest he will take up the item.

      3.  The warranties and the engagement to honor set forth in the two preceding subsections arise notwithstanding the absence of endorsement or words of guaranty or warranty in the transfer or presentment and a collecting bank remains liable for their breach despite remittance to its transferor. Damages for breach of such warranties or engagement to honor shall not exceed the consideration received by the customer or collecting bank responsible plus finance charges and expenses related to the item, if any.


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ê1993 Statutes of Nevada, Page 1305 (Chapter 402, AB 617)ê

 

for breach of such warranties or engagement to honor shall not exceed the consideration received by the customer or collecting bank responsible plus finance charges and expenses related to the item, if any.

      4.  Unless a claim for breach of warranty under this section is made within a reasonable time after the person claiming learns of the breach, the person liable is discharged to the extent of any loss caused by the delay in making claim.] A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that:

      (a) The warrantor is a person entitled to enforce the item;

      (b) All signatures on the item are authentic and authorized;

      (c) The item has not been altered;

      (d) The item is not subject to a defense or claim in recoupment (subsection 1 of NRS 104.3305) of any party that can be asserted against the warrantor; and

      (e) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

      2.  If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item according to the terms of the item at the time it was transferred, or if the transfer was of an incomplete item, according to its terms when completed as stated in NRS 104.3115 and 104.3407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an endorsement stating that it is made “without recourse” or otherwise disclaiming liability.

      3.  A person to whom the warranties under subsection 1 are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.

      4.  The warranties stated in subsection 1 cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.

      5.  A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.

      Sec. 90.  NRS 104.4208 is hereby amended to read as follows:

      104.4208  1.  A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:

      (a) In case of an item deposited in an account to the extent to which credit given for the item has been withdrawn or applied;

      (b) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given , whether or not the credit is drawn upon [and whether or not] or there is a right of charge-back; or

      (c) If it makes an advance on or against the item.


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ê1993 Statutes of Nevada, Page 1306 (Chapter 402, AB 617)ê

 

      2.  [When credit which has been] If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.

      3.  Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents , and proceeds. To the extent and so long as the bank does not receive final settlement for the item or give up possession of the item or accompanying documents for purposes other than collection, the security interest continues and is subject to the provisions of article 9 except that:

      (a) No security agreement is necessary to make the security interest enforceable (paragraph [(b)] (a) of subsection 1 of NRS 104.9203); [and]

      (b) No filing is required to perfect the security interest; and

      (c) The security interest has priority over conflicting perfected security interests in the item, accompanying documents , or proceeds.

      Sec. 91.  NRS 104.4209 is hereby amended to read as follows:

      104.4209  For purposes of determining its status as a holder in due course, [the] a bank has given value to the extent that it has a security interest in an item [provided that] if the bank otherwise complies with the requirements of NRS 104.3302 on what constitutes a holder in due course.

      Sec. 92.  NRS 104.4210 is hereby amended to read as follows:

      104.4210  1.  Unless otherwise instructed, a collecting bank may present an item not payable by, through or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under NRS [104.3505] 104.3504 by the close of the bank’s next banking day after it knows of the requirement.

      2.  [Where] If presentment is made by notice and [neither honor nor] payment, acceptance or request for compliance with a requirement under NRS [104.3505] 104.3504 is not received by the close of business on the day after maturity or in the case of demand items by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any [secondary party] drawer or endorser by sending him notice of the facts.

      Sec. 93.  NRS 104.4211 is hereby amended to read as follows:

      104.4211  1.  [A collecting bank may take in settlement of an item:

      (a) A check of the remitting bank or of another bank on any bank except the remitting bank; or

      (b) A cashier’s check or similar primary obligation of a remitting bank which is a member of or clears through a member of the same clearing house or group as the collecting bank; or

      (c) Appropriate authority to charge an account of the remitting bank or of another bank with the collecting bank; or

      (d) If the item is drawn upon or payable by a person other than a bank, a cashier’s check, certified check or other bank check or obligation; or

      (e) Credit on the books of any Federal Reserve bank or of any bank designated as a depositary by the collecting bank; or


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ê1993 Statutes of Nevada, Page 1307 (Chapter 402, AB 617)ê

 

      (f) Money.

      2.  If before its midnight deadline the collecting bank properly dishonors a remittance check or authorization to charge on itself or presents or forwards for collection a remittance instrument of or on another bank which is of a kind approved by subsection 1 or has not been authorized by it, the collecting bank is not liable to prior parties in the event of the dishonor of such check, instrument or authorization.

      3.  A settlement for an item by means of a remittance instrument or authorization to charge is or becomes a final settlement as to both the person making and the person receiving the settlement:

      (a) If the remittance instrument or authorization to charge is of a kind approved by subsection 1 or has not been authorized by the person receiving the settlement and in either case the person receiving the settlement acts seasonably before its midnight deadline in presenting, forwarding for collection or paying the instrument or authorization, at the time the remittance instrument or authorization is finally paid by the payor by which it is payable;

      (b) If the person receiving the settlement has authorized remittance by a nonbank check or obligation or by a cashier’s check or similar primary obligation of or a check upon the payor or other remitting bank which is not of a kind approved by paragraph (b) of subsection 1, at the time of the receipt of such remittance check or obligation;

      (c)] With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearinghouse rules, and the like, or agreement. In the absence of such prescription:

      (a) The medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by the person to receive settlement; and

      (b) The time of settlement is:

             (1) With respect to tender of settlement by cash, a cashier’s check or teller’s check, when the cash or check is sent or delivered;

             (2) With respect to tender of settlement by credit in an account in a Federal Reserve bank, when the credit is made;

             (3) With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or

             (4) With respect to tender of settlement by a funds transfer, when payment is made pursuant to subsection 1 of NRS 104A.4406, to the person receiving settlement . [; or

      (d) If in a case not covered by paragraph (a), (b) or (c) the person receiving the settlement fails seasonably to present, forward for collection, pay or return a remittance instrument or authorization to it to charge before its midnight deadline, at such midnight deadline.]

      2.  If the tender of settlement is not by a medium authorized by subsection 1 or the time of settlement is not fixed by subsection 1, no settlement occurs until the tender of settlement is accepted by the person receiving settlement.

      3.  If settlement for an item is made by cashier’s check or teller’s check and the person receiving settlement, before its midnight deadline:


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ê1993 Statutes of Nevada, Page 1308 (Chapter 402, AB 617)ê

 

      (a) Presents or forwards the check for collection, settlement is final when the check is finally paid; or

      (b) Fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.

      4.  If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.

      Sec. 94.  NRS 104.4212 is hereby amended to read as follows:

      104.4212  1.  If a collecting bank has made provisional settlement with its customer for an item and [itself] fails by reason of dishonor, suspension of payments by a bank , or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer’s account , or obtain refund from its customer , whether or not it is able to return the [items] item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank’s midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, [charge-back] charge back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final . [(subsection 3 of NRS 104.4211 and subsections 2 and 3 of NRS 104.4213).

      2.  Within the time and manner prescribed by this section and NRS 104.4301, an intermediary or payor bank, as the case may be, may return an unpaid item directly to the depositary bank and may send for collection a draft on the depositary bank and obtain reimbursement. In such case, if the depositary bank has received provisional settlement for the item, it must reimburse the bank drawing the draft and any provisional credits for the item between banks shall become and remain final.]

      2.  A collecting bank returns an item when it is sent or delivered to the bank’s customer or transferor or pursuant to its instructions.

      3.  A depositary bank [which] that is also the payor may [charge-back] charge back the amount of an item to its customer’s account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (NRS 104.4301).

      4.  The right to [charge-back] charge back is not affected by:

      (a) [Prior] Previous use of the credit given for the item; or

      (b) Failure by any bank to exercise ordinary care with respect to the item but [any] a bank so failing remains liable.

      5.  A failure to [charge-back] charge back or claim refund does not affect other rights of the bank against the customer or any other party.

      6.  If credit is given in dollars as the equivalent of the value of an item payable in [a foreign currency] foreign money, the dollar amount of any [charge-back] charge back or refund [shall] must be calculated on the basis of the [buying sight] bank-offered spot rate for the foreign [currency] money prevailing on the day when the person entitled to the [charge-back] charge back or refund learns that it will not receive payment in ordinary course.


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ê1993 Statutes of Nevada, Page 1309 (Chapter 402, AB 617)ê

 

      [7.  The right to obtain refund is not affected by:

      (a) Prior use of the credit given for the item; or

      (b) Failure by any bank to exercise ordinary care with respect to the item except to the extent of the bank’s liability therefor.] If the return or notice is delayed beyond the bank’s midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay.

      Sec. 95.  NRS 104.4213 is hereby amended to read as follows:

      104.4213  1.  [An] Except as otherwise provided in NRS 104.3418, an item is finally paid by a payor bank when the bank has first done any of the following : [, whichever happens first:]

      (a) Paid the item in cash; [or]

      (b) Settled for the item without having a right to revoke settlement under statute, clearinghouse rule, [agreement or reservation thereof; or

      (c) Settled for the item having a right to revoke the settlement under statute, clearing house rule, agreement or reservation thereof, and failed to revoke the settlement in the time and manner permitted under such right.

Upon a final payment under paragraphs (b) and (c) the payor bank shall be accountable for the amount of the item.

      2.] or agreement; or

      (c) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule, or agreement.

      2.  If provisional settlement for an item does not become final, the item is not finally paid.

      3.  If provisional settlement for an item between the presenting and payor banks is made through a clearing house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank.

      [3.]4.  If a collecting bank receives a settlement for an item which is or becomes final , [(subsection 3 of NRS 104.4211, subsection 2 of NRS 104.4213)] the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.

      [4.]5.  Subject to applicable law stating a time for availability of funds and any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in an account with its customer becomes available for withdrawal as of right:

      (a) [In any case where] If the bank has received a provisional settlement for the item, when [such] the settlement becomes final and the bank has had a reasonable time to [learn that the settlement is final.

      (b) In any case where] receive return of the item and the item has not been received within that time:

      (b) If the bank is both a depositary bank and a payor bank and the item is finally paid, at the opening of the bank’s second banking day following receipt of the item.


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ê1993 Statutes of Nevada, Page 1310 (Chapter 402, AB 617)ê

 

      [5.  A deposit of money in a bank is final when made but, subject to]

      6.  Subject to applicable law stating a time for availability of funds and any right of the bank to apply the deposit to an obligation of the customer, the deposit becomes available for withdrawal as of right at the opening of the bank’s next banking day [following] after receipt of the deposit.

      Sec. 96.  NRS 104.4214 is hereby amended to read as follows:

      104.4214  1.  [Any item in or coming] If an item is in or comes into the possession of a payor or collecting bank [which] that suspends payment and [which item is not] the item has not been finally paid [shall] the item must be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the closed bank’s customer.

      2.  If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.

      3.  If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the [settlement] settlement’s becoming final if [such] the finality occurs automatically upon the lapse of certain time or the happening of certain events . [(subsection 3 of NRS 104.4211, paragraph (d) of subsection 1 and subsections 2 and 3 of NRS 104.4213).]

      4.  If a collecting bank receives from subsequent parties settlement for an item [which] , the settlement is or becomes final , and the bank suspends payments without making a settlement for the item with its customer which is or becomes final, the owner of the item has a preferred claim against [such] the collecting bank.

      Sec. 97.  NRS 104.4301 is hereby amended to read as follows:

      104.4301  1.  [Where an authorized settlement] If a payor bank settles for a demand item [(] other than a documentary draft [) received by a payor bank] presented otherwise than for immediate payment over the counter [has been made] before midnight of the banking day of receipt the payor bank may revoke the settlement and recover [any payment] the settlement if , before it has made final payment [(subsection 1 of NRS 104.4213)] and before its midnight deadline , it:

      (a) Returns the item; or

      (b) Sends written notice of dishonor or nonpayment if the item is [held for protest or is otherwise] unavailable for return.

      2.  If a demand item is received by a payor bank for credit on its books it may return [such] the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in [the preceding subsection.] subsection 1.

      3.  Unless previous notice of dishonor has been sent an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.

      4.  An item is returned:

      (a) As to an item [received] presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with [its] clearinghouse rules; or


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ê1993 Statutes of Nevada, Page 1311 (Chapter 402, AB 617)ê

 

      (b) In all other cases, when it is sent or delivered to the bank’s customer or transferor or pursuant to his instructions.

      Sec. 98.  NRS 104.4302 is hereby amended to read as follows:

      104.4302  [In the absence of a valid defense such as breach of a presentment warranty (subsection 1 of NRS 104.4207), settlement effected or the like, if]

      1.  If an item is presented [on] to and received by a payor bank , the bank is accountable for the amount of:

      [1.](a) A demand item , other than a documentary draft , whether properly payable or not , if the bank, in any case where it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, [regardless of] whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or

      [2.](b) Any other properly payable item unless , within the time allowed for acceptance or payment of that item , the bank either accepts or pays the item or returns it and accompanying documents.

      2.  The liability of a payor bank to pay an item pursuant to subsection 1 is subject to defenses based on breach of a presentment warranty (section 10 of this act) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.

      Sec. 99.  NRS 104.4303 is hereby amended to read as follows:

      104.4303  1.  Any knowledge, notice or [stop-order] stop-payment order received by, legal process served upon , or setoff exercised by a payor bank [, whether or not effective under other rules of law] comes too late to terminate, suspend or modify the bank’s right or duty to pay an item or to charge its customer’s account for the item [, comes too late so to terminate, suspend or modify such right or duty] if the knowledge, notice, [stop-order] stop-payment order or legal process is received or served and [the bank does not have] a reasonable time for the bank to act thereon [before,] expires or the setoff is exercised after [, the happening of any] the earliest of the following:

      (a) The bank [has accepted or certified] accepts or certifies the item;

      (b) The bank [has paid] pays the item in cash;

      (c) The bank [has settled] settles for the item without having a right to revoke the settlement under statute, [clearing house rule, agreement or reservation thereof;

      (d) The cutoff hour (NRS 104.4107) or the close of the banking day if no cutoff hour is fixed of the day on which the bank received the item;

      (e)] clearinghouse rule, or agreement;

      (d) The bank [has become] becomes accountable for the amount of the item under [paragraph (d) of subsection 1 of NRS 104.4213 and] NRS 104.4302 dealing with the payor bank’s responsibility for late return of items; or

      [(f) The item has been deposited or received for deposit for credit in an account of a customer with the payor bank.]

      (e) With respect to checks, a cutoff hour no earlier than 1 hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.


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

ê1993 Statutes of Nevada, Page 1312 (Chapter 402, AB 617)ê

 

no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.

      2.  Subject to the provisions of subsection 1 items may be accepted, paid, certified or charged to the indicated account of its customer in any order . [convenient to the bank and before or after its regular banking hours. A bank is under no obligation to determine the time of day an item is received and without liability may withhold the amount thereof pending a determination of the effect, consequence or priority of any knowledge, notice, stop-order or legal process concerning the same, or interplead such amount and the claimants thereto.]

      Sec. 100.  NRS 104.4401 is hereby amended to read as follows:

      104.4401  1.  [As against its customer, a] A bank may charge against [his] the account of a customer any item [which is otherwise] that is properly payable from that account even though the charge creates an overdraft . [and in such event recover or obtain refund of the amount of the overdraft.

      2.]  An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.

      2.  A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.

      3.  A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in subsection 2 of NRS 104.4403 for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in NRS 104.4303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under NRS 104.4402.

      4.  A bank which in good faith makes payment to a holder may charge the indicated account of its customer according to:

      (a) The original [tenor] terms of his altered item; or

      (b) The [tenor] terms of his completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.

      Sec. 101.  NRS 104.4402 is hereby amended to read as follows:

      104.4402  1.  Except as otherwise provided in this article, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.

      2.  A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. [When the dishonor occurs through mistake liability] Liability is limited to actual damages proved [.] and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.


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

ê1993 Statutes of Nevada, Page 1313 (Chapter 402, AB 617)ê

 

      3.  A payor bank’s determination of the customer’s account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent determination is made for the purpose of reevaluating the bank’s decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.

      Sec. 102.  NRS 104.4403 is hereby amended to read as follows:

      104.4403  1.  A customer [, or any customer if there is more than one, or any person authorized to sign checks or make withdrawals thereon, may stop payment of any item payable for or drawn against such customer’s or customers’ account, but the bank may disregard the same unless the order is in writing, is signed by such customer or authorized person, describes with certainty the item on which payment is to be stopped, and is received by the bank in such time and in such manner as to afford] or any person authorized to draw on the account if there is more than one person, may stop payment of any item drawn on the customer’s account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it [prior to] before the happening of any of the events described in NRS 104.4303.

      [2.  An order may be disregarded by the bank 6 months after receipt unless renewed in writing.

      3.  The bank is liable to its customer for the actual loss incurred by him resulting from the payment of an item contrary to a binding stop payment order, not exceeding the amount of the item unless the bank is guilty of negligence.] If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.

      2.  A stop-payment order is effective for 6 months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional 6-month periods by a writing given to the bank within a period during which the stop-payment order is effective.

      3.  The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a [binding stop payment order] stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under NRS 104.4402.

      Sec. 103.  NRS 104.4405 is hereby amended to read as follows:

      104.4405  1.  A payor or collecting bank’s authority to accept, pay or collect an item or to account for proceeds of its collection , if otherwise effective , is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes [such] the authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.


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

ê1993 Statutes of Nevada, Page 1314 (Chapter 402, AB 617)ê

 

      2.  Even with knowledge , [of the death of a customer or of any person authorized to sign checks or make withdrawals] a bank may, for 10 days after the date of death, pay or certify checks drawn by the decedent on or [prior to] before that date unless [the bank has received notice of an adverse claim supported by a court order or by a surety bond acceptable to it which need not exceed double the amount claimed.

      3.  Even with knowledge of the incompetence of a customer, whether adjudicated or not, a bank may, if the item would have been effective prior to such incompetence, accept, pay, collect and account for the proceeds of any item drawn by any other customer or person authorized by such other customer, unless the bank has received notice of an adverse claim supported by a court order or by a surety bond acceptable to it which need not exceed double the amount claimed.

      4.  A bank may refuse to pay a check, draft or other order for the withdrawal of money from an account, whether commercial or savings, if it believes or receives an affidavit stating that the person drawing, endorsing or presenting the instrument is or was at the time of signing, endorsing or presenting it so under the influence of liquor or drugs or so mentally or physically disabled as to raise doubt whether such person is or was competent to transact business. No damages shall be awarded in any action against the bank, or its officers or other employees, for refusing in good faith to pay any such instrument for that reason or in relying upon such affidavit.] ordered to stop payment by a person claiming an interest in the account.

      Sec. 104.  NRS 104.4406 is hereby amended to read as follows:

      104.4406  1.  [When a bank sends to its customer a statement of account accompanied by items paid in good faith in support of the debit entries or holds the statement and items pursuant to a request or instructions of its customer or otherwise in a reasonable manner makes the statement and items available to the customer, the customer must exercise reasonable care and promptness to examine the statement and items to discover his unauthorized signature or any alteration on an item and must notify the bank promptly after discovery thereof.

      2.]  A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount and date of payment.

      2.  If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of 7 years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item, has been destroyed or is not otherwise obtainable, a legible copy of the item.

      3.  If a bank sends or makes available a statement of account or items pursuant to subsection 1, the customer must exercise reasonable promptness in examining the statement or the items to determine whether any payment was not authorized because of an alteration of an item or because of purported signature by or on behalf of the customer was not authorized.


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

ê1993 Statutes of Nevada, Page 1315 (Chapter 402, AB 617)ê

 

signature by or on behalf of the customer was not authorized. If, based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment, the customer must promptly notify the bank of the relevant facts.

      4.  If the bank [establishes] proves that the customer failed , with respect to an item , to comply with the duties imposed on [the customer] him by subsection [1 the customer] 3, he is precluded from asserting against the bank:

      (a) His unauthorized signature or any alteration on the item , if the bank also [establishes] proves that it suffered a loss by reason of [such] the failure; and

      (b) [An] His unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank [after the first item and statement was available to the customer for a reasonable period not exceeding 14 calendar days and before the bank receives notification from the customer of any such unauthorized signature or alteration.

      3.  The preclusion under subsection 2 does not apply if the customer establishes lack of ordinary care on the part of the bank in paying the item(s).

      4.] if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after he had been afforded a reasonable period of time, not exceeding 30 days, in which to examine the item or statement of account and notify the bank.

      5.  If subsection 4 applies and the customer proves that the bank failed to exercise ordinary care in paying the item and that the failure substantially contributed to loss, the loss is allocated between the customer precluded and the bank asserting the preclusion according to the extent to which the failure of the customer to comply with subsection 3 and the failure of the bank to exercise ordinary care contributed to the loss. If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection 4 does not apply.

      6.  Without regard to care or lack of care of either the customer or the bank a customer who does not within 1 year [from the time] after the statement [and] or items are made available to [the customer] him (subsection 1) discover and report his unauthorized signature or any alteration on the [face or back of the item, or any unauthorized endorsement, and if the bank so requests exhibit the item to the bank for inspection,] item, is precluded from asserting against the bank [such] the unauthorized signature or [endorsement or such alteration.

      5.  If under this section a payor bank has a valid defense against a claim of a customer upon or resulting from payment of an item and waives or fails upon request to asset the defense the bank may not assert against any collecting bank or other prior party presenting or transferring the item a claim based upon the unauthorized signature or alteration giving rise to the customer’s claim.] the alteration. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under NRS 104.4208 with respect to the unauthorized signature or alteration to which the preclusion applies.


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

ê1993 Statutes of Nevada, Page 1316 (Chapter 402, AB 617)ê

 

      Sec. 105.  NRS 104.4407 is hereby amended to read as follows:

      104.4407  If a payor bank has paid an item over the [stop payment] order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank [shall be] is subrogated to the rights:

      1.  Of any holder in due course on the item against the drawer or maker; [and]

      2.  Of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and

      3.  Of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.

      Sec. 106.  NRS 11.290 is hereby amended to read as follows:

      11.290  [To] Except as otherwise provided in subsection 5 of NRS 104.3117, to actions brought to recover money or other property deposited with any bank, banker, trust company or savings and loan society, there is no limitation.

      Sec. 107.  NRS 240.071 is hereby amended to read as follows:

      240.071  1.  In taking an acknowledgment, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the instrument.

      2.  In taking a verification upon oath or affirmation, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the verification is the person whose signature is on the verified statement.

      3.  In witnessing or attesting a signature, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the signature is that of the person appearing before him and named in the document signed.

      4.  In certifying or attesting a copy of a document or other item, a notarial officer shall determine that the proffered copy is a complete, accurate and authentic transcription or reproduction of that which was copied.

      5.  In making or noting a protest of a negotiable instrument, a notarial officer shall verify compliance with the provisions of subsection 2 of NRS [104.3509.] 104.3510.

      6.  A notarial officer has satisfactory evidence that a person is the person whose signature is on a document if [that person:] he:

      (a) Is personally known to the notarial officer;

      (b) Is identified upon the oath or affirmation of a credible witness personally known to the notarial officer; or

      (c) Is identified on the basis of an identifying document.

      Sec. 108.  NRS 104.3120, 104.3121, 104.3122, 104.3208, 104.3501, 104.3502, 104.3503, 104.3505, 104. 3506, 104.3509, 104.3606, 104.3701, 104.3801, 104.3802, 104.3803, 104.3804 and 104.3805 are hereby repealed.


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

ê1993 Statutes of Nevada, Page 1317 (Chapter 402, AB 617)ê

 

      Sec. 109.  The legislative counsel shall reserve for reuse the numbers of the sections repealed by section 108 of this act and in preparing the 1993 reprint of NRS shall number the sections of chapter 104 of NRS which are added, amended or left unchanged by this act to correspond to the numbers assigned within the respective articles of the Uniform Commercial Code by the National Conference of Commissioners on Uniform State Laws. The reserved numbers not so used are reserved for future use for similar purposes.

      Sec. 110.  1.  This section and section 109 of this act become effective upon passage and approval.

      2.  Section 107 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 403, AB 623

Assembly Bill No. 623—Committee on Government Affairs

CHAPTER 403

AN ACT relating to the state emergency response commission; requiring certain money received by the state to be deposited in the contingency account for hazardous materials; authorizing the commission to adopt regulations which regulate the division of emergency management of the department of the military; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 459.735 is hereby amended to read as follows:

      459.735  1.  The contingency account for hazardous materials is hereby created in the state general fund.

      2.  The commission shall administer the contingency account for hazardous materials, and the money in the account may be expended only for:

      (a) Carrying out the provisions of NRS 459.735 to 459.770, inclusive;

      (b) Carrying out the provisions of Public Law 99-499 [;] and Title I of Public Law 93-633;

      (c) Maintaining and supporting the operations of the commission and local emergency planning committees;

      (d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and

      (e) Operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045.

      3.  All money received by this state as a result of Public Law 99-499 or Title I of Public Law 93-633 must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. In addition, all money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. The state controller shall transfer from the contingency account to the operating account of the state fire marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the state fire marshal for use pursuant to paragraph (e) of subsection 2.


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

ê1993 Statutes of Nevada, Page 1318 (Chapter 403, AB 623)ê

 

the operating account of the state fire marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the state fire marshal for use pursuant to paragraph (e) of subsection 2. The interest and income earned on the money in the contingency account, after deducting any applicable charges, must be credited to the account.

      4.  All claims against the contingency account for hazardous materials must be paid as other claims against the state are paid.

      Sec. 2.  NRS 459.742 is hereby amended to read as follows:

      459.742  The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:

      1.  Enter into contracts, leases or other agreements or transactions;

      2.  Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;

      3.  Assist with the development of comprehensive plans for responding to such emergencies in this state;

      4.  Provide technical assistance and administrative support to the telecommunications division of the department of general services for the development of systems for communication during such emergencies;

      5.  Provide technical and administrative support and assistance for training programs;

      6.  Develop a system to provide public access to data relating to hazardous materials; [and]

      7.  Support any activity or program eligible to receive money from the contingency fund for hazardous materials [.] ;

      8.  Adopt regulations setting forth the manner in which the division of emergency management of the department of the military must:

      (a) Allocate money received by the division which relates to hazardous materials or is received pursuant to Public Law 99-499 or Title I of Public Law 93-633; and

      (b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and

      9.  Coordinate the activities administered by state agencies to carry out the provisions of chapter 459 of NRS, Public Law 99-499 and Title I of Public Law 93-633.

      Sec. 3.  Section 3 of Assembly Bill No. 126 of this session is hereby amended to read as follows:

       Sec. 3.  NRS 459.735 is hereby amended to read as follows:

       459.735  1.  The contingency account for hazardous materials is hereby created in the state general fund.

       2.  The commission shall administer the contingency account for hazardous materials, and the money in the account may be expended only for:

       (a) Carrying out the provisions of NRS 459.735 to 459.770, inclusive [;] , and section 1 of this act;

       (b) Carrying out the provisions of Public Law 99-499 and Title I of Public Law 93-633;

       (c) Maintaining and supporting the operations of the commission and local emergency planning committees;


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

ê1993 Statutes of Nevada, Page 1319 (Chapter 403, AB 623)ê

 

       (d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and

       (e) Operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045.

       3.  All money received by this state as a result of Public Law 99-499 or Title I of Public Law 93-633 must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. In addition, all money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. The state controller shall transfer from the contingency account to the operating account of the state fire marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the state fire marshal for use pursuant to paragraph (e) of subsection 2. The interest and income earned on the money in the contingency account, after deducting any applicable charges, must be credited to the account.

       4.  All claims against the contingency account for hazardous materials must be paid as other claims against the state are paid.

      Sec. 4.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 404, AB 643

Assembly Bill No. 643—Assemblymen Giunchigliani, Price, Evans, Kenny, Ernaut, Schneider, Neighbors, Heller, Collins, de Braga, Smith, Petrak, Segerblom, Haller, Humke, Bache, Anderson, Chowning, McGaughey, Lambert, Regan, Gregory, Hettrick, Tiffany, Spitler, Porter, Arberry, Marvel, Wendell Williams, Freeman, Garner, Perkins, Bennett, Carpenter, Myrna Williams, Toomin, Augustine and Dini

CHAPTER 404

AN ACT relating to education; requiring the superintendent of public instruction to establish pilot programs to develop internships which prepare and train pupils to serve as apprentices and allow those pupils to earn academic credit; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  For the school year 1994-95, the superintendent of public instruction shall establish, in cooperation with the county school districts and the state apprenticeship council, programs to develop internships in businesses for pupils enrolled in grades 11 and 12. The internships must be designed to:

      (a) Prepare and train the pupils to serve as apprentices; and

      (b) Allow the pupils to earn academic credit for their work at their internship.


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

ê1993 Statutes of Nevada, Page 1320 (Chapter 404, AB 643)ê

 

      2.  On or before October 1, 1993, and quarterly thereafter, the superintendent of public instruction shall submit reports on the progress of the pilot programs to the state board of education and to the director of the legislative counsel bureau for transmittal to the members of the legislative commission.

      3.  As used in this section, “apprentice” has the meaning ascribed to it in subsection 2 of NRS 610.010.

      4.  A student who is working as an intern pursuant to this section is not an “employee” for the purposes of chapter 608 of NRS.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 405, AB 644

Assembly Bill No. 644—Committee on Transportation

CHAPTER 405

AN ACT relating to parking; expanding the authority of counties to establish parking facilities and spaces; authorizing a regional transportation commission to establish parking facilities and spaces; authorizing a board of county commissioners or regional transportation commission to enter into agreements to provide exclusive parking in designated parking spaces in such facilities; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.294 is hereby amended to read as follows:

      244.294  1.  A board of county commissioners may construct, convert, improve, equip [, operate] and maintain [for public parking any spaces in a parking facility owned by the county which are in excess of the number of spaces required by the county for its officers and employees.] parking facilities or parking spaces for use by the general public and public employees. Such facilities or spaces must be owned and operated by the county or its agents.

      2.  The board may fix and charge reasonable fees for the use of any [public] such parking facilities or spaces . [created pursuant to subsection 1.]

      3.  The board may enter into a contract, lease or other arrangement to provide exclusive parking in designated spaces at any parking facility owned, leased or operated by the county.

      Sec. 2.  Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A commission may construct, convert, improve, equip and maintain parking facilities or parking spaces for use by the general public and public employees. Such facilities or spaces must be owned and operated by the commission or its agents.

      2.  The commission may fix and charge reasonable fees for the use of any such parking facilities or spaces.


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

ê1993 Statutes of Nevada, Page 1321 (Chapter 405, AB 644)ê

 

      3.  The commission may enter into a contract, lease or other arrangement to provide exclusive parking in designated spaces at any parking facility owned, leased or operated by the commission.

 

________

 

 

CHAPTER 406, AB 648

Assembly Bill No. 648—Assemblyman Bache

CHAPTER 406

AN ACT relating to motorcycles; revising the provisions governing the program for the education of motorcycle riders to exclude trimobiles; allowing a member of the Armed Forces stationed in Nevada to be an instructor of a program for the education of motorcycle riders; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

      3.  For each transfer of registration a fee of $6 in addition to any other fees.

      4.  Except as otherwise provided in NRS 485.383, to reinstate the registration of a motor vehicle suspended pursuant to that section, a fee of $100, which must be accounted for in the account for verification of insurance which is hereby created in the state general fund and must be used only for the purposes specified in NRS 485.383.

      5.  For every travel trailer, a fee for registration of $27.

      6.  For every permit for the operation of a golf cart, an annual fee of $10.

      Sec. 2.  Chapter 486 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in NRS 486.372 to 486.377, inclusive, “motorcycle” does not include a trimobile.

      Sec. 3.  NRS 486.375 is hereby amended to read as follows:

      486.375  1.  A person who:

      (a) Is a resident of this state [;] or is a member of the Armed Forces of the United States stationed at a military installation located in Nevada;

      (b) Is at least 21 years old;

      (c) Holds a motorcycle driver’s license or a motorcycle endorsement to a driver’s license issued by the department;


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ê1993 Statutes of Nevada, Page 1322 (Chapter 406, AB 648)ê

 

      (d) Has held a motorcycle driver’s license or endorsement for at least 2 years; and

      (e) Is certified as an instructor of motorcycle riders by a nationally recognized public or private organization which is approved by the director,

may apply to the department for a license as an instructor for the program.

      2.  The department shall not license a person as an instructor if, within [3] 2 years before he submits his application for a license:

      (a) He has accumulated three or more demerit points pursuant to the uniform system of demerit points established pursuant to NRS 483.473, or has been convicted of traffic violations of comparable number and severity in another jurisdiction; or

      (b) His driver’s license was suspended or revoked in any jurisdiction.

      3.  The director shall adopt standards and procedures for the licensing of instructors for the program.

      Sec. 4.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 407, AB 654

Assembly Bill No. 654—Committee on Judiciary

CHAPTER 407

AN ACT relating to juvenile services; authorizing the board of county commissioners of certain counties to establish a department of family, youth and juvenile services; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, “department” means the department of family, youth and juvenile services established pursuant to section 4 of this act.

      Sec. 3.  1.  The provisions of sections 2 to 7, inclusive, of this act, apply only to a county:

      (a) Whose population is 400,000 or more; and

      (b) Which constitutes a judicial district.

      2.  The provisions of NRS 62.105 to 62.125, inclusive, do not apply to a judicial district in which a department has been established for the period the ordinance establishing the department is in effect.

      Sec. 4.  1.  The board of county commissioners may by ordinance establish a department of family, youth and juvenile services.

      2.  The department:

      (a) Shall administer the provisions of services relating to the delinquency and the abuse and neglect of children with respect to matters arising pursuant to this chapter or otherwise within the jurisdiction of the juvenile court; and


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ê1993 Statutes of Nevada, Page 1323 (Chapter 407, AB 654)ê

 

      (b) May carry out programs relating to the prevention of juvenile delinquency.

      3.  The board of county commissioners may appoint a director of the department. The director serves at the pleasure of the board.

      4.  The director of the department has the powers of a peace officer in the county when carrying out duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.

      5.  As used in this section, “matters otherwise within the jurisdiction of the juvenile court” includes any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in a judicial district in which a family court has not been established.

      Sec. 5.  1.  The board of county commissioners may provide for the appointment of one or more probation officers and assistant probation officers and such other employees as may be necessary to carry out the duties of the department.

      2.  Probation officers, assistant probation officers and other employees authorized pursuant to this section are employees of the county, subject to the provisions of the merit personnel system unless exempt pursuant to NRS 245.216, and are local government employees for the purposes of chapter 288 of NRS. Probation officers, assistant probation officers and other employees hired before the effective date of the ordinance establishing the department may be dismissed only for cause.

      3.  Probation officers and assistant probation officers who are required to be certified by NRS 481.054 have the powers of peace officers when carrying out duties pursuant to this chapter, NRS 213.200 to 213.290, inclusive, and chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      4.  All information obtained in the discharge of duty by a probation officer, assistant probation officer or other employee of the department is privileged and must not be disclosed to any person other than the director of the department, the judges and the employees of the judicial district, such officers, employees and agents of the district court as the judges of the judicial district direct and other persons entitled pursuant to this chapter to receive that information, unless otherwise authorized by the director of the department.

      Sec. 6.  1.  The board of county commissioners of a county which establishes a department shall establish by ordinance a joint board consisting of five members.

      2.  The joint board consists of:

      (a) Three representatives of the district judges designated by the judges of the district from among their members; and

      (b) Two representatives of the board of county commissioners designated by the board from among its members.

      3.  The duties of the joint board must include, without limitation:

      (a) Acting as a liaison between the board of county commissioners and the district court; and


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ê1993 Statutes of Nevada, Page 1324 (Chapter 407, AB 654)ê

 

      (b) Making recommendations to the board of county commissioners concerning the facilities, resources, operation and management of the department.

      4.  The district judges serving as members of the joint board may withdraw from participating in the board by giving written notice of their intent to withdraw to the board of county commissioners. The ordinances establishing the department of family, youth and juvenile services, the joint board and the citizen’s advisory committee shall be deemed repealed 6 months after the effective date of the notice, unless an earlier date is prescribed by the board of county commissioners.

      Sec. 7.  1.  The board of county commissioners of a county which establishes a department shall establish by ordinance a citizen’s advisory committee to advise the joint board established pursuant to section 6 of this act.

      2.  The ordinance establishing the citizen’s advisory committee must include:

      (a) The name of the committee;

      (b) The number of members of the committee;

      (c) The terms of the members; and

      (d) The duties of the committee.

      3.  The citizen’s advisory committee may offer the opinions and recommendations of the residents of the county and give advice and make recommendations to the joint board concerning the facilities, services and resources provided by the department.

      Sec. 8.  NRS 62.340 is hereby amended to read as follows:

      62.340  [All]

      1.  Except as otherwise provided in subsection 2, all expenses incurred in complying with the provisions of this chapter [shall be] are a county charge. The salaries, expenses and other compensation of referees, probation officers and all employees [shall] must be fixed by the judge within the limit provided by the county therefor.

      2.  The board of county commissioners of a county which has established a department of family, youth and juvenile services shall fix the salaries, expenses and other compensation of the probation officers, assistant probation officers and other employees of the department.

      Sec. 9.  NRS 481.054 is hereby amended to read as follows:

      481.054  The following officers and employees of state and local government must be certified by the committee:

      1.  The bailiff of the supreme court;

      2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

      3.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

      4.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

      5.  Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;

      6.  Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;


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ê1993 Statutes of Nevada, Page 1325 (Chapter 407, AB 654)ê

 

      7.  Marshals, policemen and correctional officers of cities and towns;

      8.  Parole and probation officers;

      9.  Special investigators who are employed full time by the office of any district attorney or the attorney general;

      10.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      11.  Members of the police department of the University and Community College System of Nevada;

      12.  The assistant and deputies of the state fire marshal;

      13.  The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS.

      14.  Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

      15.  The superintendents and correctional officers of the department of prisons;

      16.  Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;

      17.  School police officers employed by the board of trustees of any county school district;

      18.  Agents of the state gaming control board who:

      (a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or

      (b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,

except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

      19.  The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;

      20.  Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;

      21.  Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;

      22.  The personnel of the department of wildlife who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS;

      23.  Legislative police officers of the State of Nevada;

      24.  Police officers of the buildings and grounds division of the department of general services;

      25.  Parole counselors of the division of child and family services of the department of human resources;

      26.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to section 4 of this act whose official duties require them to enforce court orders on juvenile offenders and make arrests;

      27.  Field investigators of the taxicab authority;


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ê1993 Statutes of Nevada, Page 1326 (Chapter 407, AB 654)ê

 

      28.  Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests; and

      29.  Forensic technicians and correctional officers employed in the program for mentally disordered offenders of the mental hygiene and mental retardation division of the department of human resources.

      Sec. 10.  Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 408, AB 659

Assembly Bill No. 659—Committee on Ways and Means

CHAPTER 408

AN ACT relating to mining; requiring an operator of a mining operation to obtain a permit from the department of wildlife before developing or maintaining an artificial body of water which contains chemicals directly associated with the processing of ore; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 502.390 is hereby amended to read as follows:

      502.390  1.  Any [person] :

      (a) Person who develops or maintains an artificial or man-made body of water, other than a body of water maintained for agricultural or recreational purposes, containing chemicals or substances in quantities which, with the normal use of the body of water, causes or will cause the death of any wildlife [,] ; or

      (b) Operator of a mining operation which develops or maintains an artificial body of water containing chemicals directly associated with the processing of ore,

must first obtain a permit from the department authorizing the development or maintenance of the body of water.

      2.  Within 30 working days after receiving an application for a permit, the department shall issue the permit or deny the application and list the reasons for denial. An applicant may appeal the denial of a permit to the commission. A permit may be valid for up to 5 years. The commission may establish a fee for a permit of not more than $100 per year.

      3.  Upon the transfer of ownership of any artificial or man-made body of water as to which a permit issued pursuant to this section is in force at the time of the transfer, the permit remains in effect for 30 days after the transfer of ownership.

      4.  A person holding a permit issued pursuant to this section shall, in addition to the fee for the permit, pay to the department an assessment. The amount of the assessment must be determined pursuant to regulations adopted by the commission. The assessment must be no more than $10,000 per year for each permit.


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ê1993 Statutes of Nevada, Page 1327 (Chapter 408, AB 659)ê

 

      5.  Any person who fails to obtain a permit or pay an assessment as required by this section and the regulations adopted pursuant thereto or who fails to comply with the provisions of a permit is guilty of a misdemeanor for the first offense and a gross misdemeanor for any subsequent offense.

      6.  As used in this section:

      (a) “Mining operation” means any activity conducted in this state by a person on or beneath the surface of land for the purpose of, or in connection with, the development or extraction of any mineral.

      (b) “Operator” means any person who owns, controls or manages a mining operation.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 409, AB 686

Assembly Bill No. 686—Assemblymen Hettrick, Gibbons, Evans, Marvel, Porter, Bennett, Wendell Williams, Augustine, Bonaventura, Petrak, Heller, Perkins, Regan, Arberry, Freeman, Schneider, Ernaut, McGaughey, Bache, Lambert, Smith, Anderson, Garner, Sader, Spitler, Price, de Braga, Segerblom, Neighbors, Carpenter, Gregory, Kenny, Chowning, Scherer, Humke, Toomin, Myrna Williams, Giunchigliani and Dini

CHAPTER 409

AN ACT relating to safety; requiring that a lifeguard at a public swimming facility have completed certain training; authorizing the employer of a lifeguard at such a facility to test the lifeguard for competency during his employment; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 444 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a lifeguard is on duty at a facility or other property owned or operated by the State of Nevada or a political subdivision thereof where recreational swimming is available in a natural or artificial body of water, the lifeguard must have satisfactorily completed an advanced lifesaving course offered by the Red Cross or an equivalent course. A current certificate indicating that the lifeguard has satisfactorily completed such a course must be posted in a prominent place near the lifeguard’s work station or otherwise be made available for public inspection during all business hours.

      2.  The employer of such a lifeguard may require the lifeguard to demonstrate his competency at any time during his employment.

      Sec. 2.  NRS 444.090 is hereby amended to read as follows:

      444.090  1.  For the purposes of NRS 444.070 to 444.120, inclusive, and section 1 of this act, the health authority must be permitted to enter upon any and all parts of the premises of bathing and swimming places to examine and investigate the sanitary condition of such places and to determine whether the provisions of NRS 444.070 to 444.120, inclusive, and section 1 of this act, or the rules and regulations of the state board of health or local board of health pertaining thereto are being violated.


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ê1993 Statutes of Nevada, Page 1328 (Chapter 409, AB 686)ê

 

provisions of NRS 444.070 to 444.120, inclusive, and section 1 of this act, or the rules and regulations of the state board of health or local board of health pertaining thereto are being violated.

      2.  The results of an inspection must be reported to the health authority within 7 days following the inspection.

      3.  The health authority may publish the report of the inspection.

 

________

 

 

CHAPTER 410, AB 708

Assembly Bill No. 708—Committee on Government Affairs

CHAPTER 410

AN ACT relating to the redevelopment of urban areas; including the provision of affordable housing as a purpose of a redevelopment area; requiring certain urban renewal agencies to set aside a certain amount of revenue they receive for low-income housing; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 279 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Low-income household” means a household, which may include one or more persons, whose total gross income is less than 80 percent of the median gross income for households of the same size within the same geographic region.

      Sec. 3.  It is further found and declared that:

      1.  The provision of housing is a fundamental purpose of the Community Redevelopment Law and that a generally inadequate supply of decent, safe and sanitary housing available to low-income households threatens the accomplishment of the primary purposes of the Community Redevelopment Law, including, without limitation, creating new employment opportunities, attracting new private investments of money in the area and creating physical, economic, social and environmental conditions to remove and prevent the recurrence of blight.

      2.  The provision and improvement of housing which can be rented or sold to families with low incomes and which is inside or outside the boundaries of the redevelopment area can be of direct benefit to the redevelopment area in assisting the accomplishment of project objectives whether or not the redevelopment plan provides for housing within the project area.

      3.  The provision of affordable housing by redevelopment agencies and the use of taxes allocated to the agency pursuant thereto is of statewide benefit and assistance to all local governmental agencies in the areas where housing is provided.

      Sec. 4.  1.  Except as otherwise provided in subsection 2 or 3, an agency of a city whose population is 200,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than 15 percent of that revenue to increase, improve and preserve the number of dwelling units in the community for low-income households.


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ê1993 Statutes of Nevada, Page 1329 (Chapter 410, AB 708)ê

 

less than 15 percent of that revenue to increase, improve and preserve the number of dwelling units in the community for low-income households.

      2.  The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      3.  The agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.

      Sec. 5.  NRS 279.384 is hereby amended to read as follows:

      279.384  As used in NRS 279.382 to 279.680, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 279.386 to 379.414, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 279.486 is hereby amended to read as follows:

      279.486  1.  An agency may, with the consent of the legislative body, pay all or part of the value of the land for and the cost of the construction of any building, facility, structure or other improvement and the installation of any improvement which is publicly or privately owned and located within or without the redevelopment area . [, except for a residential facility.] Before the legislative body may give its consent, it shall determine that:

      (a) The buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located; and

      (b) No other reasonable means of financing those buildings, facilities, structures or other improvements are available.

Those determinations by the agency and the legislative body are final and conclusive.

      2.  If the value of that land or the cost of the construction of that building, facility, structure or other improvements, or the installation of any improvement has been, or will be, paid or provided for initially by the community or other governmental entity, the agency may enter into a contract with that community or governmental entity under which it agrees to reimburse the community or governmental entity for all or part of the value of that land or of the cost of the building, facility, structure or other improvement, or both, by periodic payments over a period of years. The obligation of the agency under that contract constitutes an indebtedness of the agency which may be payable out of taxes levied and allocated to the agency under paragraph (b) of subsection 1 of NRS 279.676, or out of any other available money.

 

________

 

 


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ê1993 Statutes of Nevada, Page 1330ê

 

CHAPTER 411, AB 718

Assembly Bill No. 718—Assemblymen Evans, Myrna Williams, Chowning, Dini, Humke, Smith, Lambert, Bache, Tiffany, Anderson, Scherer, McGaughey, Freeman, Garner, Sader and de Braga

CHAPTER 411

AN ACT relating to juries; permitting a county to establish and maintain a program which allows the donation of certain fees of jurors to specified agencies which provide protective services for children; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 6 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each board of county commissioners may establish and maintain a program whereby a person may forfeit any money that he is entitled to receive pursuant to subsection 1 or 2 of NRS 6.150 for his services in that county, and have that money donated to an agency which provides protective services which is located in that county. Any money donated through a program established pursuant to this section must be used only for a program or activity which is designed to prevent the abuse or neglect of a child or to benefit an abused or neglected child.

      2.  As used in this section:

      (a) “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020.

      (b) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.

 

________

 

 

CHAPTER 412, AB 721

Assembly Bill No. 721—Committee on Commerce

CHAPTER 412

AN ACT relating to contractors; allowing certain employees of the state contractors’ board to issue citations to a person acting as a contractor without a license; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 171.17751 is hereby amended to read as follows:

      171.17751  1.  Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers and traffic engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.


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ê1993 Statutes of Nevada, Page 1331 (Chapter 412, AB 721)ê

 

engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.

      2.  The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.

      3.  The chief of the manufactured housing division of the department of commerce may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.

      4.  The state contractors’ board may designate certain of its employees to prepare, sign and serve written citations on persons accused of violating NRS 624.230.

      5.  An employee designated pursuant to this section:

      (a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;

      (b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and

      (c) Shall comply with the provisions of NRS 171.1773.

      Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1993.

 

________

 

 

CHAPTER 413, AB 744

Assembly Bill No. 744—Committee on Commerce

CHAPTER 413

AN ACT relating to amusement parks; establishing requirements for safety for operators of such parks and passengers on rides in such parks; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires:

      1.  “Amusement park” means any permanent facility or park where amusement rides are available for use by the public.

      2.  “Amusement ride” or “ride” means any type of ride including, without limitation, ay mechanical or aquatic device which carries passengers over a fixed or restricted route primarily for the passengers’ amusement. The terms include any ride propelled by its passengers or gravity if it is located in an amusement park.


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ê1993 Statutes of Nevada, Page 1332 (Chapter 413, AB 744)ê

 

      3.  “Operator” means a person who owns, leases, manages or operates an amusement park.

      4.  “Passenger” means a person using an amusement ride.

      Sec. 3.  An operator shall take all measures reasonably necessary to ensure the safety of the passengers in constructing, maintaining, operating and supervising an amusement ride.

      Sec. 4.  1.  An operator shall prominently post and maintain in at least five conspicuous locations in the amusement park, including each entrance, exit, station for reporting an injury and first aid station, signs that:

      (a) Indicate the responsibilities of operators and passengers pursuant to this chapter.

      (b) Inform passengers of the location of stations for reporting accidents.

      2.  An operator shall prominently post and maintain signs in simple and concise language at or near points where passengers embark upon an amusement ride, directing persons who are not familiar with the operation of the ride to ask an authorized agent or employee of the operator for assistance and instruction.

      Sec. 5.  A passenger shall not:

      1.  Embark upon an amusement ride when he knows that he has insufficient knowledge or physical ability to use the ride safely;

      2.  Purposefully embark upon or disembark from an amusement ride, except at the time and area designated for such a purpose or at the direction and under the direct supervision of an authorized agent or employee of an operator;

      3.  Toss, throw or cast or intentionally drop, expel or eject an object from an amusement ride;

      4.  Toss, throw or cast an object in the direction of an amusement ride;

      5.  Fail or refuse to comply with instructions given to him by an authorized agent or employee of an operator regarding the use of an amusement ride; or

      6.  Conduct himself in a manner that could interfere with the safe operation of an amusement ride or with the safety of another passenger.

      Sec. 6.  A passenger shall, to the extent that the matter is within his control:

      1.  Locate and ascertain the meaning of signs in his vicinity posted pursuant to section 4 of this act;

      2.  Heed warnings and other information posted by an operator or announced by an authorized agent or employee of an operator; and

      3.  Conduct himself in such a manner as to avoid injury to persons and property in an amusement park.

      Sec. 7.  1.  When using an amusement ride that requires a passenger to steer or control the ride in some manner, a passenger shall not steer or control the ride in a manner which intentionally harms another.

      2.  A passenger shall not disable or attempt to disable any safety or restraining device.

      3.  A passenger shall not alter or enhance the intended speed, course or direction of an amusement ride.

      Sec. 8.  1.  A passenger shall not embark on an amusement ride while intoxicated or under the influence of a controlled substance, unless in accordance with a prescription lawfully issued to the person.


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

ê1993 Statutes of Nevada, Page 1333 (Chapter 413, AB 744)ê

 

      2.  An authorized agent or employee of an operator may prohibit a passenger from boarding an amusement ride if he reasonably believes that the passenger is under the influence of alcohol, prescription drugs or a controlled substance. An agent or employee of an operator is not civilly or criminally liable for prohibiting a passenger from boarding an amusement ride pursuant to this subsection.

      Sec. 9.  1.  A person who boards an amusement ride without authority or without paying the appropriate consideration shall be deemed to be a trespasser.

      2.  A passenger shall not attempt to gain access to the controls of an amusement ride designed to be operated by an authorized employee or agent of an operator.

      3.  A passenger who has attained the age of 13 years shall be deemed to have knowledge of and assume the inherent risks of an amusement ride to the extent that as those risks are open and obvious to the reasonable person.

      Sec. 10.  1.  A passenger who sustains a personal injury on a ride shall make a written report concerning the details of the incident, unless the injuries are so severe that they prevent the passenger from being able to make such a report.

      2.  An operator shall ensure that there are designated stations to report any injuries which occur. The stations must be staffed during regular business hours. The location of any such stations must be included in the notices posted pursuant to subsection 1 of section 4 of this act.

      3.  A report filed pursuant to this section must contain:

      (a) The name and address of the person injured;

      (b) A brief description of the incident;

      (c) The cause of the injury, if known; and

      (d) The names and addresses of any witnesses to the incident.

      4.  If the injured person is unable to file a report because of the severity of his injuries, the report must be filed as soon as practicable, but in no event later than 120 days after the incident.

      5.  Reports filed pursuant to this section must be maintained by the operator for at least 3 years after the date of the injury described in the report and must be available for inspection by the injured person or his authorized agent during regular business hours.

      Sec. 11.  This chapter does not prohibit a county, city or unincorporated town from adopting ordinances that regulate amusement parks which are consistent with the provisions of this chapter.

      Sec. 12.  This act becomes effective upon passage and approval.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1334ê

 

CHAPTER 414, AB 761

Assembly Bill No. 761—Committee on Education

CHAPTER 414

AN ACT relating to school personnel; specifying the relationship between certain statutory and regulatory provisions regarding absences of school personnel and the provisions of a collective bargaining agreement with a school district; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.180 is hereby amended to read as follows:

      391.180  1.  As used in this section, “employee” means any employee of a school district in this state.

      2.  A school month in any public school in this state consists of 4 weeks of 5 days each.

      3.  Nothing contained in this section prohibits the payment of employees’ compensation in 12 equal monthly payments for 9 or more months’ work.

      4.  The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.

      5.  Boards of trustees shall either prescribe by regulation or negotiate pursuant to [the Local Government Employee-Management Relations Act,] chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. [If any subject specified in this subsection is included in a negotiated agreement, the terms of the agreement govern in case of a conflict with regulations prescribed by the board.]

      6.  The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee of a school district takes a position with another school district, all sick leave that he has accumulated must be transferred from his former school district to his new school district. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district provides otherwise, such an employee:

      (a) Shall first use the sick leave credited to the employee from the district into which he transferred before using any of the transferred leave; and

      (b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.

      7.  Subject to the provisions of subsection 8:


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

ê1993 Statutes of Nevada, Page 1335 (Chapter 414, AB 761)ê

 

      (a) If an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary may be made therefor.

      (b) If on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.

      8.  If the board of trustees orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.

      9.  If any subject referred to in this section is included in an agreement negotiated by the board of trustees of a school district pursuant to chapter 288 of NRS, the provisions of the agreement regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.

      Sec. 2.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 415, SB 429

Senate Bill No. 429—Senator Glomb

CHAPTER 415

AN ACT relating to peace officers; requiring certain peace officers to complete a program of training established by the peace officers’ standards and training committee for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children; requiring certification of a peace officer assigned to investigate those cases regularly; and providing other matters properly relating thereto.

 

[Approved July 2, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The peace officers’ standards and training committee shall:

      (a) Require each category I peace officer to complete a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

      (b) Not certify any person as a category I peace officer unless he has completed the program of training required pursuant to paragraph (a).

      (c) Establish a program to provide the training required pursuant to paragraph (a).

      (d) Adopt regulations necessary to carry out the provisions of this section.

      2.  As used in this section, “category I peace officer” means those officers and employees of state and local government described in subsections 3, 5, 7, 11, 16, 19 and 22 of NRS 481.054.


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

ê1993 Statutes of Nevada, Page 1336 (Chapter 415, SB 429)ê

 

      Sec. 3.  1.  A peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years must be certified to carry out those duties by the peace officers’ standards and training committee.

      2.  The peace officers’ standards and training committee shall require each peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years to complete, within 1 year after he is assigned to investigate those cases and each year thereafter, a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

      3.  If a law enforcement agency does not have a peace officer who is certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to section 2 of this act, it may consult with a peace officer of another law enforcement agency who is so certified.

      4.  The peace officers’ standards and training committee shall:

      (a) Establish the program of training required pursuant to subsection 2.

      (b) Adopt regulations necessary to carry out the provisions of this section.

      5.  The provisions of this section do not prohibit a peace officer who is not certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to section 2 of this act from testifying or presenting evidence at any proceeding relating to the sexual abuse or sexual exploitation of a child under the age of 18 years.

      Sec. 4.  NRS 481.053 is hereby amended to read as follows:

      481.053  1.  The governor shall appoint the peace officers’ standards and training committee.

      2.  The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

      3.  The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.

      4.  The committee shall:

      (a) Meet at the call of the chairman, who must be elected by the members of the committee.

      (b) Provide for and encourage training and education of peace officers in order to improve the system of criminal justice.

      (c) Adopt regulations establishing minimum standards for certification and decertification, recruitment, selection and training of peace officers.

      (d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.

      (e) Carry out the duties required of the committee pursuant to sections 2 and 3 of this act.

      5.  Regulations adopted by the committee:


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

ê1993 Statutes of Nevada, Page 1337 (Chapter 415, SB 429)ê

 

      (a) Apply to all agencies of the state and of local governments which employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

      (c) May require that training be carried on at institutions which it approves in those regulations.

      6.  The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.

      7.  As used in this section:

      (a) “Category II peace officer” means those officers and employees of state and local government described in subsections 1, 2, 4, 6, 8, 9, 10, 12, 13, 14, 17, 18, 20, 21 and 23 to 28, inclusive, of NRS 481.054.

      (b) “Category III peace officer” means peace officers whose authority is limited to correctional services and includes the persons described in subsection 15 of NRS 481.054.

      Sec. 5.  1.  The provisions of section 2 of this act apply to category I peace officers who are initially certified as such on or after January 1, 1994.

      2.  Notwithstanding the provisions of section 3 of this act, a peace officer who is assigned to investigate regularly cases of sexual abuse or exploitation of children under the age of 18 years on October 1, 1993, shall comply with the requirements of section 3 of this act before October 1, 1994.

 

________

 

 

CHAPTER 416, AB 300

Assembly Bill No. 300—Committee on Commerce

CHAPTER 416

AN ACT relating to hearing aid specialists; authorizing the issuance of a temporary license to practice as a hearing aid specialist; authorizing a licensee to request that his license be granted inactive status; revising provisions regarding fees which may be charged by the board; revising the membership of the board of hearing aid specialists; and providing other matters properly relating thereto.

 

[Approved July 6, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 637A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  “Board” means the board of hearing aid specialists.

      Sec. 3.  “Chairman” means the chairman of the board.

      Sec. 4.  “Hearing aid” means any wearable instrument or device designed for or offered for the purposes of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including earmolds, but excluding batteries and cords.

      Sec. 5.  “Hearing aid specialist” means any person licensed pursuant to the provisions of this chapter who offers to rent, lease, sell or otherwise transfer title to hearing aids.


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

ê1993 Statutes of Nevada, Page 1338 (Chapter 416, AB 300)ê

 

transfer title to hearing aids. The term includes persons who make impressions of the ear, offer counseling to others concerning hearing aids, fit hearing aids or test the hearing of others.

      Sec. 6.  “License” means a license issued by the board pursuant to this chapter as evidence of a licensee’s qualification to engage in the business of a hearing aid specialist or as an apprentice to a hearing aid specialist.

      Sec. 7.  “Manufacturer” means any person who assembles, manufactures or fabricates hearing aids or any parts or supplies used in connection therewith.

      Sec. 8.  “Member” means a member of the board.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  “Practice of fitting and dispensing hearing aids” means the measurement of human hearing by means of an audiometer or by any other means and the selection, adaption, distribution or sale of hearing aids, and the instruction and counseling pertaining thereto. The term includes the making of impressions for earmolds.

      Sec. 11.  “Secretary” means the secretary of the board.

      Sec. 12.  1.  Except as otherwise provided in this section, upon written request to the board and payment of the applicable fee, a licensee in good standing may have his name and license transferred to an inactive list. Such a licensee shall not engage in the business of hearing aid specialist during the time the license is inactive. If an inactive licensee desires to resume the business of hearing aid specialist, the board shall reactivate the license upon the:

      (a) Demonstration, if deemed necessary by the board, that the licensee is then qualified and competent to practice;

      (b) Completion of an application for reinstatement; and

      (c) Payment of the current fee for renewal of the license.

Payment of the lapsed renewal fee and the renewal fee for any year while the license was inactive is not required.

      2.  The board shall not transfer the license of an apprentice to a hearing aid specialist to an inactive list.

      Sec. 13.  1.  Upon application and payment of the required fee, the board may, without examination, grant a temporary license to practice as a hearing aid specialist to a person whose corresponding license or certificate from another jurisdiction is in good standing.

      2.  Only one temporary license may be issued pursuant to this section to a person during any 12-month period.

      3.  An application for a temporary license must include satisfactory proof that the applicant:

      (a) Has been engaged in practice as a hearing aid specialist for the 2 years immediately preceding the date of the application; and

      (b) Has not been subject to any disciplinary action concerning his license or certificate in another jurisdiction.

      4.  A holder of a temporary license shall apply for, pay the required fees and take the next examination offered for licensure as a hearing aid specialist after he receives his temporary license. If the holder of a temporary license fails to pass the examination or does not take the examination, his temporary license must be revoked immediately.


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

ê1993 Statutes of Nevada, Page 1339 (Chapter 416, AB 300)ê

 

      Sec. 14.  1.  An apprentice to a hearing aid specialist shall, while engaged in the practice of fitting and dispensing hearing aids, identify himself as an apprentice.

      2.  An apprentice to a hearing aid specialist shall not use any title in any advertisement or promotional materials other than “apprentice to a hearing aid specialist.”

      Sec. 15.  The board shall adopt regulations setting forth the procedure for a hearing aid specialist to obtain the approval of the board to supervise an apprentice to a hearing aid specialist. The regulations must include the procedure for appealing decisions of the board concerning such approval.

      Sec. 16.  A hearing aid specialist, at the request of a physician or a member of related professions, may make audiograms for the physician’s or member’s use in consultation with person’s who have impaired hearing.

      Sec. 17.  NRS 637A.020 is hereby amended to read as follows:

      637A.020  As used in this chapter, unless the context otherwise requires [:

      1.  “Board” means the board of hearing aid specialists.

      2.  “Chairman” means the chairman of the board.

      3.  “Hearing aid” means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including earmolds, but excluding batteries and cords.

      4.  “Hearing aid specialist” means any person who performs necessary hearing tests and fits and dispenses hearing aids at retail to persons suffering from deafness.

      5.  “License” means a certificate issued by the board showing that the holder has qualified to engage in the business of a hearing aid specialist.

      6.  “Manufacturer” means any person, firm, association or corporation that assembles, manufactures or fabricates hearing aids or any parts or supplies used in connection therewith.

      7.  “Member” means member of the board.

      8.  “Practice of fitting and dispensing hearing aids” means the measurement of human hearing by means of an audiometer or by any other means and the selection, adaptation, distribution or sale of hearing aids, and the instruction and counseling pertaining thereto. The term also includes the making of impressions for earmolds. A hearing aid specialist, at the request of a physician or a member of related professions, may make audiograms for the physician or member’s use in consultation with the hard of hearing.

      9.  “Secretary” means secretary of the board.] , the words and terms defined in sections 2 to 11, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 17.5  NRS 637A.030 is hereby amended to read as follows:

      637A.030  The board of hearing aid specialists, consisting of [three] five members appointed by the governor, is hereby created.

      Sec. 18.  NRS 637A.035 is hereby amended to read as follows:

      637A.035  1.  The governor shall appoint:

      (a) [Two members who are licensed by the board as hearing aid specialists and are actively engaged in the business as hearing aid specialists at the time of their appointments.] One member who is a physician with a specialty in otorhinolaryngology or otology.


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

ê1993 Statutes of Nevada, Page 1340 (Chapter 416, AB 300)ê

 

      (b) One member who is [a representative of the general public.] licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.

      (c) One member who is a hearing aid specialist.

      (d) Two members who are representatives of the general public and have hearing disorders.

      2.  After their initial terms, the members of the board shall serve terms of 3 years.

      3.  No member of the board may be a stockholder [in any hearing aid manufacturing firm.] of a manufacturer.

      4.  The members of the board serve at the pleasure of the governor.

      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  NRS 637A.080 is hereby amended to read as follows:

      637A.080  1.  All fees provided for in this chapter must be paid to the board.

      2.  Except as otherwise provided in subsection 4, all money coming into the possession of the board must be kept or deposited by the secretary in banks , [or] savings and loan associations [in the State of Nevada] or other financial institutions in this state to be expended for the payment of the salaries and expenses of the members and employees of the board and for other necessary or proper purposes in the administration of this chapter.

      3.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect penalties therefor and deposit the money therefrom in banks , [or] savings and loan associations or other financial institutions in this state.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of penalties with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 21.  NRS 637A.100 is hereby amended to read as follows:

      637A.100  The board shall:

      1.  Administer and enforce the provisions of this chapter.

      2.  Adopt reasonable rules and regulations for its administration and government and for the administration of this chapter . [pursuant to the Nevada Administrative Procedure Act.]

      3.  Administer and conduct comprehensive examinations of applicants, which [shall] must test the applicant’s fitness to engage in the business of a hearing aid specialist. All examination papers [shall] must be kept by the board for at least 1 year after the date of [such examination. Such examinations shall] the examination. Examinations may be given [upon the request of any applicant, but not more than once every 90 days.] at the discretion of the board, but not less than twice each year.

      Sec. 22.  NRS 637A.110 is hereby amended to read as follows:

      637A.110  The board may:

      1.  Appoint a technical, clerical and operational staff as may be required . [from the classified personnel of the state.] The number of the staff appointed must be limited by the money available for that purpose in the hearing aid licensing fund.


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

ê1993 Statutes of Nevada, Page 1341 (Chapter 416, AB 300)ê

 

      2.  Grant or refuse licenses [after examination] revoke or suspend them for any of the causes specified in this chapter.

      3.  Take depositions and issue subpenas for the purpose of any hearing authorized by this chapter.

      4.  Establish reasonable educational requirements for applicants and apprentices and reasonable requirements for the continuing education of [licensees.] hearing aid specialists and apprentices.

      Sec. 23.  NRS 637A.130 is hereby amended to read as follows:

      637A.130  An application for an examination [shall] must be filed in writing with the board at least [15 days prior to] 90 days before the examination, and [shall] be accompanied by the [examination] application fee prescribe in NRS 637A.210.

      Sec. 24.  NRS 637A.140 is hereby amended to read as follows:

      637A.140  [The application must be under oath and must contain information to satisfy the board that:

      1.  The applicant] An applicant for an examination as a hearing aid specialist must submit satisfactory evidence to the board that:

      1.  He is a citizen of the United States or is lawfully entitled to remain in the United States.

      2.  [The applicant] He is over 21 years of age.

      3.  [The applicant is of good moral character.

      4.  The applicant] He has met the minimum educational requirements established by the board.

      Sec. 25.  NRS 637A.150 is hereby amended to read as follows:

      637A.150  1.  [The board shall approve or disapprove each application.] Upon receipt by the board of an application for examination or licensure, the secretary shall review it for conformity with the applicable requirements and submit the application to the board at its next scheduled meeting together with his recommendation for approval or disapproval. If the board is satisfied that the information contained in the application is true, [and] that the applicant [is qualified to take the examination,] meets all applicable requirements and that he has paid the [required examination] applicable fee, it shall approve the application.

      2.  An application may be disapproved if the applicant has:

      (a) Been convicted of fraud or misrepresentation.

      (b) Been denied similar licensure in another state.

      (c) Been the subject of disciplinary action by a professional licensing board in this or any other state.

      (d) Practiced as a hearing aid specialist without proper licensure.

      (e) Engaged in any other conduct deemed to be unprofessional by the board.

      3.  If the board approves the application , the secretary shall promptly notify the applicant in writing of [such] the approval and , if applicable, of the time and place of examination.

      [3.]4.  If the board disapproves the application , the secretary shall promptly notify the applicant in writing of [such] the disapproval, stating the reasons therefor.

      [4.]5.  Any applicant for examination whose application is approved by the board may take the examination required in NRS 637A.100.


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

ê1993 Statutes of Nevada, Page 1342 (Chapter 416, AB 300)ê

 

      Sec. 26.  NRS 637A.210 is hereby amended to read as follows:

      637A.210  The board [may] shall charge fees which [shall] must not be greater than the following:

 

For a license as a hearing aid specialist:

 

Application fee ..........................................................................            $250

Examination fee ............................................................... [$100]             200

Initial license fee ........................................................................               100

Annual license fee ............................................................ [100]             200

Application fee for a temporary license................................                50

Temporary license fee ..............................................................              100

Inactive status fee .....................................................................              100

 

For a license as an apprentice to a hearing aid specialist:

 

Application fee ..........................................................................              250

Annual license fee ....................................................................              100

 

For all licenses issued by the board:

 

Lapsed renewal fee [(] per year for each year, or fraction thereof, that the annual license fee has not been paid [)] ...................               100

Reinstatement fee ......................................................................               100

      Sec. 27.  NRS 637A.220 is hereby amended to read as follows:

      637A.220  1.  A licensed hearing aid specialist who:

      (a) Has engaged in the practice of fitting and dispensing hearing aids for at least 3 years; and

      (b) Has obtained the approval of the board,

may employ any person 21 years of age or over to assist him in the business of a hearing aid specialist if the person is [registered with] licensed by the board as an apprentice to a hearing aid specialist . [apprentice.]

      2.  An applicant for licensure as an apprentice must submit to the board an application in the form adopted by the board and the applicable fees.

      Sec. 28.  NRS 637A.230 is hereby amended to read as follows:

      637A.230  1.  All work done by an apprentice to a hearing aid specialist [apprentice shall] must be supervised by a licensed hearing aid specialist, and the licensed hearing aid specialist [shall be] is responsible and civilly liable for the negligence or incompetence of the apprentice under his supervision.

      2.  Any selection of a hearing aid for a customer made by an apprentice must be approved by the hearing aid specialist supervising the apprentice.

      3.  Any audiogram or sales document prepared by an apprentice must be signed by the apprentice and the hearing aid specialist supervising the apprentice.

      Sec. 29.  NRS 637A.240 is hereby amended to read as follows:

      637A.240  No person may serve as an apprentice to a hearing aid specialist [apprentice for a period longer] for more than 2 years without [taking] passing the examination required by this chapter.


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

ê1993 Statutes of Nevada, Page 1343 (Chapter 416, AB 300)ê

 

      Sec. 30.  NRS 637A.250 is hereby amended to read as follows:

      637A.250  The board may revoke or suspend a license after a hearing which discloses that the licensee:

      1.  Has been convicted of a felony . [or a misdemeanor involving moral turpitude.]

      2.  Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of [this act.] Senate Bill No. 316 of this session.

      3.  Obtained the license by fraud or misrepresentation.

      4.  Obtained any fee by fraud or misrepresentation.

      5.  Has made any false or fraudulent statements concerning hearing aids.

      6.  Has been guilty of negligence, incompetence or misconduct in the fitting or dispensing of any hearing aid.

      7.  Has loaned or transferred his license to another person.

      8.  Willfully violated any law of this state or any provision of this chapter regulating hearing aid specialists [.] or the operation of an office, store or other location for dispensing hearing aids.

      9.  Is habitually intemperate.

      Sec. 31.  NRS 637A.260 is hereby amended to read as follows:

      637A.260  1.  A complaint [may be] made against any licensee charging one or more of the causes for which [such] his license may be revoked or suspended must be made with such particularity as to enable the [defendant] licensee to prepare a defense thereto.

      2.  The complaint [shall] must be made in writing and [shall] be signed and verified by the person making it . [and shall be filed in triplicate within 60 days after the commission of the last act complained of.]

      Sec. 32.  NRS 637A.290 is hereby amended to read as follows:

      637A.290  1.  The holder of any license issued by the board [,] whose default has been entered or who has been heard by the board and found guilty of the violation alleged in the complaint [,] may be disciplined by the board by one or more of the following methods:

      (a) Placing the licensee on probation for a period not to exceed [6 months;] 1 year;

      (b) Suspending the right of the licensee to practice, or the right to use a license, for a period not to exceed [1 year;] 3 years;

      (c) Revoking the license;

      (d) Public or private reprimand; or

      (e) Imposition of a penalty not to exceed [$1,000.] $2,000.

      2.  If a license is suspended, it [shall] must be surrendered to the board and returned to the licensee upon termination of the suspension period.

      Sec. 33.  1.  The terms of office of all members of the board of hearing aid specialists who are incumbent on July 1, 1993, expire on the date their successors are appointed pursuant to subsection 2.

      2.  As soon as practicable after July 1, 1993, the governor shall appoint to the board of hearing aid specialists:

      (a) One member who is a physician with a specialty in otorhinolaryngology or otology, one member who is a hearing aid specialist, and one member who is a representative of the general public and has a hearing disorder, to initial terms that expire on July 1, 1996.


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

ê1993 Statutes of Nevada, Page 1344 (Chapter 416, AB 300)ê

 

      (b) One member who is licensed to engage in the practice of audiology pursuant to chapter 637B of NRS and one member who is a representative of the general public and has a hearing disorder, to initial terms that expire on July 1, 1995.

      Sec. 34.  The board shall conduct a comprehensive study of the current procedure for assessing the need for and purchase of a hearing aid including, without limitation, current laws, regulations, and practices related to the selection, fitting, purchase and maintenance of hearing aids. The board shall submit a report containing its findings on or before February 1, 1995, to the governor and to the director of the legislative counsel bureau for transmittal to the 68th session of the Nevada legislature.

      Sec. 35.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 417, SB 452

Senate Bill No. 452—Committee on Transportation

CHAPTER 417

AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to design and issue collegiate license plates; creating the collegiate license plate account for academic and athletic scholarships for students of the University of Nevada, Reno, and the University of Nevada, Las Vegas; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department, in cooperation with the board of regents and the athletic departments of the University of Nevada, Reno, and the University of Nevada, Las Vegas, shall design, prepare and issue collegiate license plates, using any appropriate colors and designs to represent each university.

      2.  The department may issue collegiate license plates for any passenger car or light commercial vehicle upon application by any person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with collegiate license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the collegiate license plates pursuant to subsections 3 and 4.

      3.  The fee for the collegiate license plates is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. Collegiate license plates are renewable upon the payment of $10.

      4.  In addition to all fees for the license, registration and privilege taxes, a person who requests a collegiate license plate shall pay for the initial issuance of a plate an additional fee of $25 and for each renewal of the plate an additional fee of $20 for academic and athletic scholarships to students of the University of Nevada, Reno, and the University of Nevada, Las Vegas.


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

ê1993 Statutes of Nevada, Page 1345 (Chapter 417, SB 452)ê

 

additional fee of $20 for academic and athletic scholarships to students of the University of Nevada, Reno, and the University of Nevada, Las Vegas.

      5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the collegiate license plate account in the state general fund created pursuant to section 5 of this act.

      6.  If, during a registration year, the holder of collegiate plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      Sec. 2.  NRS 482.206 is hereby amended to read as follows:

      482.206  1.  Except as otherwise provided in this section, every vehicle, except one which is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which is a motor vehicle with a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this state.

      2.  Every vehicle registered by an agent of the department must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.

      3.  Upon the application of the owner of a fleet of vehicles, the director may permit him to register his fleet on the basis of a calendar year.

      4.  When the registration of any vehicle is transferred pursuant to the provisions of NRS 482.3667, 482.379 or 482.399, the expiration date of a regular license plate or plates, collegiate license plate or plates, commemorative license plate or plates, special license plate or plates or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

      (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the department; or

      (b) The day after the transfer in all other cases,

and a credit on the portion of the fee for registration and privilege tax attributable to the remainder of the current period of registration allowed according to the applicable provisions of NRS 482.3667, 482.379 and 482.399.

      Sec. 3.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in NRS 482.3775 and 482.379 [,] and section 1 of this act, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.


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

ê1993 Statutes of Nevada, Page 1346 (Chapter 417, SB 452)ê

 

vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      3.  Every license plate must have displayed upon it:

      (a) The registration number (or combination of letters and numbers) assigned to the vehicle and to the owner thereof;

      (b) The name of the state, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      4.  The letters I and Q must not be used in the designation.

      5.  Except as otherwise provided by NRS 482.379, all letters and numbers must be of the same size.

      Sec. 4.  NRS 482.2705 is hereby amended to read as follows:

      482.2705  1.  The director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.

      2.  Every license plate assigned to a passenger car or truck must contain:

      (a) A space for the name of a county or other identification; and

      (b) Except as otherwise provided by NRS 482.379 [,] and section 1 of this act, a designation which consists of a group of three numerals followed by a group of three letters.

      3.  Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any annual extensions by stickers.

      Sec. 5.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The collegiate license plate account is hereby created in the state general fund.

      2.  The money in the account does not lapse to the state general fund at the end of any fiscal year.

      3.  The board of regents shall administer the account.

      4.  The money in the account must only be used for academic and athletic scholarships for students of the University of Nevada, Reno, and the University of Nevada, Las Vegas. One-half of the money must be used for academic scholarships, and one-half of the money must be used for athletic scholarships.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1347ê

 

CHAPTER 418, AB 170

Assembly Bill No. 170—Assemblymen Marvel, Dini, Price, Gregory, Arberry, Porter, Heller, Humke, Wendell Williams, Neighbors, Carpenter, Ernaut, Garner, Spitler, de Braga, Collins, Regan, Segerblom, Hettrick, Petrak, Bonaventura, Perkins, Schneider, Augustine, Bennett, Tiffany, Giunchigliani, Freeman, McGaughey, Bache, Anderson, Haller, Toomin, Gibbons, Kenny, Myrna Williams, Sader and Smith

CHAPTER 418

AN ACT relating to cultural affairs; providing for the issuance of general obligation bonds to provide revenue for grants for the preservation and protection of certain historical buildings; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 233C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commission for cultural affairs shall determine annually the total amount of financial assistance it will grant in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The commission shall notify the state board of examiners of the total amount to be granted.

      2.  After receiving the notice given pursuant to subsection 1, the state board of examiners shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the commission and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. No public debt is created, within the meaning of section 3 of article 9 of the constitution of the State of Nevada, until the issuance of the bonds.

      3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the state treasurer and credited to the fund for the preservation and promotion of cultural resources.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      5.  The amount of financial assistance granted pursuant to this section must not exceed $2,500,000. The total face amount of the bonds issued pursuant to this section must not exceed the sum of:

      (a) The amount of financial assistance granted pursuant to this section; and

      (b) The amount necessary to pay the expenses related to the issuance of the bonds, which must not exceed 2 percent of the face amount of the bonds sold.

      Sec. 2.  NRS 233C.210 is hereby amended to read as follows:

      233C.210  1.  The commission for cultural affairs shall establish within 1 year after its formation, and revise every 2 years thereafter, a 10-year plan to:

      (a) Preserve and promote Nevada’s cultural resources; and

      (b) Develop a network of cultural centers and activities in this state.


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

ê1993 Statutes of Nevada, Page 1348 (Chapter 418, AB 170)ê

 

      2.  The plan must include:

      (a) A description of the means by which a statewide network of cultural centers and activities is to be developed;

      (b) A program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities; and

      (c) A detailed list of the initial projects to be undertaken.

      3.  The plan must be submitted to:

      (a) The governor;

      (b) The legislative commission; and

      (c) The state board of examiners.

      Sec. 3.  NRS 233C.220 is hereby amended to read as follows:

      233C.220  The commission for cultural affairs may, in establishing the program for awarding financial assistance:

      1.  Award financial assistance to governmental [or private entities.] entities and nonprofit corporations formed for educational or charitable purposes, including, without limitation, the preservation or promotion of cultural resources.

      2.  Establish the conditions an [entity] applicant must satisfy to receive an award of financial assistance. Financial assistance may only be awarded for the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      3.  Specify the criteria by which proposed projects will be judged. The criteria must include, but not be limited to, a consideration of the degree to which a proposed project:

      (a) May become a recurring event without the necessity of future state financial support;

      (b) Will be accessible to the community;

      (c) Will promote tourism in the state;

      (d) Will promote or preserve some historic or prehistoric feature of Nevada;

      (e) Will have multiple uses for many types of cultural organizations;

      (f) Will supplement training in the classroom in the arts and the humanities; and

      (g) Incorporates the various disciplines directly associated with cultural resources.

      4.  Give priority to projects of statewide historical, prehistorical or cultural significance which demonstrate an ability to raise and sustain required amounts of financial support from sources other than the State of Nevada, including donations of goods and services. The ability of a project to raise and sustain support must be weighed against the relative means and abilities of the applicants.

      Sec. 4.  NRS 233C.230 is hereby amended to read as follows:

      233C.230  1.  There is hereby created in the state treasury the fund for the preservation and promotion of cultural resources. The commission for cultural affairs is responsible for the administration of the fund. All money received and held by the state treasurer for that purpose must be deposited in the fund.


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

ê1993 Statutes of Nevada, Page 1349 (Chapter 418, AB 170)ê

 

      2.  The commission may expend money in the fund only for projects identified in the commission’s plan to promote and preserve the state’s cultural resources [in an amount not to exceed $2,000,000 per year. Not more than $20,000,000 may be used for this purpose in any 10-year period.] pursuant to NRS 233C.200 to 233C.230, inclusive, and section 1 of this act.

      3.  The money in the fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the fund must be credited to the fund.

      4.  Claims against the fund must be paid as other claims against the state are paid.

      Sec. 5.  Section 5 of chapter 455, Statutes of Nevada 1991, at page 1347, is hereby repealed.

      Sec. 6.  Money for the payment of bonds issued pursuant to this act will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act.

      Sec. 7.  If any provision of this act, or the application thereof to any person, thing or circumstances is held invalid, such invalidity shall not affect the provisions of application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this are declared to be severable.

      Sec. 8.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 419, SB 381

Senate Bill No. 381—Committee on Government Affairs

CHAPTER 419

AN ACT relating to governmental finance; requiring a specified additional source of revenue for local governments when a new or increased program or service is required; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 354.599 is hereby amended to read as follows:

      354.599  1.  If the legislature directs one or more local governments to establish a program or provide a service, or to increase a program or service already established which requires additional funding, a specified source for the additional revenue to pay the expense must be authorized by a specific statute. The additional revenue may only be used to pay expenses directly related to the program or service. If a local government has money from any other source available to pay such expenses, that money must be applied to the expenses before any money from the revenue source specified by statute.

      2.  In any year in which the legislature by law increases or decreases the revenues of a local government, and that increase or decrease was not included or anticipated in the local government’s final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before August 15 of the budget year, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures from that contained in its final budget to the extent of the actual increase or decrease of revenues resulting from the legislative action.


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

ê1993 Statutes of Nevada, Page 1350 (Chapter 419, SB 381)ê

 

pursuant to NRS 354.598, the governing body of any such local government may, before August 15 of the budget year, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures from that contained in its final budget to the extent of the actual increase or decrease of revenues resulting from the legislative action.

      [2.]3.  In any year in which the legislature enacts a law requiring an increase or decrease in expenditures of a local government, which was not anticipated or included in its final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before August 15 of the budget year, file an amended budget with the department of taxation providing for an increase or decrease in expenditures from that contained in its final budget to the extent of the actual amount made necessary by the legislative action.

      [3.]4.  The amended budget, as approved by the department of taxation, is the budget of the local government for the current fiscal year.

      Sec. 2.  The provisions of this act only apply to programs or services that are established or increased after the final adjournment of the 67th session of the Nevada legislature.

 

________

 

 

CHAPTER 420, AB 592

Assembly Bill No. 592—Committee on Taxation

CHAPTER 420

AN ACT relating to governmental finance; adjusting the fees charged by local governmental officers for services; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 247.305 is hereby amended to read as follows:

      247.305  1.  [Where] If another statute specifies [fees] the fee to be charged for [services,] a service, county recorders shall charge and collect only the [fees] fee specified. Otherwise county recorders shall charge and collect the following fees:

 

For recording any document, for the first page............. [$5.00]           $7

                   For each additional page ..........................................          1.00

For recording each portion of a document which must be separately indexed, after the first indexing ............................................ [2.00]              3

For copying any record, for each page ......................................          1.00

For certifying, including certificate and seal, for the first seal       [2.00]        3

                   For each additional seal .................................... [.50]              1

For a certified copy of a certificate of marriage ............... [5.00]              7

For a certified abstract of a certificate of marriage ......... [5.00]              7


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

ê1993 Statutes of Nevada, Page 1351 (Chapter 420, AB 592)ê

 

      2.  Except as otherwise provided in subsection 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

      (a) The county in which his office is located.

      (b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

             (1) Conveys to the state, or to that city or town, an interest in land;

             (2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary;

             (3) Imposes a lien in favor of the state or that city or town; or

             (4) Is a notice of the pendency of an action in eminent domain filed by the state pursuant to NRS 37.060.

      3.  A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.

      4.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

      5.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 2.  NRS 247.310 is hereby amended to read as follows:

      247.310  1.  Except as otherwise provided by law, county recorders shall charge the following fees for recording affidavits of proof of labor on mining claims and for recording, pursuant to subsection 3 of NRS 517.230, affidavits of intent to hold mining claims:

 

For recording any such affidavits that embrace therein one claim [$0.50]     $1

                   For each additional mining claim embraced in the affidavit [$0.50]........................................................................ 1

      2.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 3.  NRS 248.275 is hereby amended to read as follows:

      248.275  1.  The sheriff of each county in this state may charge and collect the following fees:

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant ..........................................................           $10

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile                      1


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

ê1993 Statutes of Nevada, Page 1352 (Chapter 420, AB 592)ê

 

       If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking .............................................. [$3]              4

For a copy of any writ, process or other paper, when demanded or required by law, for each page .......................................................               2

For serving every rule or order ...................................................               8

For serving one notice required by law before the commencement of a proceeding for any type of eviction ..............................             15

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice ........................................................             12

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice ........................................................             10

For serving 25 or more such notices to the same location, each notice               9

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only .....................................................               1

       But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For serving a subpena, for each witness summoned ..............               8

For traveling, per mile in serving subpenas, or a venire, in going only, for each mile ............................................................................               1

       When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons               5

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper .........................................................................               5

For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which must be collected from the party receiving the certificate ...               3

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof                12

For serving a writ of possession or restitution, putting any person into possession entitled thereto ............................................             15

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile .....................................................................................               1

For mailing a notice of a writ of execution ................................. 1 The sheriff may charge and collect $1 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.


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

ê1993 Statutes of Nevada, Page 1353 (Chapter 420, AB 592)ê

 

The sheriff may charge and collect $1 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.

      2.  The sheriff may also charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justices’ courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

      3.  The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.

      4.  In service of a subpena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

      6.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his county on or before the 5th working day of the month next succeeding the month in which the fees are collected.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 259.200 is hereby amended to read as follows:

      259.200  1.  A justice of the peace is entitled, for each day necessarily employed in holding an inquest, to a fee of [$15.] $19.

      2.  This fee must be paid out of the county treasury as other demands against the county are paid.

      Sec. 6.  NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Except as otherwise provided in subsection 2, each justice of the peace shall charge and collect the following fees:

      (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

If the sum claimed does not exceed $1,000 .................. [$25.00]      $28.00

If the sum claimed exceeds $1,000 but does not exceed $5,000                  ........................................................................................... 35.00

In all other civil actions .................................................... [25.00]        28.00

      (b) For the preparation of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:


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

ê1993 Statutes of Nevada, Page 1354 (Chapter 420, AB 592)ê

 

If the sum claimed does not exceed $500 ..................... [$10.00]        12.00

If the sum claimed exceeds $500 but does not exceed $1,500 [20.00] 22.00

If the sum claimed exceeds $1,500 but does not exceed $2,500      [30.00]......................................................................................... 34.00

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the act, or at the time of appearance:

In all civil actions ............................................................... [10.00]        12.00

For every additional defendant, appearing separately... [5.00]          6.00

      (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention ...................... [5.00]          6.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court [5.00]      6.00

      (g) For filing a notice of appeal, and appeal bonds ........... [10.00]        12.00

      One charge only may be made if both papers are filed at the same time.

      (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court .......................................................................................... [10.00]        12.00

      (i) For preparation and transmittal of transcript and papers on appeal [10.00]      12.00

      (j) For celebrating a marriage and returning the certificate to the county recorder                                                                                                                35.00

      (k) For entering judgment by confession ............................. [5.00]          6.00

      (l) For preparing any copy of any record, proceeding or paper, for each page       [.25]................................................................................................... .30

      (m) For each certificate of the clerk, under the seal of the court [2.00]  3.00

      (n) For searching records or files in his office, for each year ......            1.00

      (o) For filing and [processing] acting upon each bail or property bond             40.00

      2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

      3.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he must pay to the state treasurer pursuant to subsection 4.

      4.  The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.


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

ê1993 Statutes of Nevada, Page 1355 (Chapter 420, AB 592)ê

 

      Sec. 7.  NRS 17.110 is hereby amended to read as follows:

      17.110  The statement must be filed with the clerk of the court in which the judgment is to be entered. The clerk shall endorse upon it and enter in the judgment book a judgment of the court for the amount confessed, with [$20] $24 costs. The judgment and affidavit, with the judgment endorsed, thereupon become the judgment roll.

      Sec. 8.  NRS 19.013 is hereby amended to read as follows:

      19.013  1.  Each county clerk shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer ............ [$47]     $56

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court ..................................................................... [35]       42

On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than $1,000     [65]        72

Where the stated value of the estate is $1,000 or less, no fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be paid by the petitioner ............................................................................... [37]       44

On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter ............. [37]       44

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them    [$37].............................................................................. 44

For filing a notice of appeal ...................................................... [20]       24

For issuing a transcript of judgment and certifying thereto... [2]          3

For preparing any copy of any record, proceeding or paper, for each page              1

For each certificate of the clerk, under the seal of the court... [2]          3

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate ..........           5

For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity ...........................................................................         15

For issuing any certificate under seal, not otherwise provided for    [5]        6

For searching records of files in his office, for each year ...........           1

For filing and recording a bond of a notary public, per name..... 15 For entering the name of a firm or corporation in the register of the county clerk ..................................................      15

 


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

ê1993 Statutes of Nevada, Page 1356 (Chapter 420, AB 592)ê

 

For entering the name of a firm or corporation in the register of the county clerk              15

      2.  All fees prescribed in this section are payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  No fee may be charged any attorney at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 9.  NRS 19.033 is hereby amended to read as follows:

      19.033  1.  In each county, on the commencement of any action for divorce in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of $15. The fee must be paid by the party commencing the action.

      2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by him pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state treasurer, who shall place the money in an account in the state general fund for use by the director of the state job training office or, if the office is abolished by executive order, a person appointed by the governor who has experience in training persons to obtain and maintain employment, to administer the provisions of NRS 388.605 to 388.655, inclusive.

      3.  The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than [$5] $6 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:

      (a) On the appearance of a defendant in the action in the district court, the county clerk, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.

      (b) On or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).

      Sec. 9.5  NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise specifically provided by statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:


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

ê1993 Statutes of Nevada, Page 1357 (Chapter 420, AB 592)ê

 

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) An agenda consisting of:

             (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

             (2) A list and description of the items to be voted on during the meeting which must be clearly denoted as items on which action will be taken.

             (3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken pursuant to subparagraph (2).

      3.  Minimum public notice is:

      (a) A copy of the notice posted at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at least three other separate, prominent places within the jurisdiction of the public body; and

      (b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent.

      4.  Upon any request, a public body shall provide, at no charge, at least one copy of:

      (a) An agenda for a public meeting;

      (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

      (c) Any other supporting material provided to the members of the body for an item on the agenda, except materials:

             (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement;

             (2) Pertaining to the closed portion of such a meeting of the public body; or

             (3) Declared confidential by law.

      5.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

      Sec. 10.  NRS 278.450 is hereby amended to read as follows:

      278.450  The county recorder shall collect a fee of [$25, plus 25] $35, plus 35 cents per lot or unit mapped, for the recordation of any final map. The fee [shall] must be deposited in the general fund of the county where it is collected.

      Sec. 11.  NRS 278.468 is hereby amended to read as follows:

      278.468  1.  The parcel may filed with the county recorder of any county must be filed in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision of United States subdivision.

      2.  The charge for filing and indexing any parcel map is [$10.] $17.


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

ê1993 Statutes of Nevada, Page 1358 (Chapter 420, AB 592)ê

 

      Sec. 12.  NRS 278.4725 is hereby amended to read as follows:

      278.4725  1.  The governing body or planning commission must approve, conditionally approve or disapprove the final map basing its action upon the requirements of NRS 278.472, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission. If the map is disapproved, the governing body or planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of [what changes would be] the changes necessary to render the map acceptable. If the governing body of planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.

      2.  Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

      (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

      (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

      3.  The map filed with the county recorder must include:

      (a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.

      (b) A certificate signed by the clerk of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body or the planning commission has expired.

      (c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

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

      5.  The county recorder shall charge and collect for recording the map a fee of [no] not more than [$25] $35 per page set by the board of county commissioners.

      Sec. 13.  (Deleted by amendment.)

      Sec. 14.  NRS 625.370 is hereby amended to read as follows:

      625.370  1.  The charge for filing and indexing any record of survey is [$10.] $17.

      2.  The record of survey must be suitably filed by the county recorder and he shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision.

      Sec. 15.  Sections 1 and 4 of this act become effective at 12:01 a.m. on October 1, 1993.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1359ê

 

CHAPTER 421, AB 740

Assembly Bill No. 740—Committee on Natural Resources, Agriculture and Mining

CHAPTER 421

AN ACT relating to wildlife; providing a legislative declaration concerning hunting; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:

      The legislature declares that hunting permitted by law in this state:

      1.  Is a valuable activity in the management of game mammals and game birds.

      2.  Results in financial support for conservation programs that benefit many species, including nongame wildlife.

      3.  Is an excellent source of food, recreational opportunities and employment.

      4.  Contributes significantly to the economy of this state and the quality of life of its citizens.

      5.  Provides a beneficial use for firearms, archery equipment and other legal weapons used to take game mammals and game birds, following the pioneer spirit of Nevada.

 

________

 

 

CHAPTER 422, SB 570

Senate Bill No. 570—Committee on Finance

CHAPTER 422

AN ACT relating to taxes; changing the date for convening a meeting of the governing boards of local governments for the purpose of establishing a combined tax rate that conforms to the statutory limit; changing the date for filing a statement of the estimated gross yield and net proceeds of mines; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.455 is hereby amended to read as follows:

      361.455  1.  Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify that combined rate, to each of the boards of county commissioners.


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

ê1993 Statutes of Nevada, Page 1360 (Chapter 422, SB 570)ê

 

      2.  Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the limit imposed by NRS 361.453, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within the county for the purpose of establishing a combined tax rate that conforms to the statutory limit. The chairman shall convene the meeting no later than June [5] 13 of each year.

      3.  The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the department, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, must be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the department. The chairman of the board of county commissioners or his designee shall preside at the meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the statutory limit.

      4.  The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of the individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney is the legal adviser for such proceedings.

      5.  The county clerk shall immediately thereafter advise the department of the results of the ballots cast and the tax rates set for local governments concerned. If the ballots for the entities present at the meeting in the county are not unanimous, the county clerk shall transmit all records of the proceedings to the department within 5 days after the meeting.

      6.  If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the statutory limit, the department shall examine the record of the discussions and the budgets of all local governments concerned. On June 25 or, if June 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In settling the tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools.

      7.  Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by July 30 next after the approval and certification of the rate by the Nevada tax commission.

      8.  A copy of the certificate of the Nevada tax commission sent to the board of county commissioners must be forwarded to the county auditor.

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

      362.115  In addition to the statement required by subsection 1 of NRS 362.110, each person who is required to file that statement:

      1.  Shall, on or before [June 15] May 30 of each year, file with the department a statement showing the estimated gross yield and estimated net proceeds from each such operation for the entire current calendar year, and shall pay the tax upon the net proceeds so estimated to the department on or before July 15 of that year.


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

ê1993 Statutes of Nevada, Page 1361 (Chapter 422, SB 570)ê

 

proceeds from each such operation for the entire current calendar year, and shall pay the tax upon the net proceeds so estimated to the department on or before July 15 of that year. If an estimate is filed, the amount due under the final certification pursuant to NRS 362.130 is the difference between the total tax established upon the certification and the sum of the estimated payments made or credited, if any, for that calendar year. If the sum of the estimated payments exceeds the total tax, the taxpayer is entitled to credit the excess against the ensuing estimates or final taxes due until it is exhausted, or, if the taxpayer files a statement with the department which indicates that he will have no tax liability for the next calendar year, upon verification by the department, the taxpayer is entitled to receive a refund.

      2.  May file with the department a quarterly report stating an estimate for the year and the actual quarterly amounts of production, gross yield and net proceeds as of March 31, June 30, September 30 and December 31, to establish whether liability for a penalty exists. If the person chooses to submit such reports, the reports must be submitted on a form prescribed by the department no later than the last day of the month following the end of the calendar quarter.

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

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

      2.  The certificate must be prepared and mailed not later than June 10 immediately following the month of February during which the statement was filed.

      3.  If the amount paid pursuant to NRS 362.115 is less than 90 percent of the amount certified pursuant to this section, the amount due must include a penalty of 10 percent of the underpayment unless:

      (a) The amount paid pursuant to NRS 362.115 is equal to or greater than the total tax liability of the operation for the immediately preceding calendar year; or

      (b) The person files quarterly reports pursuant to subsection 2 of NRS 362.115 in a timely manner for that year and pays the additional amount due within 30 days after the quarterly report that indicates the additional estimated tax liability is filed with the department. The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the quarterly reports and the original estimate supplied on [June 15] May 30 of that year.

      4.  The taxes and any penalty are due on June 30 of that year.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1362ê

 

CHAPTER 423, SB 567

Senate Bill No. 567—Committee on Finance

CHAPTER 423

AN ACT relating to public education; making appropriations and authorizing expenditures to allow for the reduction of the ratio of pupils to teachers in certain grades and to provide scholarships for students pursuing degrees in teaching; requiring the department of education to make certain reports; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

      whereas, The intended goal of the legislature is to achieve a pupil-teacher ratio or no more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught; and

      whereas, Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2; and

      whereas, The legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts; and

      whereas, School districts are encouraged, to the extent possible, to reduce the pupil-teacher ratio in each classroom in the district in the grades for which additional funding is provided; and

      whereas, With this act, the legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the state; and

      whereas, Thereafter, the intended goal of the legislature is to reduce the pupil-teacher ratio per class in grade 3 to no more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to no more than 22 per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to no more than 25 per class; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 388.700 is hereby amended to read as follows:

      388.700  1.  Except as otherwise provided in subsections 2 and 3, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.

      2.  A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.


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

ê1993 Statutes of Nevada, Page 1363 (Chapter 423, SB 567)ê

 

      3.  The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

      4.  The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:

      (a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.

      (b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.

      5.  The department shall, on or before December 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:

      (a) The number of teachers employed;

      (b) The number of teachers employed in order to attain the ratio required by subsection 1;

      (c) The number of pupils enrolled; and

      (d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

during the current school year in kindergarten and grades 1, 2 and 3 for each school district.

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the trust fund for class-size reduction created pursuant to NRS 388.730 for distribution by the superintendent of public instruction to the county school districts for fiscal year 1993-94 the sum of $25,323,436 which must be used to employ teachers in order to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1994, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.

      2.  The superintendent of public instruction is hereby authorized to distribute for fiscal year 1993-94 from the trust fund for class-size reduction the sum of $10,348,611:

      (a) Of which $130,680 must be transferred to the University and Community College System of Nevada to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching; and

      (b) Of which $10,217,931 must be distributed to local school districts for use in employing teachers in order to comply with the required ratio of pupils to teachers in grades 1 and 2 and selected kindergartens, as set forth in NRS 388.700.

Any remaining balance of the sums authorized for expenditure by this subsection must not be committed for expenditure after June 30, 1994, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.


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

ê1993 Statutes of Nevada, Page 1364 (Chapter 423, SB 567)ê

 

      3.  The amounts appropriated by subsection 1 and authorized by paragraph (b) of subsection 2 must be used to pay the salaries and benefits of no fewer than 981 teachers employed by school districts to meet the required pupil-teacher ratios in the 1993-94 school year.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the trust fund for class-size reduction created pursuant to NRS 388.730 for distribution by the superintendent of public instruction to the county school districts for fiscal year 1994-95 the sum of $27,741,608 which must be used to employ teachers in order to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1995, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.

      2.  The superintendent of public instruction is hereby authorized to distribute for fiscal year 1994-95 from the trust fund for class-size reduction the sum of $10,932,144:

      (a) Of which $130,680 must be transferred to the University and Community College System of Nevada to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching; and

      (b) Of which $10,801,464 must be distributed to local school districts for use in employing teachers in order to comply with the required ratio of pupils to teachers in grades 1 and 2 and selected kindergartens, as set forth in NRS 388.700.

Any remaining balance of the sums authorized for expenditure by this subsection must not be committed for expenditure after June 30, 1995, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.

      3.  The amounts appropriated by subsection 1 and authorized by paragraph (b) of subsection 2 must be used to pay the salaries and benefits of no fewer than 1,034 teachers employed by school districts to meet the required pupil-teacher ratios in the 1994-95 school year.

      Sec. 4.  1.  The money authorized and appropriated for class-size reduction pursuant to sections 2 and 3 of this act:

      (a) Must be used to meet, to the extent possible, pupil-teacher ratios required by NRS 388.700, applying money first to schools and classes with pupils considered most at risk of failure.

      (b) Must be accounted for separately from any other money received by the school districts of this state and used only to pay the salaries and benefits of teaching positions required to be added by this act.

      (c) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      (d) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      2.  The money appropriated or authorized for class-size reduction pursuant to sections 2 and 3 of this act may not be distributed to a school district whose plan for achieving the required ratio set forth in NRS 388.700 has not been received by the department of education.


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

ê1993 Statutes of Nevada, Page 1365 (Chapter 423, SB 567)ê

 

plan for achieving the required ratio set forth in NRS 388.700 has not been received by the department of education.

      Sec. 5.  1.  This section and sections 1, 2 and 4 of this act become effective on July 1, 1993.

      2.  Section 3 of this act becomes effective on July 1, 1994.

 

________

 

 

CHAPTER 424, SB 553

Senate Bill No. 553—Committee on Finance

CHAPTER 424

AN ACT relating to public schools; amending the provisions of Senate Bill No. 67 of this session to require the board of trustees of each school district to administer examinations for achievement and proficiency to certain pupils during the 1993-1994 school year; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Senate Bill No. 67 of this session is hereby amended by adding thereto a new section to read as follows:

       Sec. 2.5.  Notwithstanding the amendatory provisions of sections 1 and 2 of this act, the board of trustees of each school district shall administer the examinations required pursuant to NRS 389.015 to pupils enrolled in the 9th grade during the 1993-1994 school year. The board of trustees of each school district shall submit to the superintendent of public instruction the results of the examinations administered pursuant to this section. The results submitted pursuant to this section must be submitted in the same form and manner as prescribed for the results submitted pursuant to NRS 389.017.

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

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1366ê

 

CHAPTER 425, SB 551

Senate Bill No. 551—Committee on Finance

CHAPTER 425

AN ACT relating to the department of transportation; revising the statutory provision requiring the board of directors of the department of transportation to approve certain purchases of equipment by the department; prohibiting the board from delegating to the director of the department its authority to approve the purchases; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 408.131 is hereby amended to read as follows:

      408.131  The board shall:

      1.  Consider, at its meetings, all questions relating to the general policy of the department and transact such business as properly comes before it.

      2.  Receive and consider, at such time as the board selects, an annual report by the director.

      3.  Except as otherwise provided in NRS 408.203, act for the department in all matters relating to recommendations, reports and such other matters as the board finds advisable to submit to the legislature.

      4.  Maintain a record of all proceedings of the board.

      5.  Execute or approve all instruments and documents in the name of the state or the department necessary to carry out [of] the provisions of this chapter.

      6.  [Delegate] Except as otherwise provided in NRS 408.389, delegate to the director such authority as it deems necessary under the provisions of this chapter.

      7.  Act by resolution, vote or order entered in its records.

      Sec. 2.  NRS 408.389 is hereby amended to read as follows:

      408.389  1.  The department shall not purchase any equipment [for the construction and maintenance of highways] which exceeds [$25,000,] $50,000, unless the purchase is first approved by the board.

      2.  The board shall not delegate to the director its authority to approve purchases of equipment pursuant to subsection 1.

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

 

________

 

 


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ê1993 Statutes of Nevada, Page 1367ê

 

CHAPTER 426, SB 550

Senate Bill No. 550—Committee on Taxation

CHAPTER 426

AN ACT relating to taxation; providing exemptions from increases in certain taxes for labor and materials used for construction contracts that were executed before the increases became effective; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 364A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent allowed in subsection 2, there is exempted from the taxes imposed by this chapter the activity or activities conducted by a business pursuant to a written contract for the construction of an improvement to real property which was executed before July 1, 1991, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax imposed by this chapter.

      2.  If an employee of such a business performs work pursuant to:

      (a) A contract which is exempt pursuant to subsection 1 and does not perform work on any contract which is not exempt within the same calendar month, he must not be included in the number of employees for purposes of calculating the tax for that month pursuant to NRS 364A.140 or 364A.150.

      (b) Both exempt and nonexempt contracts within the same calendar month, he must be included in the number of employees for purposes of calculating the tax for that month pursuant to NRS 364A.140 or 364A.150.

      Sec. 2.  NRS 364A.140 is hereby amended to read as follows:

      364A.140  1.  A tax is hereby imposed upon the privilege of conducting business in this state. The tax must be paid on or before the last day of each calendar quarter on the basis of the average number of employees in the previous calendar quarter.

      2.  Except as otherwise provided in NRS 364A.150 [,] and section 1 of this act, the average number of employees for a quarter must be calculated by determining the number of employees for a quarter must be calculated by determining the number of employees on the payroll of the business during the week that includes the 12th day of the month for each of the months in the quarter. The number so derived for each of the months in the quarter must be added together and then divided by three to determine the average number of employees for the business.

      3.  Except as otherwise provided in NRS 364A.170, the amount of tax due per quarter for a business with an average number of employees of:

      (a) Not more than 99 must be determined pursuant to the following table:


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ê1993 Statutes of Nevada, Page 1368 (Chapter 426, SB 550)ê

 

           Average Number of Employees

                     during the Previous                                             Total Tax for the

                       Calender Quarter                                                Calendar Quarter

 

More than 0 but not more than 1                                               $25

More than 1 but not more than 4                                                 75

More than 4 but not more than 9                                               175

More than 9 but not more than 19                                             375

More than 19 but not more than 34                                           700

More than 34 but not more than 49                                        1,050

More than 49 but not more than 74                                        1,600

More than 74 but not more than 99                                        2,250

 

      (b) More than 99 but not more than 999 is $2,250 plus $30 for each employee, or portion thereof, over 99.

      (c) More than 999 is $29,250 plus $17.50 for each employee, or portion thereof, over 999 up to but not exceeding $100,000 for the quarter.

      4.  Each business shall file a return on a form prescribed by the department with each remittance of the tax. If the payment due is greater than $1,000, the payment must be made by direct deposit at a bank in which the state has an account, unless the department waives this requirement pursuant to regulations adopted by the commission. The return must include a statement of the average number of employees of the business for the preceding quarter and any other information the department determines is necessary.

      5.  For the purposes of this section:

      (a) The average number of employees of a business does not include a sole proprietor or one natural person in any unincorporated business, who shall be deemed the owner of the business rather than an employee.

      (b) The businesses conducted by a corporation, partnership, proprietorship, business association or similar organization or by a natural person shall be deemed a single business if:

             (1) The businesses are similar or related; and

             (2) In the case of businesses conducted by a corporation, partnership, proprietorship, business association or similar organization, the businesses are affiliated.

      (c) If a person supplies more than 999 employees to a business, the employees supplied to the business shall be deemed a separate business of the person who supplies the employees.

      6.  The department shall prorate the tax:

      (a) If a business begun during the quarter applies for its license within 10 days after opening and tenders payment on or before the last day of the quarter.

      (b) If a business ended during the quarter surrenders its license and tenders payment within 10 days after closing.

      7.  The commission shall adopt regulations concerning the payment of the tax imposed pursuant to this section by direct deposit.

      8.  As used in the section:

      (a) “Affiliated” means to be directly or indirectly controlling, controlled by or under common control with another person.


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ê1993 Statutes of Nevada, Page 1369 (Chapter 426, SB 550)ê

 

      (b) “Control” means the power to direct or cause the management, operations or policies of a person, through direct or indirect ownership of that person.

      Sec. 3.  NRS 364A.150 is hereby amended to read as follows:

      364A.150  1.  A business may elect to pay the tax imposed by NRS 364A.140 on the basis of the average number of employees determined pursuant to the provisions of this section and section 1 of this act in lieu of the provisions of subsection 2 of NRS 364A.140. The election must be made on or before the date the first payment of the fiscal year is made. An election made pursuant to this subsection applies for all four payments due during the fiscal year in which the election is made.

      2.  If a business elects to pay the tax pursuant to the provisions of this section, the total dollar amount of the payroll of the employer for the calendar quarter upon which the tax is based must be divided by the average wage factor for the fiscal year to determine the average number of employees of the business. The amount of tax due pursuant to subsection 3 of NRS 364A.140 must be calculated based upon the average number of employees determined pursuant to this subsection [.] and section 1 of this act.

      3.  The average wage factor for fiscal year 1991-1992 is $3,120. The factor must be cumulatively increased or decreased by the department for each fiscal year by a percentage equal to the percentage change in the Consumer Price Index for the preceding calendar year.

      4.  If 50 percent or more of the employees of a business average working 20 hours or less per week, the business may petition the executive director to allow it to prove that it pays a substantially higher average wage than the average wage factor for the fiscal year to which the petition applies for the purposes of determining its number of employees pursuant to this section. The business shall pay the tax based upon the average wage factor for the fiscal year pending the determination of the petition. An adverse decision of the executive director may be appealed to the commission. The decision of the commission is a final decision. If the executive director, or the commission upon appeal, determines that the business meets the requirements of this subsection, the business may apply the formula set forth in subsection 2 using the higher wage approved for the business pursuant to this subsection in place of the average wage factor. The number of employees determined pursuant to the provisions of this subsection must be multiplied by 1.33 before it is used to determine the amount of tax due for the calendar quarter pursuant to subsection 3 of NRS 364A.140.

      5.  The commission shall adopt regulations that provide for the development of average wage factors for businesses that are primarily engaged in the business of providing temporary or continuing employees to other businesses on a contract or fee basis. The regulations must ensure the development of average wage factors that equitably tax all such businesses and result in the payment by each business of an amount of tax that is approximately equal to comparable businesses of other types. The commission may require such additional information from these businesses as it deems necessary to carry out the provisions of this subsection.


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ê1993 Statutes of Nevada, Page 1370 (Chapter 426, SB 550)ê

 

      Sec. 4.  NRS 374.315 is hereby amended to read as follows:

      374.315  1.  There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into [prior to] before July 1, 1967.

      2.  There are exempted from the additional taxes imposed by amendment to this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for construction entered into [prior to] before May 1, 1981.

      3.  There are exempted from the additional taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for construction of an improvement to real property, entered into before July 30, 1991, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the additional taxes.

      Sec. 5.  NRS 377A.030 is hereby amended to read as follows:

      377A.030  Except as provided in NRS 377A.110 [,] and section 5 of this act, any ordinance enacted under this chapter must include provisions in substance as follows:

      1.  A provision imposing a tax upon retailers at the rate of not more than one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of an ordinance imposing the tax for public mass transportation and construction of public roads or the tax to promote tourism in the county.

      4.  A provision that the county shall contract before the effective date of the ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.

      5.  A provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

      Sec. 6.  Section 29 of chapter 491, Statutes of Nevada 1991, at page 1447, is hereby amended to read as follows:

       Sec. 29.  1.  Except as otherwise provided in this section and in section 34 of this act and in addition to all other sales and use taxes, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county.


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ê1993 Statutes of Nevada, Page 1371 (Chapter 426, SB 550)ê

 

and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county.

       2.  The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

       3.  The ordinance enacted pursuant to this section must include provisions in substance as follows:

       (a) Provisions substantially identical to those of the Local School Support Tax Law, insofar as applicable.

       (b) A provision that all amendments to the provisions of the Local School Support Tax Law subsequent to the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of the ordinance enacted pursuant to subsection 1.

       (c) A provision that the county shall contract before the effective date of the ordinance enacted pursuant to subsection 1 with the department to perform all functions incident to the administration or operation of the tax imposed pursuant to subsection 1.

       (d) A provision that exempts from the additional one quarter of one percent tax increase authorized pursuant to this section, the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property which was executed before July 30, 1991, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the additional tax pursuant to this section.

       4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county under this section must be paid to the department of taxation in the form of remittances made payable to the department of taxation.

       5.  The department of taxation shall deposit the payments with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

       6.  Any ordinance enacted pursuant to this section is deemed to include the provisions set forth in paragraph (d) of subsection 3.

      Sec. 7.  Any ordinance enacted under the provisions of chapter 377A of NRS which became effective between July 1, 1991, and the date on which this act becomes effective is deemed to include the provisions set forth in subsection 5 of NRS 377A.030, as amended by section 5 of this act.

      Sec. 8.  This act becomes effective upon passage and approval.

 

________

 

 


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ê1993 Statutes of Nevada, Page 1372ê

 

CHAPTER 427, SB 545

Senate Bill No. 545—Committee on Commerce and Labor

CHAPTER 427

AN ACT relating to financial planners; defining the occupation; providing duties and liabilities; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires:

      1.  “Client” means a person who receives advice from a financial planner.

      2.  “Compensation” means a fee for services provided by a financial planner to a client or a commission or other remuneration derived by a financial planner from a person other than the client as the result of the purchase of a good or service by the client.

      3.  “Financial planner” means a person who for compensation advises others upon the investment of money or upon provision for income to be needed in the future, or who holds himself out as qualified to perform either of these functions, but does not include:

      (a) An attorney and counselor at law admitted by the supreme court of this state;

      (b) A certified public accountant or a public accountant licensed pursuant to NRS 628.190 to 628.310, inclusive, or 628.350;

      (c) An investment adviser licensed pursuant to NRS 90.330 or exempt under NRS 90.340; or

      (d) An insurance agent or broker licensed pursuant to NRS 683A.090 to 683A.350, inclusive,

whose advice upon investment or provision of future income is incidental to the practice of his profession or business.

      Sec. 3.  A financial planner has the duty of a fiduciary toward a client. He shall disclose to the client, at the time advice is given, any gain he may receive, such as profit or commission, if the advice is followed. He shall make diligent inquiry of each client to ascertain initially, and keep himself currently informed concerning, the client’s financial circumstances and obligations and the client’s present and anticipated obligations to and goals for his family.

      Sec. 4.  1.  If loss results from following a financial planner’s advice under any of the circumstances listed in subsection 2, the client may recover from the financial planner in a civil action the amount of the economic loss and all costs of litigation and attorney’s fees.

      2.  The circumstances giving rise to liability of a financial planner are that the financial planner:

      (a) Violated any element of his fiduciary duty;

      (b) Was grossly negligent in selecting the course of action advices, in the light of all the client’s circumstances known to the financial planner; or


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

ê1993 Statutes of Nevada, Page 1373 (Chapter 427, SB 545)ê

 

      (c) Violated any law of this state in recommending the investment or service.

      Sec. 5.  Any financial planner shall maintain insurance covering liability for errors or omissions, or a surety bond to compensate clients for losses actionable pursuant to this chapter, in an amount of $1,000,000 or more.

 

________

 

 

CHAPTER 428, SB 471

Senate Bill No. 471—Senators Glomb, Adler, Brown, Callister, Coffin, Hickey, Jacobsen, James, Neal, Nevin, Raggio, Shaffer, Smith and Titus

CHAPTER 428

AN ACT relating to children; creating the office of advocate for missing or exploited children; defining the duties of the advocate; making various changes concerning the clearinghouse for information concerning missing or exploited children; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The office of advocate for missing or exploited children is hereby created within the office of the attorney general. The advocate for missing or exploited children may be known as the children’s advocate.

      2.  The attorney general shall appoint the children’s advocate. The children’s advocate is in the unclassified service of the state.

      3.  The children’s advocate:

      (a) Must be an attorney licensed to practice law in this state;

      (b) Shall advise and represent the clearinghouse on all matters concerning missing or exploited children in this state; and

      (c) Shall advocate the best interests of missing or exploited children before any public or private body.

      4.  The children’s advocate may:

      (a) Appear as an amicus curiae on behalf of missing or exploited children in any court in this state;

      (b) If requested, advise a political subdivision of this state concerning its duty to protect missing or exploited children; and

      (c) Recommend legislation concerning missing or exploited children.

      5.  Upon request by the children’s advocate, a district attorney or local law enforcement agency in this state shall provide all information and assistance necessary to assist the children’s advocate in carrying out the provisions of this section.

      Sec. 2.  NRS 432.150 is hereby amended to read as follows:

      432.150  As used in NRS 432.150 to 432.220, inclusive, unless the context otherwise requires:


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ê1993 Statutes of Nevada, Page 1374 (Chapter 428, SB 471)ê

 

      1.  “Clearinghouse ” [for information concerning missing children” or “clearinghouse”] means the program established by the attorney general pursuant to NRS 432.170.

      2.  [“Division” means the investigation division of the department of motor vehicles and public safety.

      3.]  “Director” means the director of the clearinghouse.

      3.  “Exploited child” means a person under the age of 18 years who has been:

      (a) Used in the production of pornography in violation of the provisions of NRS 200.710;

      (b) Subjected to sexual exploitation as defined in NRS 432B.110; or

      (c) Employed or exhibited in any injurious, immoral or dangerous business or occupation in violation of the provisions of NRS 609.210.

      4.  “Missing child” means a person under the age of 18 years who has run away or is otherwise missing from the lawful care, custody and control of his parent or guardian.

      Sec. 3.  NRS 432.160 is hereby amended to read as follows:

      432.160  1.  The [attorney general] director may prepare quarterly a bulletin containing information [obtained from the division concerning missing] concerning missing children in this state. The bulletin must contain the name and last known address of the missing child and any other information that the [attorney general] director considers necessary.

      2.  The [attorney general] director may distribute a copy of the bulletin, free of charge, to each law enforcement agency in this state, the department of education and each school district and every private elementary or secondary school. [He] The director may, for a reasonable fee, provide a copy of the bulletin to any other person or governmental agency.

      Sec. 4.  NRS 432.170 is hereby amended to read as follows:

      432.170  1.  The attorney general shall [establish] :

      (a) Establish a program to coordinate activities and information in this state concerning missing [children and shall assist] or exploited children; and

      (b) Appoint a director to administer the provisions of the program.

      2.  The director is in the unclassified service of the state. For the purposes of assisting the director in carrying out the provisions of NRS 432.150 to 432.220, inclusive, the attorney general may appoint such assistants or investigators as deemed necessary by the attorney general.

      3.  The director may:

      (a) Assist any public or private school in establishing a program of information about missing or exploited children by providing , free of charge, materials, publications and instructional aids relating to:

      [(a)](1) Offenses under federal and state law regarding missing or exploited children and the abuse or neglect of children.

      [(b)](2) Governmental and private agencies and programs for locating and identifying missing or exploited children, preventing the abduction or disappearance of children and preventing the abuse or neglect of children.

      [(c)](3) Methods of preventing the abduction or disappearance of children.

      [(d)](4) Techniques for the investigation of cases involving missing or exploited children.


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ê1993 Statutes of Nevada, Page 1375 (Chapter 428, SB 471)ê

 

      [(e)](5) Any other issue involving missing [children.

      2.  The attorney general] or exploited children.

      (b) Develop and maintain a system of information concerning missing or exploited children, including information concerning public or private resources which may be available to such children and their families.

      (c) Accept gifts or donations on behalf of the clearinghouse which must be accounted for separately and used by the director in carrying out the provisions of NRS 432.150 to 432.220, inclusive.

      (d) Enter into agreements with regional and national organizations for assistance and exchange of information concerning missing or exploited children.

      (e) Assist in the investigation of children who are reported missing in this state or who are reported abducted or taken from this state.

      4.  The director may provide the materials [pursuant to subsection 1] , publications and instructional aids identified in paragraph (a) of subsection 3 to any other person or governmental agency for a reasonable fee not to exceed the cost of preparing the materials.

      Sec. 5.  NRS 432.180 is hereby amended to read as follows:

      432.180  [1.]  The attorney general shall, on or before January 31 of each year, prepare and submit a report to the governor and the director of the legislative counsel bureau concerning programs of information about missing or exploited children in this state and the identification and investigation of cases involving missing or exploited children. The director of the legislative counsel bureau shall make the report available to each senator and assemblyman.

      [2.  The division shall cooperate with the attorney general in providing information for that report concerning the identification and investigation of cases involving missing children.]

      Sec. 6.  NRS 432.200 is hereby amended to read as follows:

      432.200  1.  A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as “runaway,” “abducted by his parent,” “abducted by a stranger” or “cause of disappearance unknown,” and shall:

      (a) Transmit all available information about the child to the division within 36 hours after the report is received;

      (b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary;

      (c) Fully comply with the requirements of the National Child Search Assistance Act of 1990 (Title XXXVII of Public Law 101-647, 104 Stat. 4966); and

      (d) Enter into the National Crime Information Center’s Missing Person File, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted such unlawful abduction or detention.

      2.  A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the child’s disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Center’s Wanted Person File of identifying and descriptive information concerning:

 


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ê1993 Statutes of Nevada, Page 1376 (Chapter 428, SB 471)ê

 

person suspected in the child’s disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Center’s Wanted Person File of identifying and descriptive information concerning:

      (a) The suspect; and

      (b) As miscellaneous information, the missing child.

The agency shall cross-reference information entered pursuant to this section with the National Crime Information Center’s Missing Person File.

      3.  If a missing child has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the division may, ask the child’s parent or guardian to consent to the release of the child’s dental records. The law enforcement agency shall transmit all dental records so released to it to the division. The division shall, upon its receipt of the dental records of the missing child, compare those records with the dental records of unidentified deceased children. This subsection does not preclude the voluntary release of the missing child’s dental records by his parent or guardian at any time.

      4.  The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency [when he] if the child is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center and the clearinghouse . [for information concerning missing children.]

      5.  As used in this section, “division” means the investigation division of the department of motor vehicles and public safety.

      Sec. 7.  NRS 432.205 is hereby amended to read as follows:

      432.205  1.  A law enforcement agency, upon receiving and verifying a report of a missing child, other than a child who has run away, shall immediately transmit the full contents of the report by the fastest means available to the clearinghouse . [for information concerning missing children.]

      2.  The clearinghouse shall, upon receipt of the report, immediately notify any governmental agency in possession of the birth certificate of the child and the superintendent of schools of the school district in possession of the educational records of the child that the child is missing.

      3.  Upon receiving such notification, the agency or superintendent shall:

      (a) Maintain the birth certificate or educational records in such a manner as to ensure that the clearinghouse is notified immediately if a request is made for the birth certificate or educational records.

      (b) Immediately notify the clearinghouse upon receiving any such request before releasing the birth certificate or educational records, including notification of the identity and location or address of the person making the request.

      (c) Not disclose to the person making the request any communication with the clearinghouse or the fact that a communication must be made.

      Sec. 8.  NRS 440.327 is hereby amended to read as follows:

      440.327  The state registrar shall not, without a court order to do so, issue to any person or governmental entity an original or copy of the certificate of birth of a child who is listed as missing in the bulletin prepared by the [attorney general] director of the clearinghouse for information concerning missing or exploited children pursuant to NRS 432.160. The state registrar shall inform the [attorney general or the investigation division of the department of motor vehicles and public safety] director of the clearinghouse of the name and identifying information, dates and circumstances of any person or governmental entity requesting the certificate of birth of such a child without a court order and any other information which might be helpful in furthering the purposes of NRS 432.150 to 432.220, inclusive.


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ê1993 Statutes of Nevada, Page 1377 (Chapter 428, SB 471)ê

 

shall inform the [attorney general or the investigation division of the department of motor vehicles and public safety] director of the clearinghouse of the name and identifying information, dates and circumstances of any person or governmental entity requesting the certificate of birth of such a child without a court order and any other information which might be helpful in furthering the purposes of NRS 432.150 to 432.220, inclusive.

 

________

 

 

CHAPTER 429, SB 427

Senate Bill No. 427—Committee on Transportation

CHAPTER 429

AN ACT relating to highways; requiring the director of the department of transportation to adopt regulations which prescribe the requirements for the designation of highways as scenic routes; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 408.213 is hereby amended to read as follows:

      408.213  1.  The director may designate a highway or portion of a highway as a scenic route if [:

      (a) The highway leads to a point or points of interest, such as federal or state parks, historic sites or areas for camping, picnics or recreation; and

      (b) There is an alternate route which parallels the proposed scenic route.] the route meets the requirements established by regulation for such a designation.

      2.  The director shall adopt regulations which prescribe the requirements for the designation of highways as scenic routes.

      3.  All official maps published by the department which are intended primarily for the use of tourists must identify highways or portions of highways which have been designated as scenic routes.

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

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1378ê

 

CHAPTER 430, SB 413

Senate Bill No. 413—Committee on Judiciary

CHAPTER 430

AN ACT relating to civil actions; providing a procedure for service of process at a residence where access is available only through a gate; increasing the monetary limit of the jurisdiction of justices’ courts; increasing the monetary limit on the size of claims for money that may be adjudicated in justices’ courts under the procedure for small claims; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 14 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who resides at a location to which access is not reasonably available except through a gate may be lawfully served with any legal process in the manner provided in this section. If there is:

      (a) A guard posted at the gate and the guard denies access to the residence for service of process, service of process is effective upon leaving a copy thereof with the guard.

      (b) No guard posted at the gate and entry through the gate is not reasonably available, the court may, if it is satisfied by affidavit that those facts are true, allow service of process by mailing a copy thereof to the residence by certified or registered mail.

      2.  The manner of service authorized by this section is supplemental to and does not affect the validity of any other manner of service authorized by law.

      Sec. 2.  NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Except as otherwise provided in subsection 2, each justice of the peace shall charge and collect the following fees:

      (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

       If the sum claimed does not exceed $1,000 .........................        $25.00

       If the sum claimed exceeds $1,000 but does not exceed [$5,000                 35.00]

$2,500 .............................................................................................         50.00

       If the sum claimed exceeds $2,500 but does not exceed $4,500               100.00

       If the sum claimed exceeds $4,500 but does not exceed $6,500               125.00

       If the sum claimed exceeds $6,500 but does not exceed $7,500               150.00

       In all other civil actions .........................................................          25.00

      (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

       [If the sum claimed does not exceed $500 ...........................        $10.00

       If the sum claimed exceeds $500 but does not exceed $1,500                     20.00


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ê1993 Statutes of Nevada, Page 1379 (Chapter 430, SB 413)ê

 

       If the sum claimed exceeds $1,500 but does not exceed $2,500                  30.00]

       If the sum claimed does not exceed $1,000 .......................       $25.00

       If the sum claimed exceeds $1,000 but does not exceed $2,500               45.00

       If the sum claimed exceeds $2,500 but does not exceed $3,500               65.00

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:

       In all civil actions ....................................................................          10.00

       For every additional defendant, appearing separately .....            5.00

      (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and other issued pursuant to the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention ................................            5.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court             5.00

      (g) For filing a notice of appeal, and appeal bonds ......................          10.00

      One charge only may be made if both papers are filed at the same time.

      (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court ......................................................................................................          10.00

      (i) For preparation and transmittal of transcript and papers on appeal.               10.00

      (j) For celebrating a marriage and returning the certificate to the county recorder                                                                                                                35.00

      (k) For entering judgment by confession .......................................            5.00

      (l) For preparing any copy of any record, proceeding or paper, for each page       .25

      (m) For each certificate of the clerk, under the seal of the court .            2.00

      (n) For searching records or files in his office, for each year ......            1.00

      (o) For filing and processing each bail or property bond ............          40.00

      2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

      3.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he must pay to the state treasurer pursuant to subsection 4.

      4.  The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.


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

ê1993 Statutes of Nevada, Page 1380 (Chapter 430, SB 413)ê

 

      Sec. 3.  NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Except as limited by subsection 2, justices’ courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$5,000.] $7,500.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$5,000.] $7,500.

      (c) Except as otherwise provided in paragraph (l) in actions for a fine, penalty or forfeiture not exceeding [$5,000,] $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$5,000,] $7,500, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

      (e) In actions to recover the possession of personal property, if the value of the property does not exceed [$5,000.] $7,500.

      (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$5,000.] $7,500.

      (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed [$5,000] $7,500 or when no damages are claimed.

      (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed [$5,000] $7,500 or when no damages are claimed.

      (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$5,000.] $7,500.

      (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$5,000.] $7,500.

      (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$5,000.] $7,500.

      (l) In actions for a fine imposed for a violation of NRS 484.757.

      (m) Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.

      (n) In small claims actions under the provisions of chapter 73 of NRS.

      (o) In actions to contest the validity of liens on mobile homes or manufactured homes.

      2.  The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.


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

ê1993 Statutes of Nevada, Page 1381 (Chapter 430, SB 413)ê

 

      3.  Justices’ courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.

      4.  Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      6.  Each justice’s court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

      Sec. 4.  NRS 73.010 is hereby amended to read as follows:

      73.010  In all cases arising in the justice’s court for the recovery of money only, where the amount claimed does not exceed [$2,500] $3,500 and the defendant named:

      1.  Is a resident of;

      2.  Does business in; or

      3.  Is employed in,

the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.

 

________

 

 

CHAPTER 431, SB 411

Senate Bill No. 411—Committee on Human Resources and Facilities

CHAPTER 431

AN ACT relating to children’s homes; allowing the use of certain benefits paid to a child to pay a portion of the cost of care and support of children in Nevada children’s homes; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 423.235 is hereby amended to read as follows:

      423.235  1.  Except as otherwise provided in NRS 423.230, all [moneys] money received by a child in the northern Nevada children’s home or the southern Nevada children’s home, including , but not limited to , social security benefits, benefits paid to heirs of United States employees and payments payable by the United States through the Veterans’ Administration, [shall] must be held by the superintendent in trust for [such child, to be paid over to such child or his parent or legal guardian upon release from the school. No such moneys shall be paid over to a foster parent.] the child.

      2.  The superintendent as trustee shall accumulate such [moneys] money during the period the child is a ward of the state under the provisions of chapter 423 of NRS, and shall invest such [moneys] money subject to the provisions of NRS 164.050, 164.060 and 164.065.


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

ê1993 Statutes of Nevada, Page 1382 (Chapter 431, SB 411)ê

 

      3.  The superintendent shall:

      (a) Keep a separate account for each child who receives money.

      (b) Deduct from the account the costs for the care and support of the child that are provided by the state, excluding any amount for which a county is responsible. If the child is placed in foster care, money in the account may be used for payments to a foster parent. Any surplus remaining may be expended for extraordinary items deemed beneficial to the child.

      (c) Remit any surplus balance to the child or his parent or legal guardian upon release from the school.

      4.  The superintendent may be removed as trustee of such [moneys] money only upon application to the district court for the county in which the children’s home is located. [Such] The district court may, for good cause shown and upon notice to the beneficiary, relieve the superintendent from his duties as trustee.

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

 

________

 

 

CHAPTER 432, SB 376

Senate Bill No. 376—Senator Nevin

CHAPTER 432

AN ACT relating to public works; requiring that certain members of a joint venture meet the requirements for the preference given to certain contractors for the preference to apply; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.147 is hereby amended to read as follows:

      338.147  1.  A public body shall award a contract for a public work to the contractor who submits the best bid.

      2.  Except as otherwise provided by subsection 3 [,] or limited by subsection 4, for the purposes of this section, a contractor who:

      (a) Has been found to be a responsible contractor by the public body; and

      (b) At the time he submits his bid, provides proof of the payment of:

             (1) The sales and use taxes imposed on materials used for construction of not less than $5,000 for each of the 5 years immediately preceding the submission of his bid; or

             (2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each of the 5 years immediately preceding the submission of his bid,

shall be deemed to have submitted a better bid than a competing contractor who has not paid the taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

      3.  If any federal stature or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.


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

ê1993 Statutes of Nevada, Page 1383 (Chapter 432, SB 376)ê

 

insofar as their application would preclude or reduce federal assistance for that work.

      4.  Except as otherwise provided in subsection 5, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

      5.  Except as otherwise provided in subsection 7, if a bid is submitted by a joint venture and one or more of the joint venturers has responsibility for the performance of the contract as described in subsection 6, the provisions of subsection 2 apply only to those joint venturers who have such responsibility.

      6.  For the purposes of subsection 5, a joint venturer has responsibility for the performance of a contract if he has at least one of the following duties or obligations delegated to him in writing in the contract creating the joint venture:

      (a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits.

      (b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;

      (c) Contracting with and making payments to any subcontractors; or

      (d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.

      7.  The provisions of subsection 5 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.

      Sec. 2.  Section 3 of chapter 713, Statutes of Nevada 1991, at page 2375, is hereby amended to read as follows:

       Sec. 3.  NRS 338.147 is hereby amended to read as follows:

       338.147  1.  A public body shall award a contract for a public work to the contractor who submits the best bid.

       2.  Except as otherwise provided by subsection 3 or limited by subsection 4, for the purposes of this section, a contractor who:

       (a) Has been found to be a responsible contractor by the public body; and

       (b) At the time he submits his bid, provides proof of the payment of [:

             (1) The sales and use taxes imposed on materials used for construction of not less than $5,000 for each of the 5 years immediately preceding the submission of his bid; or

             (2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each of the 5 years immediately preceding the submission of his bid,] the tax imposed pursuant to section 9 of Assembly Bill No. 303 of the 66th session of the Nevada legislature for each of the 5 years immediately preceding the submission of his bid,

shall be deemed to have submitted a better bid than a competing contractor who has not paid [the] those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.


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

ê1993 Statutes of Nevada, Page 1384 (Chapter 432, SB 376)ê

 

       3.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

       4.  [If] Except as otherwise provided in subsection 5, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

       5.  Except as otherwise provided in subsection 7, if a bid is submitted by a joint venture and one or more of the joint venturers has responsibility for the performance of the contract as described in subsection 6, the provisions of subsection 2 apply only to those joint venturers who have such responsibility.

       6.  For the purposes of subsection 5, a joint venturer has responsibility for the performance of a contract if he has at least one of the following duties or obligations delegated to him in writing in the contract creating the joint venture:

       (a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits;

       (b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;

       (c) Contracting with and making payments to any subcontractors; or

       (d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.

       7.  The provisions of subsection 5 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.

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

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1385ê

 

CHAPTER 433, SB 371

Senate Bill No. 371—Committee on Transportation

CHAPTER 433

AN ACT relating to motor vehicles; requiring a long-term lessor to complete certain statements and reports upon the lease of a new, used or rebuilt motor vehicle; revising the provisions concerning the issuance of special license plates for handicapped persons; exempting certain registered owners of motor vehicles who did not return forms for the verification of insurance within the required time from the requirement of filing proof of insurance for the reinstatement of their registration; and providing other matters properly relating thereto.

 

[Approved July 9, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  If a new vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin, and a long-term lessor’s report of lease. Such a report must be in a form prescribed by the department and must include:

      (a) A description of the vehicle; and

      (b) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.

      2.  Unless an extension of time is granted by the department, the long-term lessor shall:

      (a) Submit the original of the long-term lessor’s report of lease and the manufacturer’s certificate of origin or manufacturer’s statement of origin to the department within 20 days after the execution of the long-term lessor’s report of lease; and

      (b) Furnish one copy of the report to the long-term lessee.

The long-term lessor shall affix one copy of the report to the right front windshield of the vehicle, which permits the vehicle to be operated for a period not to exceed 10 days. Upon issuance of the certificate of registration for the vehicle or the expiration of 10 days after the lease, whichever occurs first, the long-term lessee shall remove the copy from the windshield of the vehicle.

      3.  For the purposes of establishing compliance with the period required by paragraph (a) of subsection 2, the department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 20-day period.

      4.  When a contract to lease a new vehicle is entered into, the department shall furnish a special permit to the long-term lessor to enable the long-term lessee to operate the vehicle for not more than 10 days. Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall remove the special permit and execute the long-term lessor’s report of lease as required by this section.

      Sec. 3.  1.  If a used or rebuilt vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a long-term lessor’s report of lease.

 


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ê1993 Statutes of Nevada, Page 1386 (Chapter 433, SB 371)ê

 

report of lease. Such a report must be in a form prescribed by the department and must include:

      (a) A description of the vehicle;

      (b) An indication as to whether the vehicle is a rebuilt vehicle; and

      (c) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.

      2.  Unless an extension of time is granted by the department, the long-term lessor shall:

      (a) Submit the original of the long-term lessor’s report of lease to the department within 30 days after the execution of the long-term lessor’s report of lease, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle; and

      (b) Furnish one copy of the report to the long-term lessee.

The long-term lessor shall affix one copy of the report to the right front windshield of the vehicle, which permits the vehicle to be operated for a period not to exceed 10 days. Upon issuance of the certificate of registration for the vehicle or the expiration of 10 days after the lease, whichever occurs first, the long-term lessee shall remove the copy from the windshield of the vehicle.

      3.  For the purposes of establishing compliance with the period required by paragraph (a) of subsection 2, the department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 30-day period.

      4.  When a contract to lease a used or rebuilt vehicle is entered into, the department shall furnish a special permit to the long-term lessor to enable the long-term lessee to operate the vehicle for not more than 10 days. Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall remove the special permit and execute the long-term lessor’s report of lease as required by this section.

      Sec. 4.  As used in NRS 482.384, unless the context otherwise requires, “person with a disability which limits or impairs the ability to walk” means a person who:

      1.  Cannot walk 200 feet without stopping to rest;

      2.  Cannot walk without the use of a brace, cane, crutch, wheelchair or prosthetic or other assistive device, or another person;

      3.  Is restricted by a lung disease to such an extent that the person’s forced expiratory volume for 1 second, when measured by a spirometer, is less than 1 liter, or the arterial oxygen tension is less than 60 millimeters of mercury on room air while the person is at rest;

      4.  Uses portable oxygen;

      5.  Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as a Class III or Class IV according to standards adopted by the American Heart Association;

      6.  Is visually handicapped; or

      7.  Is severely limited in his ability to walk because of an arthritic, neurological or orthopedic condition.

      Sec. 5.  Except as otherwise provided in NRS 482.463, upon the rescission or cancellation of the registration of any vehicle pursuant to NRS 482.460 to 482.475, inclusive, or the surrender of the corresponding license plates, no refund of the registration fees or privilege taxes paid for the vehicle may be allowed by the department.

 


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ê1993 Statutes of Nevada, Page 1387 (Chapter 433, SB 371)ê

 

refund of the registration fees or privilege taxes paid for the vehicle may be allowed by the department.

      Sec. 6.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in NRS 482.3775 [and 482.379,] , 482.379 or 482.384, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      3.  Every license plate must have displayed upon it:

      (a) The registration number , [(] or combination of letters and numbers , [)] assigned to the vehicle and to the owner thereof;

      (b) The name of the state, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      4.  The letters I and Q must not be used in the designation.

      5.  Except as otherwise provided by NRS 482.379, all letters and numbers must be of the same size.

      Sec. 7.  NRS 482.383 is hereby amended to read as follows:

      482.383  1.  The registration division of the department may issue a special use permit for the operation of any [new,] unregistered and unlicensed vehicle upon any highway in the state [for the purpose of enabling] to enable such a vehicle to operate in connection with special events, such as parades.

      2.  [Such permit shall] A permit issued pursuant to subsection 1 must be in a form [to be] prescribed by the department and [shall] must limit the use of the vehicle for which it is issued to movement for the purpose set forth in the application for the permit. Such a permit [shall] must be affixed to the vehicle in a manner and position [to be] determined by the department and [shall] must be canceled, destroyed or surrendered under such rules as the department may prescribe.

      3.  The registration division of the department shall charge a fee of $2 for each [such] permit issued [.] pursuant to subsection 1.

      Sec. 8.  NRS 482.384 is hereby amended to read as follows:

      482.384  1.  [The department may issue special plates to any person who owns a motor vehicle, other than a commercial vehicle, and has a permanent physical handicap which impairs his mobility when not in a motor vehicle.

      2.  The department may issue a special parking permit to any person who:

      (a) Owns or does not own a motor vehicle;

      (b) Has a permanent physical handicap which impairs his driving ability and impairs his mobility when not in a motor vehicle; and

 


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ê1993 Statutes of Nevada, Page 1388 (Chapter 433, SB 371)ê

 

      (c) Has need to be driven by another person to a destination in a motor vehicle,

or to any organization which provides transportation for such a person.

      3.  The department may adopt such regulations as are necessary to ascertain eligibility for special parking permits and special plates.

      4.  Applications for special parking permits or special plates and applications for both special parking permits and special plates for physically handicapped persons must be made to the department on forms provided by the department. The application must require information necessary to determine the applicant’s eligibility for a special parking permit or special plates, or both a special parking permit and special plates for physically handicapped persons and must be accompanied by a certificate from a licensed physician describing the character and extent of the applicant’s disability or the general nature of the disabilities of any persons for whom an organization will provide transportation.

      5.  The department shall charge a fee of no more than $10 for the issuance of the special parking permit to cover the cost of materials.

      6.  Physically handicapped persons shall pay the regular motor vehicle registration fee as prescribed by this chapter.

      7.  Except as otherwise provided in this subsection, only one special parking permit and one set of special plates for physically handicapped persons may be issued to any eligible applicant in any one registration period. An organization which will provide transportation for others may obtain one special parking permit for each person so engaged or vehicle to be used.

      8.  Each set of special plates for physically handicapped persons issued pursuant to this section expires at the end of the last registration month of the registration period for which it was issued.

      9.  Each special parking permit issued pursuant to this section must contain:

      (a) If issued to a natural person, a picture of that person;

      (b) If issued to an organization, the name of that organization;

      (c) The address of the natural person or organization to which it is issued;

      (d) A statement concerning the disability for which the special parking permit is necessary; and

      (e) The name of the licensed physician who signed the certificate required by subsection 4.

      10.  The department shall provide to each person to whom it issues a special parking permit or special plates pursuant to this section, a card identifying that person as the holder of the special parking permit or special plates, or both the special parking permit and special plates.

      11.]  Upon the application of a person with a disability which limits or impairs the ability to walk, the department may issue special license plates for a vehicle registered by the applicant pursuant to this chapter. The application must include a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk. The issuance of a special license plate pursuant to this subsection does not preclude the issuance of a special parking placard pursuant to subsection 5.

      2.  Upon the application of an organization which provides transportation for a person with a disability which limits or impairs the ability to walk, the department may issue special license plates for a vehicle registered by the organization pursuant to this chapter.

 


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ê1993 Statutes of Nevada, Page 1389 (Chapter 433, SB 371)ê

 

department may issue special license plates for a vehicle registered by the organization pursuant to this chapter. The application must include a statement from the organization certifying that the vehicle is used primarily to transport persons with disabilities which limit or impair the ability to walk.

      3.  The department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

      4.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numbers and letters on the plate.

      5.  Upon the application of a person with a disability which limits or impairs the ability to walk, the department may issue a special parking placard. Upon request, the department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section. The application must include a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk.

      6.  A special parking placard issued pursuant to subsection 5 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

      (b) Have an identification number and date of expiration;

      (c) Have placed or inscribed on it the seal or other identification of the department; and

      (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      7.  The department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard upon the application of a person with a temporary disability which limits or impairs the ability to walk. Upon request, the department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician indicating:

      (a) That the applicant has a temporary disability which limits or impairs the ability to walk; and

      (b) The estimated period of the disability.

      8.  A temporary parking placard issued pursuant to subsection 7 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background; and

      (b) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      9.  A temporary parking placard is valid only for the period for which a physician has certified the disability, but in no case longer than 6 months.

      10.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle when the vehicle is parked.

 


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ê1993 Statutes of Nevada, Page 1390 (Chapter 433, SB 371)ê

 

      11.  Special or temporary parking [permits] placards or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

      [12.  Special plates issued pursuant to this section must be of a design determined by the department.

      13.  A person, other than the physically handicapped person or a person actually transporting the physically handicapped person, shall not use the special parking permit or special plates issued to the handicapped person to obtain the special parking privileges available pursuant to this section.

      14.]12.  No person, other than the person certified as being a person with a disability which limits or impairs the ability to walk, or a person actually transporting such a person, may use the special license plates or a special or temporary parking placard issued pursuant to this section to obtain any special parking privileges available under this section.

      13.  Any person who violates the provisions of subsection [13] 12 is guilty of a misdemeanor.

      [15.]14.  The department [shall] may review the eligibility of each holder of a special parking [permit] placard or special license plates, or both a special parking [permit] placard and special license plates . [, at least once every 2 years.] Upon a determination of ineligibility by the department, the holder shall surrender the special parking [permit] placard or special license plates, or both, to the department.

      15.  The department may adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 9.  NRS 482.423 is hereby amended to read as follows:

      484.423  1.  When a new vehicle is sold in this state, the seller shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin and, unless the vehicle is sold to a licensed dealer, a dealer’s report of sale. The dealer’s report of sale must be in a form prescribed by the department and must include [a] :

      (a) A description of the vehicle [, the] ;

      (b) The name and address of the seller ; and [the]

      (c) The name and address of the buyer.

If in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee must be entered on the dealer’s report of sale and on the manufacturer’s certificate or statement of origin.

      2.  [The] Unless an extension of time is granted by the department, the seller shall [submit] :

      (a) Submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin to the department within 20 days after the execution of [all instruments which the contract of sale requires to be executed at the time of sale or within 20 days after the date of sale, whichever is later, unless an extension of time is granted by the department, and shall furnish] the dealer’s report of sale; and

      (b) Furnish one copy of the report to the buyer.

 


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ê1993 Statutes of Nevada, Page 1391 (Chapter 433, SB 371)ê

 

One copy must be affixed to the right front windshield of the vehicle, which permits the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.

      3.  For the purposes of establishing compliance with the period required by paragraph (a) of subsection 2, the department shall use the date imprinted or otherwise indicated on the dealer’s report of sale as the beginning date of the 20-day period.

      4.  The department shall furnish a special permit for use when a contract of sale is entered [, for the purpose of enabling] to enable the buyer to operate the vehicle for a period not to exceed 10 days. Upon execution of all required documents to complete the sale of a vehicle, the dealer shall remove this permit and execute a dealer’s report of sale as required by this section.

      Sec. 10.  NRS 482.424 is hereby amended to read as follows:

      482.424  1.  When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealer’s or rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be in a form prescribed by the department and must include [a] :

      (a) A description of the vehicle, including whether it is a rebuilt vehicle [, the] ;

      (b) The name and address of the seller ; and [the]

      (c) The name and address of the buyer.

If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be entered on the dealer’s or rebuilder’s report of sale.

      2.  [The] Unless an extension of time is granted by the department, the seller shall [submit] :

      (a) Submit the original of the dealer’s or rebuilder’s report of sale to the department within 30 days after the execution of [all instruments which the contract of sale requires to be executed at the time of sale, unless an extension of time is granted by the department,] the dealer’s or rebuilder’s report of sale, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle [, and shall furnish] ; and

      (b) Furnish one copy of the report to the buyer.

One copy must be affixed to the front right windshield of the vehicle, which permits the vehicle to be operated for not more than 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.

      3.  For the purposes of establishing compliance with the period required by paragraph (a) of subsection 2, the department shall use the date imprinted or otherwise indicated on the dealer’s or rebuilder’s report of sale as the beginning date of the 30-day period.

 


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ê1993 Statutes of Nevada, Page 1392 (Chapter 433, SB 371)ê

 

      4.  The department shall furnish a special permit which may be used when a contract of sale is made, to enable the buyer to operate the vehicle purchased by him for not more than 10 days. Upon executing all documents necessary to complete the sale of the vehicle, the dealer shall remove the special permit and execute the dealer’s [“] report of sale, [” pursuant to subsections 1 and 2 of] as required by this section.

      Sec. 11.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

      3.  For each transfer of registration a fee of $6 in addition to any other fees.

      4.  Except as otherwise provided in NRS 485.383, to reinstate the registration of a motor vehicle suspended pursuant to that section, [a] :

      (a) A fee of $100 [,] for a registered owner who failed to have a contract of insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.383; or

      (b) A fee of $50 for a registered owner who had a contract of insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.383, but failed to return the form within the time specified in that subsection,

both of which must be accounted for in the account for verification of insurance which is hereby created in the state general fund and must be used only for the purposes specified in NRS 485.383.

      5.  For every travel trailer, a fee for registration of $27.

      6.  For every permit for the operation of a golf cart, an annual fee of $10.

      Sec. 12.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as f