[Rev. 3/18/2013 1:59:16 PM]

Link to Page 130

 

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ê1997 Statutes of Nevada, Page 131 (Chapter 68, SB 191)ê

 

and the sheriff shall make return upon his certified copy of [such] the judgment, showing his proceedings thereunder, and both [such] that copy with the return affixed thereto and the receipt from the authorized person [shall] must be filed with the county clerk.

      3.  The term of imprisonment designated in the judgment [shall] must begin on the date of sentence of the prisoner by the court.

      4.  Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the director of the department of prisons shall return one of his certified copies of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy [shall] must be filed with the county clerk. The return [shall] must show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.

      Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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CHAPTER 69, SB 66

Senate Bill No. 66–Committee on Transportation

CHAPTER 69

AN ACT relating to motor vehicles; deleting the requirement that an application for the renewal of the registration of a motor vehicle include the declaration of the applicant that he will maintain the insurance coverage required by statute; and providing other matters properly relating thereto.

 

[Approved May 12, 1997]

 

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

 

      Section 1.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.

      2.  An application mailed or presented to the department or to a county assessor pursuant to the provisions of this section, or presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281 must include [:


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ê1997 Statutes of Nevada, Page 132 (Chapter 69, SB 66)ê

 

      (a) A signed declaration by the applicant that he has and will maintain, during the period of registration, insurance as required by NRS 485.185. Insurance may be provided by an operator’s policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.

      (b) If] , if required, evidence of compliance with standards for control of emissions.

      3.  The department shall insert in each application mailed pursuant to subsection 1:

      (a) The amount of privilege tax to be collected for the county pursuant to the provisions of NRS 482.260.

      (b) The amount set forth in a notice of nonpayment filed with the department by a local authority pursuant to NRS 484.444.

    (c) A statement which informs the applicant that, pursuant to NRS 485.185, he is legally required to maintain insurance during the period in which the motor vehicle is registered.

      4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.

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

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CHAPTER 70, SB 28

Senate Bill No. 28–Committee on Government Affairs

CHAPTER 70

AN ACT relating to public purchasing; exempting purchases by local governments of supplies, materials or equipment available from the General Services Administration or another governmental agency from the requirements for competitive bidding; and providing other matters properly relating thereto.

 

[Approved May 12, 1997]

 

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

 

      Section 1.  NRS 332.115 is hereby amended to read as follows:

      332.115  1.  Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:

      (a) Items which may only be contracted from a sole source;

      (b) Professional services;

      (c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;

      (d) Equipment which, by reason of the training of the personnel or of [any] an inventory of replacement parts maintained by the local government is compatible with existing equipment;


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ê1997 Statutes of Nevada, Page 133 (Chapter 70, SB 28)ê

 

      (e) Purchases of perishable goods by a county or district hospital;

      (f) [Any insurance;] Insurance;

      (g) Software for computers;

      (h) Books, library materials and subscriptions;

      (i) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;

      (j) Motor vehicle fuel for use in [any] a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicle’s assigned service area from a fueling station owned by the State of Nevada or a local government; [and]

      (k) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners [,] ; and

      (l) Supplies, materials or equipment that are available from the General Services Administration or another governmental agency in the regular course of its business,

are not subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.

      2.  The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding if:

      (a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; and

      (b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.

      3.  The governing body of [any] a hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract properly awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:

      (a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or

      (b) The vendor was identified as a supplier but was not identified as the supplier of such goods.

The governing body of the hospital shall make available for public inspection each such contract and [any] records related to those purchases.

      4.  Except in cases of emergency, at least 60 days before the expiration of [any] an existing contract for insurance in which the local government is the insured, the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice of the date the contract for insurance expires.

      5.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.

      Sec. 2.  This act becomes effective on July 1, 1997.

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ê1997 Statutes of Nevada, Page 134ê

 

CHAPTER 71, SB 65

Senate Bill No. 65–Committee on Transportation

CHAPTER 71

AN ACT relating to traffic laws; authorizing the evaluation of a person convicted of driving under the influence of an intoxicating liquor or a controlled substance to determine whether he is an abuser of alcohol or other drugs to be conducted outside an evaluation center or this state under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 12, 1997]

 

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

 

      Section 1.  NRS 484.37943 is hereby amended to read as follows:

      484.37943  1.  If a person is found guilty of a first violation, if the weight of alcohol in the defendant’s blood at the time of the offense was 0.18 percent or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender [:

      (a) Require the] , require an evaluation of the offender [by an evaluation center] pursuant to subsection 3, 4 or 5 to determine [if] whether he is an abuser of alcohol or other drugs . [; and

      (b) Order the offender to pay an assessment of not more than $100 and render a judgment against him for the assessment.]

      2.  If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require [the] an evaluation of the offender [by an evaluation center] pursuant to subsection 3, 4 or 5 to determine [if] whether he is an abuser of alcohol or other drugs.

      3.  [The] Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

      (a) A counselor certified to make that [classification] evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;

      (b) A physician certified to make that [classification] evaluation by the board of medical examiners; or

      (c) A person who is approved to make that [classification] evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,

who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required [by] for the offender.

      4.  [The money collected as an assessment pursuant to this section must:

      (a) Not be deducted from any fine imposed;

      (b) Be taxed against the offender in addition to the fine;

      (c) Be stated separately on the court’s docket; and

      (d) Be expended to offset the cost of the evaluation required by this section, including, but not limited to, the cost of staffing the evaluation center, equipment used at the center and maintaining the center.] The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3.


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ê1997 Statutes of Nevada, Page 135 (Chapter 71, SB 65)ê

 

evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      5.  The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      6.  An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.

      Sec. 2.  NRS 484.37945 is hereby amended to read as follows:

      484.37945  1.  When a program of treatment is ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for not less than 30 days nor more than 6 months, in accordance with the report submitted to the court pursuant to subsection 3 , 4 or 5 of NRS 484.37943. The court may:

      (a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or

      (b) Release the offender for treatment in the community,

for the period of supervision ordered by the court.

      2.  The court shall:

      (a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and

      (b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all of those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.

      3.  A treatment facility is not liable for any damages to person or property caused by a person who drives while under the influence of intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792.

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ê1997 Statutes of Nevada, Page 136ê

 

CHAPTER 72, SB 9

Senate Bill No. 9–Committee on Natural Resources

CHAPTER 72

AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin; imposing a fee for the issuance of those license plates to finance programs for the preservation and restoration of the natural environment of the Lake Tahoe Basin; and providing other matters properly relating thereto.

 

[Approved May 12, 1997]

 

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.  Except as otherwise provided in this subsection, the department, in cooperation with the division of state lands of the state department of conservation and natural resources, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin using any colors that the department deems appropriate. The design of the license plates must include a depiction of Lake Tahoe and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The department may issue license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin for a passenger car or light commercial vehicle upon application by a 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 license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The 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 set of license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to finance projects for the preservation and restoration of the natural environment of the Lake Tahoe Basin.


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ê1997 Statutes of Nevada, Page 137 (Chapter 72, SB 9)ê

 

      5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin created pursuant to section 3 of this act.

      6.  If, during a registration year, the holder of license 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 that 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 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in NRS 482.3747, 482.3775, 482.379, 482.3791, 482.3792, 482.3793, 482.3794 or 482.384, or 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.

      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 in NRS 482.379, all letters and numbers must be of the same size.

      Sec. 3.  Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The account for license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin is hereby created in the state general fund. The administrator of the division of state lands of the state department of conservation and natural resources shall administer the account.

      2.  The money in the account does not lapse to the state general fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.


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ê1997 Statutes of Nevada, Page 138 (Chapter 72, SB 9)ê

 

account, after deducting any applicable charges, must be credited to the account.

      3.  The money in the account must be used only for the support of programs for the preservation and restoration of the natural environment of the Lake Tahoe Basin and must not be used to replace or supplant funding available from other sources. The administrator may provide grants from the account to other public agencies to carry out the provisions of this section.

      Sec. 4.  The amendatory provisions of this act expire by limitation on October 1, 2001, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 1 of this act.

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CHAPTER 73, SB 272

Senate Bill No. 272–Committee on Finance

CHAPTER 73

AN ACT making an appropriation to the Nevada State Railroad Museum for the purchase and installation of a new motor for the Washoe Zephyr Motorcar; and providing other matters properly relating thereto.

 

[Approved May 12, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Nevada State Railroad Museum the sum of $4,588 for the purchase and installation of a new motor for the Washoe Zephyr Motorcar.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

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ê1997 Statutes of Nevada, Page 139ê

 

CHAPTER 74, AB 362

Assembly Bill No. 362–Assemblymen Ernaut, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams

CHAPTER 74

AN ACT relating to days of observance; designating April 6 as Tartan Day in the State of Nevada; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

      Whereas, April 6 each year commemorates all that is best in Scottish history and culture as well as the contributions that Scots and Americans of Scottish descent, Scots-Americans, have made to the history and development of the United States; and

      Whereas, This date marks the anniversary of the Declaration of Scottish Independence in 1320 at Arbroath Abbey on the east coast of Scotland; and

      Whereas, The Declaration of Scottish Independence included the famous words that are imbedded in the hearts of all Scots today, “For we fight not for glory, nor riches, nor honours, but for freedom alone, which no good man gives up except with his life”; and

      Whereas, The State of Nevada is proud to recognize and acknowledge the contributions of the local “Sierra Highlanders Pipe Band” and the efforts of the many Scottish descendants locally who proudly represent their heritage, including Patricia A. Puchert, Nevada Commissioner of the CLAN DONALD USA, Ronn Everman, Director and Chairman of the International Celtic Games and Gatherings, Incline Village of the CLAN MACAEVER, William A. Glenn, Nevada Commissioner of the CLAN CHATTAN, John E. McLennan, M.D., of the CLAN MACLENNAN, Hugh Lantz, Chief of the Nevada Society of Scottish Clans, Reno, Jerry D. Lester, President of the St. Andrews Society of Southern Nevada, Las Vegas, Daniel Luke, Chief of the Sierra Nevada Celtic Society, Reno, and Elizabeth Howe, Northern Nevada Governor of the CLAN RAMSAY; and

      Whereas, As a result of improved communications via the informational highway, Tartan Day has become recognized internationally with five countries currently participating in its celebration; and

      Whereas, On April 6, the Scots-American community in Nevada will join the Nevada Society of Scottish Clans, Reno, the Sierra Nevada Celtic Society, Reno, and the St. Andrews Society of Southern Nevada, Las Vegas, and with a combined membership of approximately 800 will proudly WEAR THE TARTAN; now, therefore,

 

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

 


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ê1997 Statutes of Nevada, Page 140 (Chapter 74, AB 362)ê

 

      Section 1.  Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governor shall annually proclaim April 6 to be Tartan Day in Nevada to commemorate the contributions that Scots and Scots-Americans have made to the history and development of the United States.

      2.  The proclamation must call upon news media, educators and state officers to bring to the attention of Nevada’s residents the important contributions the Scots and Scots-Americans have made to the State of Nevada and the United States.

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

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CHAPTER 75, AB 102

Assembly Bill No. 102–Committee on Judiciary

CHAPTER 75

AN ACT relating to courts; authorizing all cities and counties to provide for the imposition of an administrative assessment for the provision of court facilities in justices’ and municipal courts; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  NRS 176.0611 is hereby amended to read as follows:

      176.0611  1.  A county [whose population is 400,000 or more] or a city , [located within such a county,] upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justices’ or municipal courts within its jurisdiction to impose for not longer than 25 years, in addition to an administrative assessment imposed pursuant to NRS 176.059, an administrative assessment for the provision of court facilities.

      2.  Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment.

      3.  The provisions of subsection 2 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance [which] that is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      4.  The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it.


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ê1997 Statutes of Nevada, Page 141 (Chapter 75, AB 102)ê

 

determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

      5.  If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:

      (a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

      (b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section; and

      (c) To pay the fine.

      6.  The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:

      (a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center [which] that includes the municipal courts.

      (b) Construct or acquire additional facilities for the municipal courts or a regional justice center [which] that includes the municipal courts.

      (c) Renovate or remodel existing facilities for the municipal courts.

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center [which] that includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

      (e) Acquire advanced technology for use in the additional or renovated facilities.

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center [which] that includes the municipal courts.

Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      7.  The money collected for administrative assessments for the provision of court facilities in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall deposit the money received to a special revenue fund.


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ê1997 Statutes of Nevada, Page 142 (Chapter 75, AB 102)ê

 

special revenue fund. The county may use the money in the special revenue fund only to:

      (a) Acquire land on which to construct additional facilities for the justices’ courts or a regional justice center [which] that includes the justices’ courts.

      (b) Construct or acquire additional facilities for the justices’ courts or a regional justice center [which] that includes the justices’ courts.

      (c) Renovate or remodel existing facilities for the justices’ courts.

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justices’ courts or a regional justice center [which] that includes the justices’ courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

      (e) Acquire advanced technology for use in the additional or renovated facilities.

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justices’ courts or a regional justice center [which] that includes the justices’ courts.

Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      8.  If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.

      Sec. 2.  The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 3.  This act becomes effective on July 1, 1997.

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ê1997 Statutes of Nevada, Page 143ê

 

CHAPTER 76, AB 134

Assembly Bill No. 134–Committee on Transportation

CHAPTER 76

AN ACT relating to the department of motor vehicles and public safety; authorizing the department in certain circumstances to request an authorization for the disclosure of certain financial information from applicants for and holders of certain occupational licenses; authorizing the department to suspend, revoke, or refuse to issue or renew such a license if such an authorization is not provided; limiting the use and disclosure by the department of the information obtained from such an authorization; revising the expiration dates for certain occupational licenses issued by the department; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  NRS 482.333 is hereby amended to read as follows:

      482.333  1.  A person shall not engage in the activity of a broker of vehicles in this state without first having received a license from the department. Before issuing a license to a broker, the department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his residential address and the address of his principal place of business;

      (b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked;

      (c) Payment of a nonrefundable license fee of $125;

      (d) For initial licensure, the submission of a complete set of the applicant’s fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

      (e) Any other information the department deems necessary.

A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50.

      2.  An application for a broker’s license may be denied and a broker’s license may be suspended or revoked upon the following grounds:

      (a) Conviction of a felony;

      (b) Conviction of a gross misdemeanor;

      (c) Conviction of a misdemeanor for violation of any of the provisions of this chapter;

      (d) Falsification of the application; [or]

      (e) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6; or

      (f) Any other reason determined by the director to be in the best interests of the public.


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ê1997 Statutes of Nevada, Page 144 (Chapter 76, AB 134)ê

 

      3.  If an application for a broker’s license has been denied, the applicant may not reapply sooner than 6 months after the denial.

      4.  A broker’s license must be posted in a conspicuous place on the premises of the broker’s principal place of business.

      5.  If any information submitted in the application for a broker’s license changes, the broker shall submit a written notice of the change to the department within 10 days.

      6.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activity of a broker of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      7.  Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.

      Sec. 2.  NRS 482.352 is hereby amended to read as follows:

      482.352  1.  The department may deny the issuance of, suspend or revoke a license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles upon any of the following grounds:

      (a) Failure of the applicant to have an established place of business in this state.

      (b) Conviction of a felony in the State of Nevada or any other state, territory or nation.

      (c) Material misstatement in the application.

      (d) Evidence of unfitness of the applicant or licensee.

      (e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the director. For the purpose of this [subsection,] paragraph, failure to comply with the directives of the director advising the licensee of his noncompliance with any provision of the motor vehicle laws of this state or regulations of the department, within 10 days after receipt of the directive, is prima facie evidence of willful failure to comply with the directive.

      (f) Failure or refusal to furnish and keep in force any bond.

      (g) Failure on the part of the licensee to maintain a fixed place of business in this state.

      (h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against the licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.

      (i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.


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ê1997 Statutes of Nevada, Page 145 (Chapter 76, AB 134)ê

 

      (j) Allowing an unlicensed salesman to sell or lease any vehicle.

      (k) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 3.

      2.  The director may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.

      3.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activities of a manufacturer, distributor, dealer or rebuilder, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 482.318 to 482.363105, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      Sec. 3.  NRS 487.070 is hereby amended to read as follows:

      487.070  1.  The department may approve or reject the application and, if approved, shall issue to the applicant:

      (a) A license containing the applicant’s name [,] and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      (b) A card which:

             (1) Contains the information specified in paragraph (a);

             (2) Includes a picture of the licensee; and

             (3) Clearly identifies the holder of the card as a licensed automobile wrecker.

      2.  A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers and body shops.

      3.  A license expires on [December 31 of the year for which it is issued.] April 30 of each year.

      4.  A licensee may renew his license by submitting to the department:

      (a) A completed application for renewal upon a form supplied by the department; and

      (b) The fee for renewal of a license provided in NRS 487.080.

      Sec. 4.  NRS 487.160 is hereby amended to read as follows:

      487.160  1.  The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:

      (a) Is not lawfully entitled thereto;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license;


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ê1997 Statutes of Nevada, Page 146 (Chapter 76, AB 134)ê

 

      (c) Has failed to return a certificate of dismantling to the state agency when and as required of him by NRS 487.045 to 487.190, inclusive; or

      (d) Has failed to surrender to the state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny a license to an applicant therefor, if the licensee or applicant:

      (a) Does not have or maintain an established place of business in this state.

      (b) Made a material misstatement in any application.

      (c) Willfully fails to comply with any provision of NRS 487.045 to 487.190, inclusive.

      (d) Fails to furnish and keep in force any bond required by NRS 487.050 to 487.190, inclusive.

      (e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.

      (f) Fails to maintain any license or bond required by a political subdivision of this state.

      (g) Has been convicted of a felony.

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (i) Fails or refuses to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.

      5.  If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      6.  The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.

      7.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.050 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.


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ê1997 Statutes of Nevada, Page 147 (Chapter 76, AB 134)ê

 

      8.  For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS 487.045 to 487.190, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

      Sec. 5.  NRS 487.430 is hereby amended to read as follows:

      487.430  1.  The department may approve or reject the application for a license to operate a salvage pool and, if approved, shall issue to the applicant a license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      2.  A license expires on [December 31 of the year for which it was issued.] April 30 of each year.

      3.  A licensee may renew his license by submitting to the department:

      (a) A completed application for renewal upon a form supplied by the department; and

      (b) The fee for renewal of a license provided in NRS 487.450.

      Sec. 6.  NRS 487.490 is hereby amended to read as follows:

      487.490  1.  The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license of an operator of a salvage pool upon determining that the operator:

      (a) Is not lawfully entitled to the license;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license;

      (c) Made a material misstatement in any application;

      (d) Willfully fails to comply with any provision of NRS 487.400 to 487.510, inclusive;

      (e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation regarding a vehicle;

      (f) Fails to maintain any license or bond required by a political subdivision of this state;

      (g) Has been convicted of a felony; [or]

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter [.] ; or

      (i) Fails or refuses to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal to grant or renew or the suspension or revocation of a license, petition the department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  If an application for a license as an operator of a salvage pool is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      5.  The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of NRS 487.400 to 487.510, inclusive.


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ê1997 Statutes of Nevada, Page 148 (Chapter 76, AB 134)ê

 

      6.  Upon the receipt of any report or complaint that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a salvage pool, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.400 to 487.510, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      7.  For the purposes of this section, the failure to adhere to the directives of the department advising the licensee of his noncompliance with any provision of NRS 487.400 to 487.510, inclusive, or regulations of the department, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

      Sec. 7.  NRS 487.630 is hereby amended to read as follows:

      487.630  1.  An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by such proof as the department requires to evidence that the applicant meets the statutory requirements to become an operator of a body shop.

      2.  The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers and body shops.

      3.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall display the license number prominently in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on [December 31 of the year for which it is issued.] April 30 of each year.

      6.  A licensee may renew his license by submitting to the department:

      (a) A completed application for renewal upon a form supplied by the department; and

      (b) The fee for renewal of a license provided in subsection 2.

      Sec. 8.  NRS 487.650 is hereby amended to read as follows:

      487.650  1.  The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:

      [1.] (a) Failure of the applicant or licensee to have or maintain an established place of business in this state.

      [2.] (b) Conviction of the operator of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.


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ê1997 Statutes of Nevada, Page 149 (Chapter 76, AB 134)ê

 

      [3.] (c) Any material misstatement in the application for the license.

      [4.] (d) Willful failure of the applicant or operator to comply with the motor vehicle laws of this state, NRS 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590, inclusive.

      [5.] (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.

      (f) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.

      2.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      Sec. 9.  1.  Notwithstanding the provisions of NRS 487.070, 487.430 and 487.630, as amended by sections 3, 5 and 7, respectively, of this act, a license issued or renewed pursuant to NRS 487.070, 487.430 or 487.630, for the period ending on December 31, 1997, expires on December 31, 1997.

      2.  If an applicant for the renewal of such a license has complied with the requirements for the renewal of the license and the department is satisfied that the applicant is entitled thereto, the department shall:

      (a) Renew the license of the applicant for a period that, notwithstanding the provisions of NRS 487.070, 487.430 and 487.630, as amended by sections 3, 5 and 7, respectively, of this act, expires on April 30, 1999; and

      (b) Collect a fee for the renewal of the license that is equal to the fee prescribed in NRS 487.080, 487.450 or 487.630, as appropriate, for the renewal of the license prorated for the period from January 1, 1998, to April 30, 1998, inclusive, plus the full statutory fee for the renewal of the license for the period from May 1, 1998, to April 30, 1999, inclusive.

      3.  An applicant for a new license to be issued pursuant to NRS 487.070, 487.430 or 487.630 to become effective on or after January 1, 1998, but before May 1, 1998, must file his application with the department on or before April 30, 1998. If the applicant has complied with the requirements for the issuance of the license and the department is satisfied that the applicant is entitled thereto, the department shall:

      (a) Issue to the applicant a license that, notwithstanding the provisions of NRS 487.070, 487.430 and 487.630, as amended by sections 3, 5 and 7, respectively, of this act, expires on April 30, 1999; and

      (b) Collect a fee for the issuance of the license that is equal to the fee prescribed in NRS 487.080, 487.450 or 487.630, as appropriate, for the issuance of the license prorated for the period from January 1, 1998, or the date on which the license is issued, whichever is later, to April 30, 1998, inclusive, plus the full statutory fee for the issuance of the license for the period from May 1, 1998, to April 30, 1999, inclusive.


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ê1997 Statutes of Nevada, Page 150 (Chapter 76, AB 134)ê

 

date on which the license is issued, whichever is later, to April 30, 1998, inclusive, plus the full statutory fee for the issuance of the license for the period from May 1, 1998, to April 30, 1999, inclusive.

________

 

CHAPTER 77, AB 159

Assembly Bill No. 159–Committee on Judiciary

CHAPTER 77

AN ACT relating to extradition; providing for the payment of the expense of returning a prisoner to another state under certain circumstances; requiring the transmittal of a waiver of extradition to the attorney general instead of the governor; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  NRS 179.225 is hereby amended to read as follows:

      179.225  1.  If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the office of the attorney general for that purpose, upon approval by the state board of examiners. After the appropriation is exhausted the expenses must be paid from the reserve for statutory contingency account upon approval by the state board of examiners. In all other cases they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are:

      (a) If the prisoner is returned to this state from another state, the fees paid to the officers of the state on whose governor the requisition is made; [or]

      (b) If the prisoner is returned to this state from a foreign country or jurisdiction, the fees paid to the officers and agents of this state or the United States [,] ; or

      (c) If the prisoner is temporarily returned for prosecution to this state from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the sending state upon completion of the prosecution, the fees paid to the officers and agents of this state,

and the necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning the prisoner.

      2.  If a person is returned to this state pursuant to this chapter or chapter 178 of NRS and is convicted of, or pleads guilty, guilty but mentally ill or no contest to the criminal charge for which he was returned or a lesser criminal charge, the court shall conduct an investigation of the financial status of the person to determine his ability to make restitution. In conducting the investigation, the court shall determine if the person is able to pay any existing obligations for:

      (a) Child support;

      (b) Restitution to victims of crimes; and

      (c) Any administrative assessment required to be paid pursuant to NRS 62.223, 176.059 and 176.062.


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ê1997 Statutes of Nevada, Page 151 (Chapter 77, AB 159)ê

 

      3.  If the court determines that the person is financially able to pay the obligations described in subsection 2, it shall, in addition to any other sentence it may impose, order the person to make restitution for the expenses incurred by the attorney general or other governmental entity in returning him to this state. The court shall not order the person to make restitution if payment of restitution will prevent him from paying any existing obligations described in subsection 2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of the completion of his sentence.

      4.  The attorney general may adopt regulations to carry out the provisions of this section.

      Sec. 2.  NRS 179.229 is hereby amended to read as follows:

      179.229  1.  Except as otherwise provided in subsection 3, [any] a person arrested in this state who is charged with having committed [any] a crime in another state or who is alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in NRS 179.191 and 179.193 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of [any] a court of record within this state a writing which states that he consents to return to the demanding state. Before [such a] the waiver is executed or subscribed , the judge shall inform the person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in NRS 179.197.

      2.  An executed waiver must be forwarded [forthwith] immediately to the office of the [governor] attorney general of this state and filed therein. The judge shall remand the person to custody without bail, unless otherwise stipulated by the district attorney with the concurrence of the other state, and shall direct the officer having the person in custody to deliver him [forthwith] immediately to an accredited agent of the demanding state, and shall deliver or cause to be delivered to the agent a copy of the waiver.

      3.  A law enforcement agency which has custody of a person in this state who is alleged to have broken the terms of his probation, parole, bail or other release shall, after the resolution of all criminal charges filed in this state against that person, immediately deliver that person to the accredited agent of the demanding state without a warrant issued pursuant to NRS 179.191 and 179.193 if:

      (a) The person has signed a waiver of extradition as a condition of his probation, parole, bail or other release in the demanding state; and

      (b) The law enforcement agency has received:

             (1) An authenticated copy of the waiver of extradition signed by the person; and

             (2) A photograph and copy of the fingerprints of the person [which] that identify him as the person who signed the waiver.

      4.  This section does not limit:

      (a) The right of the accused person to return voluntarily and without formality to the demanding state;


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ê1997 Statutes of Nevada, Page 152 (Chapter 77, AB 159)ê

 

      (b) The powers, rights or duties of the officers of the demanding state or of this state; or

      (c) [Any other] Other procedures concerning the waiver of extradition.

________

 

CHAPTER 78, AB 231

Assembly Bill No. 231–Committee on Ways and Means

CHAPTER 78

AN ACT making a supplemental appropriation from the state highway fund to the Hearings Office of the Department of Motor Vehicles and Public Safety for the additional costs of salaries and witness fees; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state highway fund to the Hearings Office of the Department of Motor Vehicles and Public Safety the sum of $7,767 for the additional costs of salaries and witness fees. This appropriation is supplemental to that made by section 28 of chapter 446, Statutes of Nevada 1995, at page 1392.

      Sec. 2.  Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state highway fund as soon as all payments of money committed have been made.

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

________

 


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ê1997 Statutes of Nevada, Page 153ê

 

CHAPTER 79, AB 241

Assembly Bill No. 241–Assemblymen Buckley, Goldwater, Ohrenschall, Anderson, Manendo, Collins, Carpenter, Perkins, Sandoval, Segerblom, Gustavson, Koivisto, Nolan, Berman, Herrera, Cegavske, Mortenson, Price, Krenzer, Evans, Chowning, Lee, Braunlin, Parks, Lambert, Bache, Arberry, Giunchigliani, Close, Amodei, Von Tobel, Marvel, Neighbors, de Braga, Williams, Tiffany and Hickey

CHAPTER 79

AN ACT relating to traffic laws; making the prior conviction of a person for driving under the influence of alcohol or a controlled substance in any jurisdiction a factor in determining eligibility for participation in certain programs for the treatment of alcoholism and drug abuse; prohibiting certain persons from applying to the court to undergo such programs of treatment; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  NRS 484.3794 is hereby amended to read as follows:

      484.3794  1.  [A] Except as otherwise provided in subsection 2, a person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time [until] before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:

      (a) He is classified as an alcoholic or abuser of drugs by a:

             (1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or

             (2) Physician certified to make that classification by the board of medical examiners;

      (b) He agrees to pay the costs of the treatment; and

      (c) He has served or will serve a term of imprisonment in jail of:

             (1) One day, or has performed or will perform 48 hours of work for the community, if it is his first offense within 7 years; or

             (2) Five days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community, if it is his second offense within 7 years.

      2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

      (a) A violation of NRS 484.3795;

      (b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      3.  For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.


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ê1997 Statutes of Nevada, Page 154 (Chapter 79, AB 241)ê

 

      4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.

      [3.] 5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.

      [4.  In granting]

      6.  If the court determines that an application for treatment [,] should be granted, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.

      [5.] 7.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment not provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

      [6.] 8.  The court shall notify the department, on a form approved by the department, upon granting the offender’s application for treatment and his failure to be accepted for or complete treatment.

      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of local government that are related to the provisions of this act.

      Sec. 3.  This act becomes effective at 12:01 a.m. on October 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 155ê

 

CHAPTER 80, AB 328

Assembly Bill No. 328–Committee on Commerce

CHAPTER 80

AN ACT relating to the state board of professional engineers and land surveyors; requiring certain governmental entities to notify the board concerning registered professional engineers and land surveyors who submit certain incomplete or rejected plans; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  NRS 625.150 is hereby amended to read as follows:

      625.150  1.  The board shall deposit in banks and savings and loan associations in the State of Nevada all money collected by it.

      2.  Except as otherwise provided in subsection 6, all money collected by the board must be used to meet the expenses of examinations, the expenses of issuance of certificates and the expenses of conducting the office of the board.

      3.  The expenses, including the per diem allowances and travel expenses of the members and employees of the board while engaged in the business of the board and the expenses of conducting examinations, must be paid from the current receipts. No portion thereof may be paid from the state treasury.

      4.  Any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof.

      5.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5 and the board deposits the money collected from the imposition of fines 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.

      7.  The board shall consider and take appropriate action concerning a written notification received by the board pursuant to section 2 or 3 of this act.

      Sec. 2.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      A city or county building department shall notify the state board of professional engineers and land surveyors in writing if a registered professional engineer or land surveyor:

      1.  Submits plans that are substantially incomplete; or

      2.  Submits plans for the same project that are rejected by the department at least three times.


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ê1997 Statutes of Nevada, Page 156 (Chapter 80, AB 328)ê

 

      Sec. 3.  Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      A public body shall notify the state board of professional engineers and land surveyors in writing if a registered professional engineer or land surveyor:

      1.  Submits plans that are substantially incomplete; or

      2.  Submits plans for the same public work that are rejected by the public body at least three times.

________

 

CHAPTER 81, AB 261

Assembly Bill No. 261–Committee on Ways and Means

CHAPTER 81

AN ACT relating to state financial administration; making an appropriation to repair and maintain vehicles used to fight fires; authorizing certain related budgetary augmentations; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $283,676 for the repair and maintenance of vehicles used by the division and volunteer fire departments for fighting fires.

      2.  Any remaining balance of the appropriation made by subsection 1 of this act must not be committed for expenditure after August 1, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 2.  Notwithstanding the provisions of section 5 of chapter 447 of Statutes of Nevada 1995, at page 1413, the division of forestry is hereby authorized to augment the amounts authorized in section 1 of chapter 447 of Statutes of Nevada 1995, at page 1408, and subsequent augmentations approved by the interim finance committee to receive during fiscal year 1996-97 up to $350,000 of reimbursements from the use of the division’s vehicles and those of volunteer fire departments in fighting fires and responding to other emergencies and to expend those funds during fiscal year 1996-97 for the repair and maintenance of vehicles used by the division and volunteer fire departments for fighting fires. The portion of the appropriation made by section 1 of this act used to repair and maintain vehicles must be decreased to the extent that revenue received from reimbursements pursuant to this section of the act is available.

      Sec. 3.  In addition to amounts authorized for expenditure in section 1 of chapter 447, Statutes of Nevada 1995, at page 1408, and subsequent augmentations approved by the interim finance committee, the forestry intergovernmental agreement program is hereby authorized to receive during fiscal year 1996-97 up to $268,000 of reimbursements for the use of the program’s vehicles in fighting fires and responding to other emergencies and to expend that money during fiscal year 1996-97 to repair and maintain vehicles used for fire fighting by fire protection districts organized pursuant to chapter 473 of NRS.


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ê1997 Statutes of Nevada, Page 157 (Chapter 81, AB 261)ê

 

emergencies and to expend that money during fiscal year 1996-97 to repair and maintain vehicles used for fire fighting by fire protection districts organized pursuant to chapter 473 of NRS.

      Sec. 4.  The division of forestry shall report to the interim finance committee on or before September 30, 1997, on the use of the funds appropriated and authorized by this act and the amount of money reverted to the state general fund.

      Sec. 5.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 82, SB 90

Senate Bill No. 90–Committee on Commerce and Labor

CHAPTER 82

AN ACT relating to deceptive trade practices; creating a revolving account for the consumer affairs division of the department of business and industry for certain expenses related to the undercover investigation of a person who is allegedly engaging in a deceptive trade practice; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created a revolving account for the consumer affairs division of the department of business and industry in the sum of $7,500, which must be used for the payment of expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice.

      2.  The commissioner shall deposit the money in the revolving account in a bank qualified to receive deposits of public funds as provided by law and the deposit must be secured by a depository bond satisfactory to the state board of examiners.

      3.  The commissioner or his designee may:

      (a) Sign all checks drawn upon the revolving account; and

      (b) Make withdrawals of cash from the revolving account.

      4.  Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the consumer affairs division for the expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice. The claim for reimbursement must be processed and paid as other claims against the state are paid.

      5.  The commissioner shall:

      (a) Approve any disbursement from the revolving account; and

      (b) Maintain records of any such disbursement.


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ê1997 Statutes of Nevada, Page 158 (Chapter 82, SB 90)ê

 

      Sec. 2.  NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 83, SB 153

Senate Bill No. 153–Committee on Commerce and Labor

CHAPTER 83

AN ACT relating to the identification of goods, services and organizations; establishing criteria for specimens that accompany an application for the registration of a mark; authorizing the amendment, renewal, assignment and cancellation of a designation of laundered supplies; revising the contents of an application for the registration of a mark; revising the manner in which the name and insignia of an organization may be registered; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  Chapter 600 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of the document into the English language.

      Sec. 3.  1.  A specimen accompanying an application for the registration of a mark must meet the following criteria:

      (a) The specimen must agree with the mark as described in the application, must agree with the mark as used, and evidence use of the mark.

      (b) If the specimen is a drawing, it must be a substantially exact representation of the mark as actually used.

      (c) The specimen must fit on a page of paper not larger than 8 1/2 inches by 11 inches.

      (d) A specimen may be a facsimile or photograph of the mark.

      (e) The specimen must be suitable for reproduction, retention and retrieval.

      2.  After registration, an applicant may not change the specimen if the change constitutes a material alteration of the mark.

      Sec. 4.  NRS 600.140 is hereby amended to read as follows:

      600.140  [Any] A person engaged in the business of supplying clean laundered garments, towels, table linen or other articles which are the property of the supplier, in a regular service, periodically exchanging clean articles for soiled for a fixed compensation, may adopt and use a name or other mark or device woven, impressed or produced thereon as an indicium of ownership, and may register and subsequently amend, renew, assign or cancel the name, mark or device by filing it in the manner provided in NRS 600.240 to 600.400, inclusive, and section 3 of this act, and publishing it under the provisions [provided in NRS 600.130 to 600.230, inclusive.]


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ê1997 Statutes of Nevada, Page 159 (Chapter 83, SB 153)ê

 

cancel the name, mark or device by filing it in the manner provided in NRS 600.240 to 600.400, inclusive, and section 3 of this act, and publishing it under the provisions [provided in NRS 600.130 to 600.230, inclusive.] of NRS 600.150.

      Sec. 5.  NRS 600.150 is hereby amended to read as follows:

      600.150  In addition to the filing required by NRS 600.140, in order to register a name, mark or device under NRS 600.130 to 600.230, inclusive, the supplier shall : [do all of the following:]

      1.  File in the office of the [secretary of state and also in the office of the] county clerk of the county in which the principal place of business of the supplier is located, or if [such] his place of business is located outside of the state then in the office of the county clerk of any county of the state, a description of the names, marks or devices so used [.] ; and

      2.  Cause the description of the name, mark or device to be printed once a week for 3 successive weeks in a newspaper published in the county in which the description has been filed.

      Sec. 6.  NRS 600.160 is hereby amended to read as follows:

      600.160  The registrant shall pay [to the secretary of state for filing each laundry supply designation described and for issuing a certificate of filing a fee of $5, and] to the county clerk a fee of $1 for each [such] laundry supply designation described and filed.

      Sec. 7.  NRS 600.240 is hereby amended to read as follows:

      600.240  As used in NRS 600.240 to 600.450, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 600.250 to 600.320, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 600.340 is hereby amended to read as follows:

      600.340  1.  A person who [adopts and uses] has adopted and is using a mark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:

      (a) Whether the mark to be registered is a trade-mark, trade name or service mark;

      (b) A description of the mark by name, words displayed in it, or other information;

      (c) The name and business address of the person applying for the registration and, if it is a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation [;

      (b)] or organization;

      (d) The specific goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the secretary of state which includes those goods or services;

      [(c)] (e) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business [; and

      (d)] which must precede the filing of the application; and


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ê1997 Statutes of Nevada, Page 160 (Chapter 83, SB 153)ê

 

      (f) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.

      2.  The application must:

      (a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.

      (b) Be accompanied by a specimen or facsimile of the mark in triplicate and by a filing fee of $50 payable to the secretary of state.

      3.  If the application fails to comply with this section or section 3 of this act, the secretary of state shall return it for correction.

      Sec. 9.  NRS 600.350 is hereby amended to read as follows:

      600.350  1.  Upon compliance by the applicant with the requirements of NRS 600.330 and 600.340, the secretary of state shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the secretary of state and the seal of the state, and it must designate [the] :

      (a) The name and business address and, if a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation [,] or organization of the person claiming ownership of the mark [, the] ;

      (b) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state [, the] ;

      (c) The class of goods or services to which the mark applies [, a] ;

      (d) A description of the goods or services on which the mark is used [, a] ;

      (e) A reproduction of the mark [, the] ;

      (f) The registration date ; and [the]

      (g) The term of the registration.

If a date of first use contained in the application is indefinite, the certificate of registration must designate the latest definite date that can be inferred from the words used. If a month and year are given without specifying the day, the date is presumed to be the last day of the month. If only a year is given, the date is presumed to be the last day of the year.

      2.  The certificate of registration or a copy of the certificate certified by the secretary of state is admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceedings in any court of this state, and raises a disputable presumption that the person to whom the certificate was issued is the owner of the mark in this state as applied to the goods or services described in the certificate.

      Sec. 10.  NRS 600.355 is hereby amended to read as follows:

      600.355  1.  If any statement in an application for registration of a mark was incorrect when made or any arrangements or other facts described in the application have changed, making the application inaccurate in any respect [,] without materially altering the mark, the registrant shall promptly file in the office of the secretary of state a certificate, signed [and acknowledged] by the registrant or his successor or by a member of the firm or an officer of the corporation or association to which the mark is registered, correcting the statement.


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ê1997 Statutes of Nevada, Page 161 (Chapter 83, SB 153)ê

 

      2.  Upon the filing of a certificate of amendment or judicial decree of amendment and the payment of a filing fee of $30, the secretary of state shall issue, in accordance with NRS 600.350, an amended certificate of registration for the remainder of the period of the registration.

      Sec. 11.  NRS 601.050 is hereby amended to read as follows:

      601.050  [Any]

      1.  An association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans’ organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the constitution and laws of the United States or this state, may register , alter, assign or cancel in the office of the secretary of state a facsimile, duplicate or description of its name, badge, motto, button, decoration, charm, emblem, rosette or other [insignia, and may, by reregistration, alter or cancel the same.] insigne, as if it were a mark, in the manner provided in NRS 600.240 to 600.400, inclusive.

      2.  The provisions of this section for alteration, assignment or cancellation apply also to any insigne described in subsection 1 which was registered before October 1, 1997.

      Sec. 12.  NRS 601.110 is hereby amended to read as follows:

      601.110  Any person who [shall willfully wear, exhibit, display, print or use] willfully wears, exhibits, displays, prints or uses for any purpose the badge, motto, button, decoration, charm, emblem, rosette or other [insignia] insigne of any association or organization mentioned in NRS 601.050 [to 601.100, inclusive,] and duly registered , [under those sections of NRS,] unless he [shall be] is entitled to use and wear [the same] it under the constitution, bylaws, rules and regulations of [such association and] the association or organization , shall be punished by a fine not exceeding $500.

      Sec. 13.  NRS 601.060, 601.070, 601.090, 601.100 and 601.105 are hereby repealed.

________

 

CHAPTER 84, SB 125

Senate Bill No. 125–Committee on Commerce and Labor

CHAPTER 84

AN ACT relating to direct sellers; clarifying the scope of their exemption from mandatory provisions regarding unemployment compensation; exempting certain direct sellers from mandatory provisions regarding industrial insurance; and providing other matters properly relating thereto.

 

[Approved May 15, 1997]

 

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

 

      Section 1.  NRS 612.144 is hereby amended to read as follows:

      612.144  1.  “Employment” does not include services performed by a person who [meets all of the following requirements:


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

ê1997 Statutes of Nevada, Page 162 (Chapter 84, SB 125)ê

 

      1.] :

      (a) Directly sells or solicits the sale of products, in person or by telephone:

      [(a)] (1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the administrator by regulation, if the products are to be resold to another person in his home or place other than a retail store; or

      [(b)] (2) To another person from his home or place other than a retail store [.

      2.] ;

      (b) Receives compensation or remuneration based on his sales or the services he performs for customers rather than for the number of hours [worked.

      3.] that he works; and

      (c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.

      2.  As used in this section, “product” means a tangible good or an intangible service, or both.

      Sec. 2.  NRS 616A.110 is hereby amended to read as follows:

      616A.110  “Employee” excludes:

      1.  Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.

      2.  Any person engaged as a theatrical or stage performer or in an exhibition.

      3.  Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.

      4.  Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in chapters 616A to 616D, inclusive, of NRS.

      5.  Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging, or use of the ski tow or lift facilities.

      6.  Any clergyman, rabbi or lay reader in the service of a church, or any person occupying a similar position with respect to any other religion.

      7.  Any real estate broker, broker-salesman or salesman licensed pursuant to chapter 645 of NRS.

      8.  Any person who:

      (a) Directly sells or solicits the sale of products, in person or by telephone:

             (1)On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the administrator by regulation, if the products are to be resold to another person in his home or place other than a retail store; or

             (2)To another person from his home or place other than a retail store;

      (b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that he works; and


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

ê1997 Statutes of Nevada, Page 163 (Chapter 84, SB 125)ê

 

      (c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.

      Sec. 3.  NRS 617.080 is hereby amended to read as follows:

      617.080  “Employee” excludes:

      1.  Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.

      2.  Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.

      3.  Any person engaged as a theatrical or stage performer or in an exhibition.

      4.  Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.

      5.  Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging or use of the ski tow or lift facilities.

      6.  Any person who:

      (a) Directly sells or solicits the sale of products, in person or by telephone:

             (1)On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the administrator of the division of industrial relations of the department of business and industry by regulation, if the products are to be resold to another person in his home or place other than a retail store; or

             (2)To another person from his home or place other than a retail store;

      (b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that he works; and

      (c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.

      Sec. 4.  The amendatory provisions of section 1 of this act are intended to clarify the original intent of the legislature when it adopted section 1 of chapter 259, Statutes of Nevada 1983, at page 600, now codified as NRS 612.144.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 164ê

 

CHAPTER 85, AB 201

Assembly Bill No. 201–Committee on Government Affairs

CHAPTER 85

AN ACT relating to municipal securities; authorizing the state treasurer to make certain loans to a water authority organized as a political subdivision created by cooperative agreement; increasing the aggregate principal amount in which state securities may be issued to acquire municipal securities; and providing other matters properly relating thereto.

 

[Approved May 19, 1997]

 

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

 

      Section 1.  Chapter 350A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before state securities may be issued pursuant to this chapter for the purpose of acquiring bonds which are issued by a water authority organized as a political subdivision created by cooperative agreement:

      (a) The water authority must obtain approval for the bonds from the debt management commission of each county in which any member of the water authority that is obligated to make payments on the bonds of the water authority is located; and

      (b) The members of the water authority must contract with the water authority to make payments from the revenues of the members’ water systems that, in the aggregate, are fully sufficient to pay those bonds as they become due. If the water revenues of any such member are insufficient to pay that member’s share of the amount due on the bonds, the member shall pay the deficiency out of money available for that purpose in the general fund of the member. If the money in the general fund of the member is insufficient to pay fully any such deficiency promptly, the member shall levy a general ad valorem tax on all taxable property within the member’s boundaries at a rate necessary to produce revenue in an amount sufficient to pay that member’s share of the payments due on the bonds.

      2.  Notwithstanding the provisions of paragraph (a) of subsection 1, the obligations of the members of the water authority to the water authority and the State of Nevada as a result of the acquisition of bonds of the water authority pursuant to this chapter do not constitute indebtedness of the members within the meaning of any constitutional, charter or statutory limitation or other provisions restricting the incurrence of any debt.

      3.  A property tax levied pursuant to this section:

      (a) Shall be considered to have been levied for the payment of bonded indebtedness for the purposes of NRS 361.463.

      (b) Is exempt from the limitations on property taxes contained in chapter 354 of NRS.

      Sec. 2.  NRS 350A.070 is hereby amended to read as follows:

      350A.070  “Municipal securities” means notes, warrants, interim debentures, bonds and temporary bonds validly issued as obligations for a purpose related to natural resources which are payable:


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ê1997 Statutes of Nevada, Page 165 (Chapter 85, AB 201)ê

 

      1.  From taxes whether or not additionally secured by any municipal revenues available therefor; [or]

      2.  For bonds issued by an irrigation district, from assessments against real property [.] ; or

      3.  For bonds issued by a water authority organized as a political subdivision created by cooperative agreement, from revenues of the water system of the water authority or one or more of the water purveyors who are members of the water authority or any combination thereof.

      Sec. 3.  NRS 350A.080 is hereby amended to read as follows:

      350A.080  “Municipality” means county, city, town, water authority organized as a political subdivision created by cooperative agreement, school district, general improvement district or other district, including an irrigation district.

      Sec. 4.  NRS 350A.150 is hereby amended to read as follows:

      350A.150  1.  The board may, at the request of the state treasurer, to pay the cost of any lending project, borrow money or otherwise become obligated, and may provide evidence of those obligations by issuing state securities.

      2.  State securities issued to acquire municipal securities may be outstanding pursuant to this chapter in an aggregate principal amount of not more than [$600,000,000.] $1.8 billion.

      3.  State securities issued to:

      (a) Acquire municipal securities must be payable from taxes and may be additionally secured by all or any designated revenues from one or more lending projects.

      (b) Acquire revenue securities must be payable from all or any designated revenues from one or more lending projects and from allocable local revenues payable to a municipality.

Any such state securities may be issued without an election or other preliminaries. No state securities may be issued to refund any municipal securities issued before May 29, 1981.

      4.  No state securities may be issued to acquire revenue securities unless:

      (a) The state treasurer presents to the state board of finance findings which indicate that the revenues and taxes pledged to the payment of the revenue securities are sufficient to repay the state securities; and

      (b) The state board of finance approves the findings.

      5.  Provisions of the State Securities Law which are not inconsistent with the provisions of this chapter apply to the issuance of state securities pursuant to this chapter.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 166ê

 

CHAPTER 86, AB 300

Assembly Bill No. 300–Assemblyman Sandoval

CHAPTER 86

AN ACT relating to real estate licenses; authorizing the issuance of real estate broker’s, broker-salesman’s and salesman’s licenses to limited-liability companies and their agents; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 21, 1997]

 

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

 

      Section 1.  NRS 645.230 is hereby amended to read as follows:

      645.230  1.  It is unlawful for any person, limited-liability company, partnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as, a real estate broker, real estate broker-salesman or real estate salesman within the State of Nevada without first obtaining the appropriate license from the real estate division as provided for in this chapter.

      2.  The real estate division may prefer a complaint for violation of this section before any court of competent jurisdiction [;] and the real estate division may assist in presenting the law or facts upon any trial for a violation of this section.

      3.  The district attorney of each county shall prosecute all violations of this section in their respective counties in which violations occur, unless prosecuted by the attorney general. Upon the request of the administrator , the attorney general shall prosecute any violation of this section in lieu of the district attorney.

      Sec. 2.  NRS 645.260 is hereby amended to read as follows:

      645.260  Any person, limited-liability company, partnership, association or corporation who, for another, in consideration of compensation by fee, commission, salary or otherwise, or with the intention or expectation of receiving compensation, does, offers or attempts or agrees to do, engages in, or offers or attempts or agrees to engage in, either directly or indirectly, any single act or transaction contained in the definition of a real estate broker in NRS 645.030, whether the act is an incidental part of a transaction, or the entire transaction, is acting in the capacity of a real estate broker or real estate salesman within the meaning of this chapter.

      Sec. 3.  NRS 645.270 is hereby amended to read as follows:

      645.270  [No] A person, limited-liability company, partnership, association or corporation engaged in the business or acting in the capacity of a real estate broker or a real estate salesman within this state [shall bring] may not commence or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in NRS 645.030 without alleging and proving that the person, limited-liability company, partnership, association or corporation was a licensed real estate broker or real estate salesman at the time the alleged cause of action arose.


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ê1997 Statutes of Nevada, Page 167 (Chapter 86, AB 300)ê

 

      Sec. 4.  NRS 645.350 is hereby amended to read as follows:

      645.350  1.  Application for license as a real estate broker, broker-salesman or salesman must be made in writing to the division upon blanks prepared or furnished by the division.

      2.  Every application for a real estate broker’s, broker-salesman’s or salesman’s license must set forth the following information:

      (a) The name, age and address of the applicant. If the applicant is a partnership or an association which is [doing] applying to do business as a real estate broker, the application must contain the name and address of each member thereof. If the application is for a corporation which is [doing] applying to do business as a real estate salesman, real estate broker-salesman or real estate broker, the application must contain the name and address of each officer and director thereof. If the applicant is a limited-liability company which is applying to do business as a real estate broker, the company’s articles of organization must designate a manager, and the name and address of the manager and each member must be listed in the application.

      (b) In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicant’s company, firm, partnership or association. Except as otherwise provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.

      (c) In the case of a broker, the place or places, including the street number, [the] city and county , where the business is to be conducted.

      (d) The business or occupation engaged in by the applicant for at least 2 years immediately preceding the date of the application, and the location thereof.

      (e) The time and place of the applicant’s previous experience in the real estate business as a broker or salesman.

      (f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony, and if so, the nature of the felony.

      (g) Whether the applicant has been convicted of or entered a plea of nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in the business of selling real estate without a license or any crime involving moral turpitude.

      (h) Whether the applicant has been refused a real estate broker’s, broker-salesman’s or salesman’s license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state, district or territory of the United States or any other country.

      (i) If the applicant is a member of a limited-liability company, partnership or association, or an officer of a corporation, the name and address of the office of the limited-liability company, partnership, association or corporation of which the applicant is a member or officer.


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

ê1997 Statutes of Nevada, Page 168 (Chapter 86, AB 300)ê

 

      3.  An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicant’s activities as a licensee.

      4.  If a limited-liability company, partnership or association is to do business as a real estate broker, the application for a broker’s license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.

      Sec. 5.  NRS 645.370 is hereby amended to read as follows:

      645.370  1.  [Every] Each limited-liability company doing business as a real estate broker must designate its manager, each partnership doing business as a real estate broker must designate one of its members, and [every] each corporation doing business as a real estate broker must designate one of its officers, to submit an application for a broker’s license.

      2.  Upon such manager’s, member’s or officer’s successfully passing the examination, and upon compliance with all other requirements of law by the limited-liability company, partnership or corporation, as well as by the designated manager, member or officer, the division shall issue a broker’s license to the manager, member or officer on behalf of the limited-liability company, corporation or partnership, and thereupon the manager, member or officer so designated is entitled to perform all the acts of a real estate broker contemplated by this chapter; except:

      (a) That the license entitles the manager, member or officer so designated to act as a real estate broker only as officer or agent of the limited-liability company, partnership or corporation, and not on his own behalf, except as otherwise provided in NRS 645.385; and

      (b) That if in any case the person so designated is refused a license by the real estate division, or in case he ceases to be connected with the limited-liability company, partnership or corporation, the limited-liability company, partnership or corporation may designate another person who [shall make application] must apply and qualify as in the first instance.

      Sec. 6.  NRS 645.380 is hereby amended to read as follows:

      645.380  Each member or officer of a limited-liability company, partnership or corporation who will perform or engage in any of the acts specified in NRS 645.030, other than the manager, member or officer designated for such purpose by the limited-liability company, partnership or corporation in the manner provided in NRS 645.370, [shall make application] must apply for and take out a separate broker’s license in his own name individually. The license issued to any such member or officer of a limited-liability company, partnership or corporation entitles the member or officer to act as a real estate broker only as an officer or agent of the limited-liability company, partnership or corporation and not on his own behalf [.] except as otherwise provided in NRS 645.385.

      Sec. 7.  NRS 645.385 is hereby amended to read as follows:

      645.385  The division may waive the requirements of NRS 645.370 and 645.380 by adopting regulations authorizing real estate brokers to act on their own behalf as well as on the behalf of a limited-liability company, corporation or partnership.


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ê1997 Statutes of Nevada, Page 169 (Chapter 86, AB 300)ê

 

      Sec. 8.  NRS 645.387 is hereby amended to read as follows:

      645.387  1.  Any natural person who [:

      (a) Meets] meets the qualifications of a real estate broker-salesman or salesman [; and

      (b)] and:

      (a) Except as otherwise provided in subsection 2, is the sole shareholder of a corporation organized [under] pursuant to the provisions of chapter 89 of NRS ; or

      (b) Is the manager of a limited-liability company organized pursuant to the provisions of chapter 86 of NRS,

may be licensed on behalf of the corporation or limited-liability company for the purpose of associating with a licensed real estate broker in the capacity of a broker-salesman or salesman.

      2.  The spouse of the owner of the corporation who has a community interest in any shares of the corporation shall not be deemed a second shareholder of the corporation for the purposes of paragraph [(b)] (a) of subsection 1, if the spouse does not vote any of those shares.

      3.  A license issued [under] pursuant to this section entitles only the sole shareholder of the corporation or the manager of the limited-liability company to act as a broker-salesman or salesman, and only as an officer or agent of the corporation or limited-liability company and not on his own behalf. The licensee [may] shall not do or deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030, except as that activity is permitted [under] pursuant to this chapter to licensed broker-salesmen and salesmen.

      4.  The corporation or limited-liability company shall, within 30 days after a license is issued on its behalf pursuant to this section and within 30 days after any change in its ownership, file an affidavit with the division stating :

      (a) For a corporation, the number of issued and outstanding shares of the corporation and the names of all persons to whom the shares have been issued.

      (b) For a limited-liability company, the names of members who have an interest in the company.

      5.  A license issued [under] pursuant to this section automatically expires upon:

      (a) The death of the licensed shareholder [.] in the corporation or the manager of the limited-liability company.

      (b) The issuance of shares in the corporation to more than one person other than the spouse.

      6.  Nothing in this section alters any of the rights, duties or liabilities which otherwise arise in the legal relationship between a real estate broker, broker-salesman or salesman and a person who deals with him.

      Sec. 9.  NRS 645.590 is hereby amended to read as follows:

      645.590  If any real estate broker licensed [under] pursuant to the provisions of this chapter as a manager of a limited-liability company, member of a partnership, or as an officer of a corporation, discontinues his connections with the limited-liability company, partnership or corporation, and thereafter desires to act as an individual real estate broker, or become associated with any other limited-liability company, partnership or corporation, the broker must file an application and pay a transfer fee of $20 for a new license as an individual broker , as the manager of the new limited-liability company, or as a member of the new partnership or association, or as an officer of the new corporation.


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

ê1997 Statutes of Nevada, Page 170 (Chapter 86, AB 300)ê

 

associated with any other limited-liability company, partnership or corporation, the broker must file an application and pay a transfer fee of $20 for a new license as an individual broker , as the manager of the new limited-liability company, or as a member of the new partnership or association, or as an officer of the new corporation. The payment of such a fee does not extend or otherwise alter the original license period.

      Sec. 10.  NRS 645.670 is hereby amended to read as follows:

      645.670  In the event of the revocation or suspension of the license issued to [any] a manager of a limited-liability company, a member of a partnership or to any officer of a corporation, the limited-liability company, partnership or corporation [may] shall not conduct business unless the manager or member whose license has been revoked is severed and his interest in the limited-liability company or partnership and his share in its activities brought to an end, or if a corporation, the offending officer is discharged and has no further participation in its activities. The discharged or withdrawing manager, member or officer of such a limited-liability company, partnership or corporation may reassume his connection with, or be reengaged by the limited-liability company, partnership or corporation , upon termination of the suspension or upon reinstatement of his license.

      Sec. 11.  NRS 645.844 is hereby amended to read as follows:

      645.844  1.  Except as otherwise provided in subsection 2, when any person obtains a final judgment in any court of competent jurisdiction against any licensee or licensees [under] pursuant to this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required [under] pursuant to this chapter, that person, upon termination of all proceedings, including appeals in connection with any judgment, may file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of the unpaid actual damages included in the judgment, but not more than $10,000 per judgment. The liability of the fund does not exceed $20,000 for any person licensed pursuant to this chapter, whether he is licensed as a limited-liability company, partnership, association or corporation or as a natural person, or both. The petition must state the grounds which entitle the person to recover from the fund.

      2.  A person who is licensed pursuant to this chapter may not recover from the fund for damages which are related to a transaction in which he acted in his capacity as a licensee.

      3.  A copy of the:

      (a) Petition;

      (b) Judgment;

      (c) Complaint upon which the judgment was entered; and

      (d) Writ of execution which was returned unsatisfied,

must be served upon the administrator and the judgment debtor and affidavits of service must be filed with the court.

      4.  Upon the hearing on the petition, the petitioner must show that:

      (a) He is not the spouse of the debtor, or the personal representative of that spouse.

      (b) He has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.


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

ê1997 Statutes of Nevada, Page 171 (Chapter 86, AB 300)ê

 

      (c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof, the amount owing thereon at the date of the petition, and that the action in which the judgment was obtained was based on fraud, misrepresentation or deceit of the licensee in a transaction for which a license is required pursuant to this chapter.

      (d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of assets was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.

      (e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment, and after reasonable efforts that no property or assets could be found or levied upon in satisfaction of the judgment.

      (f) He has made reasonable efforts to recover damages from each and every judgment debtor.

      (g) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

      5.  The provisions of this section do not apply to owner-developers.

      Sec. 12.  NRS 645.850 is hereby amended to read as follows:

      645.850  1.  A person who:

      (a) Obtains or attempts to obtain a license [under] pursuant to this chapter by means of intentional misrepresentation, deceit or fraud; or

      (b) Sells or attempts to sell in this state any interest in real property by means of intentional misrepresentation, deceit or fraud,

is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Any licensee or owner-developer who commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more than $5,000 for each offense.

      3.  A person who violates any other provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a limited-liability company, partnership, association or corporation, shall be punished by a fine of not more than $2,500.

      4.  Any officer or agent of a corporation, or member or agent of a limited-liability company, partnership or association, who personally participates in or is an accessory to any violation of this chapter by the limited-liability company, partnership, association or corporation, is subject to the penalties prescribed in this section for natural persons.

      5.  Nothing in this section releases a person from civil liability or criminal prosecution [under] pursuant to the general laws of this state.

      6.  The administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction [,] and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.


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ê1997 Statutes of Nevada, Page 172 (Chapter 86, AB 300)ê

 

      7.  Any court of competent jurisdiction may try any violation of this chapter, and upon conviction the court may revoke or suspend the license of the person so convicted, in addition to imposing the other penalties provided in this section.

      8.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the administrator.

      Sec. 13.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 

CHAPTER 87, AB 32

Assembly Bill No. 32–Assemblymen Dini and Marvel

CHAPTER 87

AN ACT relating to motor vehicles; providing for the issuance of special license plates indicating affiliation with the Grand Lodge of Free and Accepted Masons of the State of Nevada; providing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.

 

[Approved May 21, 1997]

 

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.  Except as otherwise provided in this section, the department, in cooperation with the Grand Lodge of Free and Accepted Masons of the State of Nevada, shall design, prepare and issue license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The department shall issue license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons for a passenger car or a light commercial vehicle upon application by a 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 license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons.

      3.  An application for the issuance or renewal of license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons is void unless it has been stamped or otherwise validated by the Grand Lodge of Free and Accepted Masons. The Grand Lodge of Free and Accepted Masons may charge a fee for validating an application.


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

ê1997 Statutes of Nevada, Page 173 (Chapter 87, AB 32)ê

 

      4.  The fee payable to the department for license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment to the department of $20 in addition to all other applicable registration and license fees and motor vehicle privilege taxes.

      5.  If, during a registration year, the holder of license 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 that 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.

      6.  For the purposes of this section, “Grand Lodge of Free and Accepted Masons” means the Grand Lodge of Free and Accepted Masons of the State of Nevada, or its successor, and any recognized sister jurisdiction or organization of the Grand Lodge of Free and Accepted Masons.

      Sec. 2.  NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications he receives to the department within the period prescribed by the department;

      (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, and section 1 of this act, or to claim the exemption from the vehicle privilege tax provided pursuant to NRS 361.1565 to veterans and their relations.


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ê1997 Statutes of Nevada, Page 174 (Chapter 87, AB 32)ê

 

      4.  The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.

      Sec. 3.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in NRS 482.3747, 482.3775, 482.379 [, 482.3791, 482.3792, 482.3793,] to 482.3794 , inclusive, section 1 of Senate Bill No. 9 of this session and section 1 of this act, or NRS 482.384, [or 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.

      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 in NRS 482.379, all letters and numbers must be of the same size.

      Sec. 4.  NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , 


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

ê1997 Statutes of Nevada, Page 175 (Chapter 87, AB 32)ê

 

plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.], and section 1 of this act. The director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the state treasury for credit to the motor vehicle fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 5.  NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration.......................................................................      $5.00

For every substitute number plate or set of plates.....................................        5.00

For every duplicate number plate or set of plates.......................................      10.00

For every decal displaying a county name..................................................          .50

For every other decal (license plate sticker or tab).....................................        5.00

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

      3.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

      4.  As used in this section:

      (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

      (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates.


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

ê1997 Statutes of Nevada, Page 176 (Chapter 87, AB 32)ê

 

plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

      Sec. 6.  The amendatory provisions of this act expire by limitation on October 1, 2001, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 1 of this act.

      Sec. 7.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 88, SB 51

Senate Bill No. 51–Committee on Human Resources and Facilities

CHAPTER 88

AN ACT relating to postsecondary education; revising the definition of “accredited” for the purposes of accreditation of postsecondary educational institutions; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  NRS 394.006 is hereby amended to read as follows:

      394.006  A postsecondary educational institution is “accredited” if it has met the standards required by an accrediting body recognized by the United States Department of Education . [or by the Council on Postsecondary Accreditation.]

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

________

 

CHAPTER 89, SB 54

Senate Bill No. 54–Committee on Human Resources and Facilities

CHAPTER 89

AN ACT relating to postsecondary educational institutions; revising the requirements for an unaccredited postsecondary educational institution to award degrees; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  NRS 394.630 is hereby amended to read as follows:

      394.630  [No] A person, firm, association, partnership or corporation [may] shall not award, bestow, confer, give, grant, convey or sell to [any other] another person a degree or honorary degree upon which is inscribed, in any language, the word “associate,” “bachelor,” “baccalaureate,” “master,” “doctor” or “fellow,” or any abbreviation thereof, unless it is a school, academy, institute, community college, junior college, college, university or other educational organization or entity located in the State of Nevada or operating from a place of business in this state that offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in [any] a field of endeavor beyond the secondary school level, and:

 


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

ê1997 Statutes of Nevada, Page 177 (Chapter 89, SB 54)ê

 

Nevada or operating from a place of business in this state that offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in [any] a field of endeavor beyond the secondary school level, and:

      1.  Is accredited; or

      2.  Has filed and kept current with appropriate amendments, in the office of the administrator, an affidavit by [the] each president of [the institution] two separate accredited colleges or universities stating that the majority of the course credits offered by the unaccredited institution are generally acceptable or transferable to [at least one college or university that is accredited.] the accredited college or university for which each president represents.

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

________

 

CHAPTER 90, SB 68

Senate Bill No. 68–Senator Porter

CHAPTER 90

AN ACT relating to crimes against property; increasing the fee collected by the office of the district attorney which is charged to certain persons who draw or pass a check or draft without sufficient cover; expanding the authorized uses of those fees; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  NRS 205.471 is hereby amended to read as follows:

      205.471  1.  The district attorney, the designated representative of the program for restitution or a private entity under contract with the district attorney, may collect a fee from any person who draws or passes a check or draft in violation of a provision of this chapter, if the office of the district attorney collects and processes the check or draft.

      2.  The amount of the fee must not exceed:

      (a) Twenty-five dollars if the face amount of the check or draft does not exceed $100;

      (b) Fifty dollars if the face amount of the check or draft is greater than $100 but does not exceed $300; [or]

      (c) Seventy-five dollars if the face amount of the check or draft is greater than $300 [.] but does not exceed $1,000;

      (d) One hundred and fifty dollars if the face amount of the check or draft is greater than $1,000 but does not exceed $2,500;

      (e) Five hundred dollars if the face amount of the check or draft is greater than $2,500 but does not exceed $10,000; or

      (f) Ten percent of the face amount of the check or draft if the face amount of the check or draft is greater than $10,000.

      3.  Money collected pursuant to this section must be deposited in the county treasury in an account to be administered by the district attorney.


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

ê1997 Statutes of Nevada, Page 178 (Chapter 90, SB 68)ê

 

The district attorney may use the money in the account [may only be used to carry] only to:

      (a) Carry out the purposes of NRS 205.466 to 205.472, inclusive [.] ;

      (b) Defray the cost of:

             (1) A program of instruction in managing a checking account and developing a budget; or

             (2) Any other program of education or instruction designed to prevent the drawing or passing of a check or draft in violation of the provisions of this chapter; and

      (c) Assist a victim of a crime. As used in this paragraph, “victim” has the meaning ascribed to it in NRS 176.015.

________

 

CHAPTER 91, SB 98

Senate Bill No. 98–Committee on Judiciary

CHAPTER 91

AN ACT relating to domestic relations; revising the definition of “commissioner township” for the purposes of certain provisions governing marriage; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  NRS 122.171 is hereby amended to read as follows:

      122.171  As used in this chapter, “commissioner township” means a township [in which, at the close of registration for the last preceding general election, there were 7,500 or more registered voters, and which is in a county that had, at the close of registration for that election, 50,000 or more registered voters.] whose population is 15,500 or more, as most recently certified by the governor pursuant to NRS 360.285, and which is located in a county whose population is 100,000 or more.

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

________

 


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

ê1997 Statutes of Nevada, Page 179ê

 

CHAPTER 92, SB 176

Senate Bill No. 176–Committee on Finance

CHAPTER 92

AN ACT making a supplemental appropriation to the Department of Human Resources for the additional costs of the care of patients in the Southern Nevada Adult Mental Health Services Program and at the Nevada Mental Health Institute; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $442,347 for the additional costs of the care of patients in the Southern Nevada Adult Mental Health Services Program and at the Nevada Mental Health Institute. This appropriation is supplemental to the appropriations made to the Southern Nevada Adult Mental Health Services Program and the Nevada Mental Health Institute by section 20 of chapter 446, Statutes of Nevada 1995, at page 1389.

      Sec. 2.  Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 93, SB 178

Senate Bill No. 178–Committee on Finance

CHAPTER 93

AN ACT making a supplemental appropriation to the Division of Child and Family Services of the Department of Human Resources for the cost of transporting a youth in the custody of this state; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of Child and Family Services of the Department of Human Resources the sum of $892 for the cost of transporting a youth in the custody of this state. This appropriation is supplemental to that made by section 20 of chapter 446, Statutes of Nevada 1995, at page 1388.

      Sec. 2.  Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1997 Statutes of Nevada, Page 180 (Chapter 93, SB 178)ê

 

1997, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 94, SB 202

Senate Bill No. 202–Committee on Finance

CHAPTER 94

AN ACT making a supplemental appropriation to the Health Division of the Department of Human Resources for the Nevada State Laboratory; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Health Division of the Department of Human Resources the sum of $50,000 for the Nevada State Laboratory. This appropriation is supplemental to that made by section 20 of chapter 446, Statutes of Nevada 1995, at page 1388.

      Sec. 2.  Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 95, SB 232

Senate Bill No. 232–Committee on Taxation

CHAPTER 95

AN ACT relating to taxation; clarifying the provisions governing the administration of the exemption from sales and use taxes for the sale of tangible personal property to be shipped outside this state; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of NRS 372.335, the department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of state to include the sale of a vehicle to a nonresident to whom a special movement permit has been issued by the department of motor vehicles and public safety pursuant to subsection 1 of NRS 482.3955.


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

ê1997 Statutes of Nevada, Page 181 (Chapter 95, SB 232)ê

 

      Sec. 2.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of NRS 374.340, the department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of state to include the sale of a vehicle to a nonresident to whom a special movement permit has been issued by the department of motor vehicles and public safety pursuant to subsection 1 of NRS 482.3955.

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

________

 

CHAPTER 96, SB 249

Senate Bill No. 249–Senator Adler

CHAPTER 96

AN ACT relating to Carson City; authorizing the board of supervisors of Carson City to adopt master plans relating to the growth and development of the city; authorizing the board of supervisors to suspend, cancel or revoke any business license for just cause; providing that the justices of the peace of Carson City are ex officio judges of the municipal court; providing that the municipal court consists of at least two departments; authorizing the board of supervisors to establish a third department of the municipal court; eliminating the position of police judge; and providing other matters properly relating thereto.

 

[Approved May 22, 1997]

 

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

 

      Section 1.  Section 2.220 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 299, is hereby amended to read as follows:

       Sec. 2.220  Power of board: Zoning and planning.

       1.  The board may:

       (a) Divide Carson City into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within [such] those districts.

       (b) Adopt master plans for Carson City which will serve as a pattern and guide for the kind of orderly physical growth and development of the city that will minimize impairment of the city’s natural resources.

       (c) Establish and adopt ordinances and regulations relating to the subdivision of land.

       2.  The board shall carry out the provisions of subsection 1 in the manner prescribed by [chapter] chapters 278 and 278A of NRS.

      Sec. 2.  Section 2.260 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 300, is hereby amended to read as follows:

       Sec. 2.260  Power of board: Licensing, regulation and prohibition of trades, professions and businesses.

       1.  The board may fix, impose and collect a license tax for revenue upon, or regulate:


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

ê1997 Statutes of Nevada, Page 182 (Chapter 96, SB 249)ê

 

       (a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City [; but] , except that no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his profession or required to pay a license tax except for revenue.

       (b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.

       (c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.

       2.  The board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.

       3.  The board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

       4.  The board may, for just cause, suspend, cancel or revoke any business license.

      Sec. 3.  Section 4.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 477, is hereby amended to read as follows:

       Sec. 4.030  Municipal court: Judges.

       1.  The [justice] justices of the peace of Carson City [is] are ex officio [a judge] judges of the municipal court of Carson City [.] which consists of at least two departments.

       2.  The board of supervisors may by ordinance establish a [second] third department of the municipal court. The judge of this department must be:

       (a) A resident of Carson City for a continuous 6-month period immediately preceding his election.

       (b) A qualified elector.

       3.  If a third department of the municipal court is established, the municipal judge elected for that department serves for a term of 6 years.

       4.  The board may appoint a municipal judge for a part-time or temporary position. The board shall establish the hours of service for this position.

       [4.] 5.  The salary of the judges of the municipal court must be fixed by the board and be paid in the same manner as provided for other elected officers.

      Sec. 4.  Section 5.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:

       Sec. 5.010  Primary election.

       1.  A primary election must be held on the date fixed by the Nevada election laws, at which time there must be nominated candidates for offices to be voted for at the next general election.

       2.  A candidate for any office to be voted for at any primary election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.


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

ê1997 Statutes of Nevada, Page 183 (Chapter 96, SB 249)ê

 

       3.  A candidate for mayor, supervisor, [police] municipal judge or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.

       4.  All candidates for the office of mayor and supervisor , and candidates for the office of [police] municipal judge if a [second] third department of the municipal court has been established , must be voted upon by the registered voters of Carson City at large.

       5.  If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election.

       6.  If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate his name alone must be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.

      Sec. 5.  Section 5.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:

       Sec. 5.020  General election.

       1.  A general election must be held in Carson City on the [1st] first Tuesday after the [1st] first Monday in November 1970, and on the same day every 2 years thereafter, at which time there must be elected such officers, the offices of which are required next to be filled by election.

       2.  All candidates for the office of mayor and supervisor, and all candidates for the office of [police] municipal judge if a [second] third department of the municipal court has been established , must be voted upon by the registered voters of Carson City at large. [The members of the board, including the mayor, and the police judge shall serve for terms of 4 years.]

      Sec. 6.  If the board of supervisors of Carson City establishes a third department of the municipal court, it may:

      1.  Cause the third department to be established immediately after the next following municipal election and provide for the nomination of candidates and the election of the municipal judge at that election; or

      2.  Appoint a municipal judge to serve until a municipal judge is elected at the next municipal election.

________

 


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

ê1997 Statutes of Nevada, Page 184ê

 

CHAPTER 97, AB 122

Assembly Bill No. 122–Committee on Government Affairs

CHAPTER 97

AN ACT relating to administrative procedure; requiring an agency periodically to review its regulations and report the results to the legislature; requiring an agency to conduct a workshop before holding a public hearing on a proposed regulation; directing the attorney general to develop guidelines for drafting regulations; and providing other matters properly relating thereto.

 

[Approved May 28, 1997]

 

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

 

      Section 1.  NRS 233B.050 is hereby amended to read as follows:

      233B.050  1.  In addition to other regulation-making requirements imposed by law, each agency shall:

      (a) Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency.

      (b) Make available for public inspection all rules of practice and regulations adopted or used by the agency in the discharge of its functions and that part of the Nevada Administrative Code which contains its regulations.

      (c) Make available for public inspection all final orders, decisions and opinions except those expressly made confidential or privileged by statute.

      (d) Review its rules of practice at least once every 3 years and file with the secretary of state a statement setting forth the date on which the most recent review of those rules was completed and describing any revisions made as a result of the review.

      (e) Review its regulations at least once every 10 years to determine whether it should amend or repeal any of the regulations. Within 30 days after completion of the review, the agency shall submit a report to the director of the legislative counsel bureau for distribution to the next regular session of the legislature. The report must include the date on which the agency completed its review of the regulations and describe any regulation that must be amended or repealed as a result of the review. The director of the legislative counsel bureau shall provide a copy of the report to the legislative counsel for the purposes of subsection 2 of NRS 233B.065.

      2.  [No agency] A regulation, rule, final order or decision of an agency is not valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection as required in this section, except that this provision does not apply in favor of any person or party who has actual knowledge thereof.

      Sec. 2.  NRS 233B.0603 is hereby amended to read as follows:

      233B.0603  1.  The notice of intent to act upon a regulation must:

      (a) Include [a statement of:

             (1) The] :

             (1) A statement of the need for and purpose of the proposed regulation.


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

ê1997 Statutes of Nevada, Page 185 (Chapter 97, AB 122)ê

 

             (2) Either the terms or substance of the proposed regulation or a description of the subjects and issues involved.

             (3) [The] A statement of the estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:

                   (I) Both adverse and beneficial effects; and

                   (II) Both immediate and long-term effects.

             (4) The estimated cost to the agency for enforcement of the proposed regulation.

             (5) [Any] A description of any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.

             (6) If the regulation is required pursuant to federal law, a citation and description of the federal law.

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

             (8) The time when, the place where, and the manner in which, interested persons may present their views regarding the proposed regulation.

      (b) State each address at which the text of the proposed regulation may be inspected and copied.

      (c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.

      (d) Include a statement indicating whether the regulation establishes any new fee or increases an existing fee.

      (e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for that purpose.

      2.  The attorney general may by regulation prescribe the form of notice to be used, which must be distributed to each recipient of the agency’s regulations. The agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.

      Sec. 3.  NRS 233B.061 is hereby amended to read as follows:

      233B.061  1.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.

      2.  Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for the workshop:

      (a) In writing to each person who has requested to be placed on a mailing list; and

      (b) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.


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

ê1997 Statutes of Nevada, Page 186 (Chapter 97, AB 122)ê

 

regulation which addresses the general topics to be considered at the workshop.

      3.  With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      [2.] 4.  The agency shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to subsection [1] 3 in the manner provided in subsections 1 and 2 of NRS 241.035.

      [3.] 5.  The agency may record each public hearing held pursuant to subsection [1] 3 and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.

      Sec. 4.  NRS 233B.062 is hereby amended to read as follows:

      233B.062  1.  It is the policy of this state that every [agency] regulation of an agency be made easily accessible to the public and expressed in clear and concise language. To assist in carrying out this policy [, every] :

      (a) The attorney general shall develop guidelines for drafting regulations; and

      (b) Every permanent regulation [shall] must be incorporated, excluding any forms used by the agency, any publication adopted by reference, the title, citation of authority, signature and other formal parts, in the Nevada Administrative Code, and every emergency or temporary regulation [shall] must be distributed in the same manner as the Nevada Administrative Code.

      2.  The legislative commission may authorize inclusion in the Nevada Administrative Code of the regulations of an agency otherwise exempted from the requirements of this chapter.

      Sec. 5.  NRS 233B.065 is hereby amended to read as follows:

      233B.065  1.  The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.

      2.  The legislative counsel shall cause to be included in the Nevada Administrative Code the date on which an agency last completed a review of its regulations pursuant to paragraph (e) of subsection 1 of NRS 233B.050.

      3.  The legislative counsel shall prepare or cause the superintendent of the state printing division of the department of administration to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:

      (a) By the secretary of state as the master copy;

      (b) By the state librarian for public use;

      (c) By the attorney general for his use and that of the executive department; and

      (d) By the legislative counsel for his use and that of the legislature.


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

ê1997 Statutes of Nevada, Page 187 (Chapter 97, AB 122)ê

 

The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.

      [3.] 4.  The legislative counsel shall, without charge, provide:

      (a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and

      (b) To each legislator who has so acquired the code, the replacement or supplementary pages which are issued during his term of office.

      [4.] 5.  Each agency shall reimburse the legislative counsel bureau and the state printing division of the department of administration for their respective costs in preparing and keeping current that agency’s portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.

________

 

CHAPTER 98, SB 77

Senate Bill No. 77–Committee on Judiciary

CHAPTER 98

AN ACT relating to juries; increasing the minimum age required to be exempt from service as a grand or trial juror; providing that a person who is the age of 65 years or over and who lives 65 miles or more from the court may be exempt from service as a grand juror or trial juror; and providing other matters properly relating thereto.

 

[Approved May 28, 1997]

 

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

 

      Section 1.  NRS 6.020 is hereby amended to read as follows:

      6.020  1.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others except as otherwise provided in subsection 2 [,] or 3, are exempt from service as grand or trial jurors:

      (a) Any federal or state officer.

      (b) Any judge, justice of the peace or attorney at law.

      (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.

      (d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.

      (e) Any officer or correctional officer employed by the department of prisons.

      (f) Any employee of the legislature or the legislative counsel bureau while the legislature is in session.

      (g) Any physician, optometrist or dentist who is licensed to practice in this state.

      2.  All persons of the age of [65] 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of [65] 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.


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

ê1997 Statutes of Nevada, Page 188 (Chapter 98, SB 77)ê

 

years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

      3.  A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

________

 

CHAPTER 99, SB 81

Senate Bill No. 81–Committee on Judiciary

CHAPTER 99

AN ACT relating to grand jury proceedings; making various changes concerning notice that must be given to a person whose indictment is being considered by a grand jury; and providing other matters properly relating thereto.

 

[Approved May 28, 1997]

 

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

 

      Section 1.  NRS 172.241 is hereby amended to read as follows:

      172.241  1.  A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return, but who has not been subpoenaed to appear before the grand jury, may testify before the grand jury if he requests to do so and executes a valid waiver in writing of his constitutional privilege against self-incrimination.

      2.  A district attorney or a peace officer shall [give] serve reasonable notice [to] upon a person whose indictment is being considered by a grand jury unless the court determines that adequate cause exists to withhold notice. The notice is adequate if it:

      (a) Is given to the person, his attorney of record or an attorney who claims to represent the person and gives the person not less than 5 judicial days to submit his request to testify to the district attorney; and

      (b) Advises the person that he may testify before the grand jury only if he submits a written request to the district attorney and includes an address where the district attorney may send a notice of the date, time and place of the scheduled proceeding of the grand jury.

      3.  The district attorney may apply to the court for a determination that adequate cause exists to withhold notice if he:

      (a) Determines that the notice may result in the flight of the person whose indictment is being considered, on the basis of:

             (1) A previous failure of the person to appear in matters arising out of the subject matter of the proposed indictment;

             (2) The fact that the person is a fugitive from justice arising from charges in another jurisdiction;

             (3) Outstanding local warrants pending against the person; or

             (4) Any other objective factor;


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

ê1997 Statutes of Nevada, Page 189 (Chapter 99, SB 81)ê

 

      (b) Determines that the notice may endanger the life or property of other persons; or

      (c) Is unable, after reasonable diligence, to notify the person.

      4.  If a district attorney applies to the court for a determination that adequate cause exists to withhold notice, the court shall hold a closed hearing on the matter. Upon a finding of adequate cause, the court may order that no notice be given.

________

 

CHAPTER 100, SB 87

Senate Bill No. 87–Committee on Commerce and Labor

CHAPTER 100

AN ACT relating to mobile home parks; requiring the landlord of a mobile home park to notify the manufactured housing division of the department of business and industry of certain changes in his personal information or that of his manager or assistant manager; and providing other matters properly relating thereto.

 

[Approved May 28, 1997]

 

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

 

      Section 1.  NRS 118B.085 is hereby amended to read as follows:

      118B.085  1.  A landlord shall notify the division, in writing, of his correct name, address and telephone number. If the landlord has employed a manager or assistant manager, or both, he shall also notify the division , in writing, of the name , address and telephone number of [the] any such manager and assistant manager of his park. After the initial notification, the landlord shall also send [such a] notice of the information required pursuant to this subsection within 45 days after:

      (a) Buying the park . [;]

      (b) Opening the park for occupancy . [; or]

      (c) Changing managers or assistant managers.

      (d) Changing his name, address or telephone number.

      2.  Upon receiving the notice required by subsection 1, the administrator shall send the landlord, manager and [the] assistant manager , as applicable, the text of the provisions of this chapter and a form upon which the landlord, manager and assistant manager , as applicable, shall acknowledge that [they have] each has received those provisions and [have] has read them. The landlord, manager and [the] assistant manager , as applicable, shall return the acknowledged form to the administrator within 10 days after receiving it.

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

________

 


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

ê1997 Statutes of Nevada, Page 190ê

 

CHAPTER 101, SB 95

Senate Bill No. 95–Committee on Commerce and Labor

CHAPTER 101

AN ACT relating to the reporting of sales; revising the provisions governing the reporting of sales by dealers and rebuilders of manufactured homes, mobile homes and commercial coaches; and providing other matters properly relating thereto.

 

[Approved May 28, 1997]

 

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

 

      Section 1.  NRS 489.501 is hereby amended to read as follows:

      489.501  1.  When a new manufactured home, mobile home or commercial coach is sold in this state by a dealer, he shall complete a dealer’s report of sale. The dealer’s report of sale must be in a form prescribed by the division and include a description of the manufactured home, mobile home or commercial coach, the name and address of the seller and the name and address of the buyer. If in connection with the sale a security interest is taken or retained by the seller or dealer 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 manufactured home, mobile home or commercial coach, the name and address of the secured party or his assignee must be entered on the dealer’s report of sale.

      2.  The [seller] dealer shall submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin to the division within 30 days after the execution of all instruments which the contract of sale required to be executed at the time of sale or within 30 days after the date of sale, whichever is later, unless an extension of time is granted by the division.

      3.  A dealer who sells a new manufactured home, mobile home or commercial coach shall deliver the buyer’s copy of the report of sale to him at the time of sale and submit another copy within 30 days after the date of the sale to the county assessor of the county in which the manufactured home, mobile home or commercial coach will be located.

      Sec. 2.  NRS 489.511 is hereby amended to read as follows:

      489.511  1.  If a used or rebuilt manufactured home, mobile home or commercial coach is sold in this state by a dealer or rebuilder, the [seller] dealer or rebuilder shall complete a dealer’s or rebuilder’s report of sale. The report must be in a form prescribed by the division and include a description of the manufactured home, mobile home or commercial coach, the name and address of the seller and 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 , dealer or rebuilder 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 manufactured home, mobile home or commercial coach, the name and address of the secured party must be entered on the dealer’s or rebuilder’s report of sale.


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

ê1997 Statutes of Nevada, Page 191 (Chapter 101, SB 95)ê

 

      2.  The [seller] dealer or rebuilder shall submit the original of the dealer’s or rebuilder’s report of sale to the division within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of the sale, unless an extension of time is granted by the division, together with the endorsed certificate of title or certificate of ownership previously issued. The [seller] dealer or rebuilder shall furnish one copy of the report of sale to the buyer at the time of the sale. Within 45 days after the sale, the [seller] dealer or rebuilder shall furnish one copy of the report of sale to the assessor of the county in which the manufactured home, mobile home or commercial coach will be located.

      3.  If a used or rebuilt manufactured home, mobile home or commercial coach is sold by a dealer or rebuilder pursuant to an installment contract or other agreement by which the certificate of title or certificate of ownership does not pass immediately from the seller to the buyer upon the sale, the [seller] dealer or rebuilder shall submit to the division any information required by the regulations adopted by the administrator pursuant to NRS 489.272.

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

________

 

CHAPTER 102, AB 110

Assembly Bill No. 110–Assemblymen Giunchigliani, Arberry, Buckley, Bache, Collins, Herrera, Anderson, Ernaut, Koivisto, Parks, Lee, Tiffany, Carpenter, Neighbors, Chowning, Krenzer, Humke, Close, Von Tobel, Amodei, Manendo, Freeman, Lambert, Braunlin, Cegavske, Hettrick, Perkins, Price, Segerblom, Williams, Mortenson, Ohrenschall, Berman, Goldwater, Evans, Hickey, Sandoval, Nolan, Marvel, de Braga and Dini

CHAPTER 102

AN ACT relating to victims of crime; providing that any costs and fees associated with an order for protection against domestic violence must be assessed against the adverse party; providing that a resident of this state who becomes a victim of a crime in another state may apply for compensation for his injuries under certain circumstances; providing that a nonresident who was victimized in this state may be awarded compensation for his injuries under certain circumstances; making various other changes concerning compensation for certain victims of criminal acts; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 33.050 is hereby amended to read as follows:

      33.050  1.  The payment of all costs and official fees must be deferred for any applicant for a temporary or extended order. After any hearing and no later than final disposition of the application or order, the court shall assess the costs and fees against [a party, apportion them between the parties,] the adverse party, except that the court may reduce them or waive them, as justice may require.


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

ê1997 Statutes of Nevada, Page 192 (Chapter 102, AB 110)ê

 

      2.  The clerk of the court shall provide each party, free of cost, with information about the:

      (a) Availability of temporary and extended orders;

      (b) Procedure for filing an application for an order; and

      (c) Right to proceed without legal counsel.

      3.  The clerk of the court or other person designated by the court shall assist any party in completing and filing the application, affidavit and any other paper or pleading necessary to initiate or respond to an application for a temporary or extended order. This assistance does not constitute the practice of law, but the clerk shall not render any advice or service that requires the professional judgment of an attorney.

      Sec. 2.  Chapter 217 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  “Resident” means a person who:

      1.  Is a citizen of the United States or who is lawfully entitled to reside in the United States and;

      2.  During the 6 weeks preceding the date of the crime was:

      (a) Domiciled in this state; and

      (b) Physically present in this state, except for any temporary absence.

      Sec. 4.  A resident who is a victim of a crime that occurred in a state other than the State of Nevada may apply to the board for compensation if:

      1.  The state in which the crime occurred does not have a program for compensating victims of crime for their injuries; or

      2.  The resident is ineligible to receive compensation under the program of the other state.

      Sec. 5.  NRS 217.020 is hereby amended to read as follows:

      217.020  As used in NRS 217.010 to 217.270, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 217.035 is hereby amended to read as follows:

      217.035  “Crime” means [an] :

      1.  An act or omission committed within this state which, if committed by an adult, is forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline [.] ; or

      2.  An act of international terrorism as defined in 18 U.S.C. § 2331(1) against a resident.

      Sec. 7.  NRS 217.070 is hereby amended to read as follows:

      217.070  “Victim” means:

      1.  A person who is physically injured or killed as the direct result of a criminal act;

      2.  A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      3.  A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100; [or]

      4.  A person who is physically injured or killed as the direct result of a violation of NRS 484.379 or any act or neglect of duty punishable pursuant to NRS 484.3795 [.] ; or


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

ê1997 Statutes of Nevada, Page 193 (Chapter 102, AB 110)ê

 

      5.  A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1).

      Sec. 8.  NRS 217.220 is hereby amended to read as follows:

      217.220  1.  Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:

      (a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484.379 or the use of the vehicle was punishable pursuant to NRS 484.3795;

      (b) Was not a [resident of the State of Nevada] citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a [resident] citizen of the United States or was lawfully entitled to reside in the United States at that time;

      (c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries; [or]

      (d) Was not a resident at the time he was victimized, unless he was injured in this state and the board determines that the State of Nevada has a sufficient amount of money to pay for the claim from money received from the Federal Government for the compensation of victims of crime; or

      (e) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

      2.  Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

      3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if [:

      (a) The] the offender would not profit by the compensation of the victim . [; and

      (b) The offender was not in violation of NRS 484.379 or punishable pursuant to NRS 484.3795.]

      4.  The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

      (a) The value of the victim’s dwelling;

      (b) The value of one motor vehicle owned by the victim; or

      (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

      [5.  As used in this section, “resident” means a person who:

      (a) Is a citizen of the United States or who is lawfully entitled to reside in the United States; and

      (b) During the 6 weeks preceding the date of the crime was:

             (1) Domiciled in this state; and

             (2) Physically present in this state, except for any temporary absence.]


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

ê1997 Statutes of Nevada, Page 194 (Chapter 102, AB 110)ê

 

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

      Sec. 10.  This act becomes effective upon passage and approval.

________

 

CHAPTER 103, AB 113

Assembly Bill No. 113–Committee on Labor and Management

CHAPTER 103

AN ACT relating to labor; transferring the duty to enforce claims for wages, commissions or other demands of a person financially unable to employ counsel from district attorneys to the attorney general; making the reporting of such claims by the labor commissioner discretionary rather than mandatory; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 607.050 is hereby amended to read as follows:

      607.050  1.  The labor commissioner shall employ a deputy, who is in the unclassified service of the state.

      2.  If admitted to the practice of law in the State of Nevada, the deputy has all the powers of [the] :

      (a) The district attorneys of the several counties in this state ; and

      (b) The attorney general pursuant to NRS 607.160,

in the prosecution of all claims and actions originating with the labor commissioner by appropriate action in the courts of this state, when the labor commissioner is charged with the enforcement of those laws.

      3.  The deputy shall act under the direction of the labor commissioner, and in the performance of his duties he is responsible to the labor commissioner.

      4.  Except as otherwise provided in NRS 284.143, the deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 2.  NRS 607.065 is hereby amended to read as follows:

      607.065  1.  The labor commissioner may provide for contract services by legal counsel for assistance in administering the labor and industrial relations laws of this state. Any such counsel must be an attorney admitted to practice law in the State of Nevada.

      2.  In the prosecution of all claims and actions referred to him by the labor commissioner, such counsel has the same power as that vested in [the] :

      (a) The district attorneys of the several counties to enforce the labor and industrial relations laws of this state except that such counsel does not have the authority to prosecute for criminal violations of [such laws.] those laws; and

      (b) The attorney general pursuant to NRS 607.160 for prosecution of claims for wages, commissions or other demands.


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

ê1997 Statutes of Nevada, Page 195 (Chapter 103, AB 113)ê

 

      Sec. 3.  NRS 607.160 is hereby amended to read as follows:

      607.160  1.  The labor commissioner shall enforce all labor laws of the State of Nevada the enforcement of which is not specifically and exclusively vested in any other officer, board or commission.

      2.  Whenever after due inquiry the labor commissioner [shall be satisfied that any such law has been violated or] believes that a person financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other [demand, he shall] demands, he may present the facts to the [district attorney of the county in which such violation occurred or wage claim accrued,] attorney general showing:

      (a) The names of the claimant and his alleged debtor.

      (b) A description and the location of the property on which the labor was performed, if the claim is for wages, or which is the office or place of business of the debtor if the claim is for a commission, and the right, title and interest of the debtor therein.

      (c) Other property, if any, owned by the debtor and the probable value thereof.

      (d) The time the claimant began and the time he ceased [such] the labor.

      (e) The number of days’ labor performed by him during the employment and the rate of wages or commission arrangement and terms of [such] the employment.

      (f) The date or dates and the amount, if any, paid on the claim.

      (g) The balance due, owing and unpaid on the claim.

      (h) The date on which a demand for payment was made upon the debtor or his agent or representative , and the response, if any, to [such] that demand.

      (i) The names of the witnesses upon whom the claimant expects to rely to provide [such] facts and to what facts each of [such] the witnesses is expected to testify.

      3.  The [district] attorney general shall prosecute the claim [. Should the district attorney fail, neglect or refuse to begin a prosecution on such claim within 45 days after oral or written demand therefor is made by the labor commissioner, and to prosecute the same diligently to conclusion, he shall be guilty of a misdemeanor, and in addition thereto he shall be removed from office.] if he determines that the claim is valid and enforceable.

      Sec. 4.  NRS 607.220 is hereby amended to read as follows:

      607.220  Upon the complaint of the labor commissioner, the district attorneys of the several counties shall prosecute all criminal violations of law which may be reported to them by the labor commissioner.

      Sec. 5.  NRS 608.180 is hereby amended to read as follows:

      608.180  The labor commissioner or his representative shall cause the provisions of NRS 608.005 to 608.170, inclusive, to be enforced, and upon notice from [him] the labor commissioner or his representative:

      1.  The district attorney of any county in which a violation of those sections has occurred [or the] ;

      2.  The deputy labor commissioner, as provided in NRS 607.050;

      3.  The attorney general, as provided in NRS 607.160; or

      4.  The special counsel, as provided [by] in NRS 607.065,

shall prosecute the action for enforcement according to law.


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

ê1997 Statutes of Nevada, Page 196 (Chapter 103, AB 113)ê

 

      Sec. 6.  NRS 607.200 is hereby repealed.

      Sec. 7.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 104, AB 131

Assembly Bill No. 131–Committee on Transportation

CHAPTER 104

AN ACT relating to motor vehicles; requiring certain sellers to collect the fee for the issuance of a certificate of title under certain circumstances; reducing the period during which a dealer’s report of sale for a new vehicle is valid for purposes of operating the vehicle before a certificate of registration is issued; extending the period during which a special permit issued by the department of motor vehicles and public safety for the operation of a vehicle is valid; limiting the period in which a certificate of ownership must be delivered after the terms of a contract or security agreement have been fully performed; clarifying that certain fees must be paid to the department before it issues a certificate of ownership; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 482.423 is hereby amended to read as follows:

      482.423  1.  When a new vehicle is sold in this state for the first time, 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 description of the vehicle;

      (b) The name and address of the seller; and

      (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.  Unless an extension of time is granted by the department, the seller shall:

      (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state;

      (b) Submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin and remit the fee collected pursuant to this subsection for the certificate of title to the department within 20 days after the execution of the dealer’s report of sale; and

      [(b)] (c) Furnish one copy of the report to the buyer.

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 [20] 10 days. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of [20] 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.


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

ê1997 Statutes of Nevada, Page 197 (Chapter 104, AB 131)ê

 

vehicle or the expiration of [20] 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)] (b) 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 to enable the buyer to operate the vehicle for a period not to exceed [10] 20 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. 2.  NRS 482.4235 is hereby amended to read as follows:

      482.4235  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] 20 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.  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.


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

ê1997 Statutes of Nevada, Page 198 (Chapter 104, AB 131)ê

 

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 description of the vehicle, including whether it is a rebuilt vehicle;

      (b) The name and address of the seller; and

      (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.  Unless an extension of time is granted by the department, the seller shall:

      (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state;

      (b) Submit the original of the dealer’s or rebuilder’s report of sale and remit the fee collected pursuant to this subsection for the certificate of title to the department within 30 days after the execution of 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

      [(b)] (c) 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)] (b) 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.

      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] 20 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, as required by this section.

      Sec. 4.  NRS 482.4245 is hereby amended to read as follows:

      482.4245  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. 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:


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

ê1997 Statutes of Nevada, Page 199 (Chapter 104, AB 131)ê

 

      (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] 20 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. 5.  NRS 482.427 is hereby amended to read as follows:

      482.427  1.  Upon receipt of the documents required respectively by NRS 482.423, 482.424 and 482.426 to be submitted to it, and the payment of all required fees, the department shall issue a certificate of ownership.

      2.  If no security interest is created or exists in connection with the sale, the certificate of ownership [shall] must be issued to the buyer.

      3.  If a security interest is created by the sale, the certificate of ownership [shall] must be issued to the secured party or to his assignee.

      Sec. 6.  NRS 482.431 is hereby amended to read as follows:

      482.431  [When the contract or] Within 15 days after the terms of the contract or security agreement have been fully performed, the seller or other secured party who holds a certificate of ownership shall deliver the certificate of ownership to the person or persons legally entitled thereto, with proper evidence of the termination or release of the security interest.

      Sec. 7.  The amendatory provisions of this act apply only to sales and leases of new and used motor vehicles which occur on or after the effective date of this act.

      Sec. 8.  This act becomes effective on July 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 200ê

 

CHAPTER 105, AB 249

Assembly Bill No. 249–Assemblyman Marvel

CHAPTER 105

AN ACT relating to taxation; providing an exemption from property taxes for property of Pershing County Kids, Horses, Rodeo Inc.; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, all real and personal property of Pershing County Kids, Horses, Rodeo Inc. in the State of Nevada is exempt from taxation.

      2.  If any property exempt from taxation pursuant to subsection 1 is used for any purpose other than carrying out the legitimate functions of Pershing County Kids, Horses, Rodeo Inc., and a rent or other valuable consideration is received for its use, the property must be taxed, unless the rent or other valuable consideration is paid or given by an organization that qualifies as a tax exempt organization pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 2.  NRS 361.155 is hereby amended to read as follows:

      361.155  1.  All claims for personal tax exemptions on real property, the initial claim of an organization for a tax exemption on real property and the designation of any amount to be credited to the veterans’ home account pursuant to NRS 361.0905 must be filed on or before June 15. All exemptions provided for pursuant to this chapter apply on a fiscal year basis and any exemption granted pursuant to this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

      2.  Each claim for an exemption provided for pursuant to this chapter must be filed with the county assessor of:

      (a) The county in which the claimant resides for personal tax exemptions; or

      (b) Each county in which property is located for the tax exemption of an organization.

      3.  After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, and section 1 of this act, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.

      4.  If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection 3, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years must be added.


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ê1997 Statutes of Nevada, Page 201 (Chapter 105, AB 249)ê

 

subsection 3, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years must be added.

      Sec. 3.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 106, AB 258

Assembly Bill No. 258–Assemblymen Dini and Perkins

CHAPTER 106

AN ACT relating to interior design; revising provisions relating to persons who practice as registered interior designers; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 623.024 is hereby amended to read as follows:

      623.024  “Practice [of interior design”] as a registered interior designer” means the rendering , by a person registered pursuant to subsection 2 of NRS 623.180, of services to enhance the quality and function of an interior area of a structure designed for human habitation or occupancy. The term includes:

      1.  An analysis of:

      (a) A client’s needs and goals for an interior area of a structure designed for human habitation or occupancy; and

      (b) The requirements for safety relating to that area;

      2.  The formulation of preliminary designs for an interior area designed for human habitation or occupancy that are appropriate, functional and esthetic;

      3.  The development and presentation of final designs that are appropriate for the alteration or construction of an interior area of a structure designed for human habitation or occupancy;

      4.  The preparation of contract documents for the alteration or construction of an interior area of a structure designed for human habitation or occupancy, including specifications for partitions, materials, finishes, furniture, fixtures and equipment;

      5.  The collaboration in the completion of a project for the alteration or construction of an interior area of a structure designed for human habitation or occupancy with professional engineers or architects who are registered pursuant to the provisions of Title 54 of NRS;

      6.  The preparation and administration of bids or contracts as the agent of a client; and

      7.  The review and evaluation of problems relating to the design of a project for the alteration or construction of an area designed for human habitation or occupancy during the alteration or construction and upon completion of the alteration or construction.


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ê1997 Statutes of Nevada, Page 202 (Chapter 106, AB 258)ê

 

      Sec. 3.  NRS 623.026 is hereby amended to read as follows:

      623.026  “Registered interior designer” means [any] a person who [engages in the practice of interior design] provides some or all of the services set forth in NRS 623.024 and holds a certificate of registration issued by the board [.] pursuant to subsection 2 of NRS 623.180.

      Sec. 4.  NRS 623.050 is hereby amended to read as follows:

      623.050  1.  The state board of architecture, interior design and residential design, consisting of nine members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.

      (b) One member who is a registered residential designer.

      (c) Two members who are registered interior designers and who are not registered architects or residential designers.

      (d) One member who is a representative of the general public.

      3.  Members of the board must have been residents of [the] this state for not less than 2 years preceding their appointment.

      4.  The governor may, upon bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.

      5.  The member who is a residential designer shall not participate in the investigation or acceptance of his application or in the grading or certification of his examination.

      6.  The members who are registered interior designers shall not participate in the investigation or acceptance of their applications or in the grading or certification of their examinations.

      Sec. 5.  NRS 623.180 is hereby amended to read as follows:

      623.180  1.  No person may practice:

      (a) Architecture or use the title of architect;

      (b) Residential design or use the title of residential designer; or

      (c) [Interior design] As a registered interior designer or use the title of registered interior designer,

in this state without having a certificate of registration issued to him pursuant to the provisions of this chapter.

      2.  Whenever the requirements for registration pursuant to the provisions of this chapter have been fully complied with and fulfilled by an applicant, the board shall issue to the successful applicant a certificate as a registered architect, registered interior designer or residential designer. If the certificate will be issued after the beginning of a biennium, the applicant shall pay the full fee which is prescribed.

      3.  The certificate is synonymous with registration with a serial number and seal. [Any] A person who is issued a certificate may practice architecture [, interior design] or residential design or may practice as a registered interior designer in this state, subject to the provisions of this chapter and the regulations of the board.


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ê1997 Statutes of Nevada, Page 203 (Chapter 106, AB 258)ê

 

      4.  The unauthorized use or display of a certificate of registration is unlawful.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 623.192 is hereby amended to read as follows:

      623.192  1.  An applicant for a certificate of registration to practice [interior design] as a registered interior designer must be of good moral character and submit to the board:

      (a) An application on a form provided by the board;

      (b) The fees required pursuant to NRS 623.310;

      (c) Proof which is satisfactory to the board that he has completed:

             (1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design;

             (2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design;

             (3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design;

             (4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design; or

             (5) At least 6 consecutive years of experience in the practice of interior design; and

      (d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.

      2.  Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.

      3.  The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience and equivalent credits required pursuant to subsection 1 as those standards exist on the date of the adoption of the regulation.

      4.  Any application submitted to the board may be denied for any violation of the provisions of this chapter.

      Sec. 8.  NRS 623.220 is hereby amended to read as follows:

      623.220  1.  The board shall issue a certificate of registration as an architect or a residential designer , upon payment of a registration fee pursuant to NRS 623.310 , to any applicant who complies with the provisions of NRS 623.190 and passes the examinations, or in lieu thereof brings himself within the provisions of NRS 623.210.

      2.  The board shall issue a certificate of registration to practice [interior design] as a registered interior designer upon payment of a registration fee pursuant to NRS 623.310 to any applicant who complies with the provisions of NRS 623.192 and 623.200.

      3.  Certificates of registration must show the full name of the registrant, have a serial number [,] and be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board is evidence that the person named therein is entitled to all the rights and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, unrevoked and unexpired.


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ê1997 Statutes of Nevada, Page 204 (Chapter 106, AB 258)ê

 

registration by the board is evidence that the person named therein is entitled to all the rights and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, unrevoked and unexpired.

      Sec. 9.  NRS 623.230 is hereby amended to read as follows:

      623.230  The secretary of the board shall keep an official register of all certificates of registration to practice [architecture, interior design] :

      1.  Architecture or residential design ; or

      2.  As a registered interior designer,

issued and renewed pursuant to the provisions of this chapter. The register must be properly indexed and open for public inspection and information.

      Sec. 10.  NRS 623.250 is hereby amended to read as follows:

      623.250  1.  Each architect, registered interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter shall, before or during the month of December of each year preceding a biennium during which he desires to continue [the] :

      (a) The practice of architecture [, interior design] or residential design [,] ; or

      (b) To practice as a registered interior designer,

submit a renewal fee pursuant to the provisions of this chapter and proof of compliance with all of the requirements established by the board for continuing education for the renewal of the certificate.

      2.  Upon receipt of the renewal fee and proof satisfactory to the board of compliance with all of the requirements established by the board for continuing education, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration is renewed for the term of a biennium. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the secretary of the board or the executive director and must bear the seal of the board.

      3.  The renewal must be recorded, together with its serial number, by the secretary of the board in the official register of the board pursuant to NRS 623.230.

      Sec. 11.  NRS 623.270 is hereby amended to read as follows:

      623.270  1.  The board may place the holder of any certificate of registration issued pursuant to this chapter on probation, reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, if proof satisfactory to the board is presented that:

      (a) The certificate was obtained by fraud or concealment of a material fact.

      (b) The holder of the certificate has been found guilty by the board or by a court of justice of any fraud, deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

      (c) The holder of the certificate has been found guilty by the board of incompetency, negligence or gross negligence in [the] :

             (1) The practice of architecture [, interior design] or residential design [.] ; or


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ê1997 Statutes of Nevada, Page 205 (Chapter 106, AB 258)ê

 

             (2) His practice as a registered interior designer.

      (d) The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his direct supervision, or has permitted the use of his name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.

      (e) The holder of a certificate has aided or abetted any unauthorized person to practice [architecture, interior design] :

             (1) Architecture or residential design [.] ; or

             (2) As a registered interior designer.

      (f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to [the] :

             (1) The practice of architecture [, interior design] or residential design [.] ; or

             (2) Practice as a registered interior designer.

      (g) The holder of a certificate has failed to comply with an order issued by the board or has failed to cooperate with an investigation conducted by the board.

If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

      2.  The conditions for probation imposed pursuant to subsection 1 may include, but are not limited to:

      (a) Restriction on the scope of professional practice.

      (b) Peer review.

      (c) Required education or counseling.

      (d) Payment of restitution to all parties who suffered harm or loss.

      (e) Payment of all costs of the administrative investigation and prosecution.

      3.  As used in this section:

      (a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.

      (b) “Incompetency” means conduct which, in [the] :

             (1) The practice of architecture [, interior design] or residential design [,] ; or

             (2) Practice as a registered interior designer,

demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

      (c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members [of the professions of architecture, interior design] in:

             (1) The profession of architecture or residential design [.] ; or

             (2) Practice as a registered interior designer.

      Sec. 12.  NRS 623.280 is hereby amended to read as follows:

      623.280  Proceedings for the revocation of a certificate of registration to practice [architecture, interior design] :

      1.  Architecture or residential design ; or


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ê1997 Statutes of Nevada, Page 206 (Chapter 106, AB 258)ê

 

      2.  As a registered interior designer,

must be preceded by a 30-day written notice of the charges filed with the board. The board shall file a written report of its findings in the record of its proceedings and a copy of the report must be sent to the accused.

      Sec. 13.  (Deleted by amendment.)

      Sec. 14.  NRS 623.333 is hereby amended to read as follows:

      623.333  An architect or a residential designer who is registered pursuant to the provisions of this chapter is not required to obtain a certificate of registration to practice [interior design.] as a registered interior designer.

      Sec. 15.  NRS 623.360 is hereby amended to read as follows:

      623.360  1.  It is unlawful for any person to:

      (a) Hold himself out to the public or to solicit business as an architect, registered interior designer or residential designer in this state without having a certificate of registration or temporary certificate issued by the board . [;] This paragraph does not prohibit a person who is exempt, pursuant to NRS 623.330, from the provisions of this chapter from holding himself out to the public or soliciting business as an interior designer.

      (b) Advertise or put out any sign, card or other device which indicates to the public that he is an architect, registered interior designer or residential designer or that he is otherwise qualified to [engage] :

             (1) Engage in the practice of architecture [, interior design] or residential design ; or

             (2) Practice as a registered interior designer,

without having a certificate of registration issued by the board . [;]

      (c) Engage in the practice of architecture [, interior design] or residential design or practice as a registered interior designer without a certificate of registration issued by the board . [; or]

      (d) Violate any other provision of this chapter.

      2.  Any person who violates any of the provisions of subsection 1:

      (a) For the first violation, is guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second or any subsequent violation, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $1,000 nor more than $2,000, and may be further punished by imprisonment in the county jail for not more than 1 year.

      3.  If any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings pursuant to this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the board.

      Sec. 16.  NRS 89.050 is hereby amended to read as follows:

      89.050  1.  Except as otherwise provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.


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ê1997 Statutes of Nevada, Page 207 (Chapter 106, AB 258)ê

 

rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.

      2.  A professional corporation may be organized to render a professional service relating to:

      (a) Architecture, interior design, engineering and landscape architecture, or any combination thereof, and may be composed of persons [engaged in the] :

             (1) Engaged in the practice of architecture [or interior design] as provided in chapter 623 of NRS [, persons engaged in the] ;

             (2) Practicing as a registered interior designer as provided in chapter 623 of NRS;

             (3) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS ; and [persons engaged]

             (4) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.

      (b) Medicine, homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS, persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to medicine, homeopathy and osteopathy.

      3.  A professional corporation may render a professional service only through its officers and employees, all of whom must be authorized to render that professional service.

      Sec. 17.  Section 36 of chapter 512, Statutes of Nevada 1995, at page 1705, is hereby amended to read as follows:

       Sec. 36.  Section 9 of this act is hereby amended to read as follows:

       Sec. 9.  1.  An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the board:

       (a) An application on a form provided by the board;

       (b) The fees required pursuant to NRS 623.310;

       (c) Proof which is satisfactory to the board that he has completed:

             (1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design; or

             (2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design;

             [(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design;


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

ê1997 Statutes of Nevada, Page 208 (Chapter 106, AB 258)ê

 

             (4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design; or

             (5) At least 6 consecutive years of experience in the practice of interior design;] and

       (d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.

       2.  Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.

       3.  The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience and equivalent credits required pursuant to subsection 1 as those standards exist on the date of the adoption of the regulation.

       4.  Any application submitted to the board may be denied for any violation of the provisions of this chapter.

      Sec. 18.  Section 1 of Assembly Bill No. 105 of this session is hereby amended to read as follows:

       Section 1.  The board may, by regulation, require each architect, registered interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter to complete not more than 12 hours of continuing education as a condition to the renewal of his certificate.

________

 

CHAPTER 107, AB 284

Assembly Bill No. 284–Committee on Commerce

CHAPTER 107

AN ACT relating to private investigation; clarifying that a license issued by the private investigator’s licensing board is a revocable privilege; providing immunity from civil liability under certain circumstances for members, employees or agents of the board; requiring the sheriff in certain counties to submit the fingerprints of certain applicants for work cards to certain state and federal agencies to determine the criminal history of the applicants; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The purpose of licensing private investigators, private patrolmen, process servers, repossessors, dog handlers, security consultants, and polygraphic examiners and interns is to protect the public safety and general welfare of the people of this state. Any license issued pursuant to this chapter is a privilege that may be revoked in accordance with disciplinary procedures set forth in this chapter and in regulations adopted by the board pursuant thereto, and no holder of such a license acquires thereby any vested right.


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

ê1997 Statutes of Nevada, Page 209 (Chapter 107, AB 284)ê

 

adopted by the board pursuant thereto, and no holder of such a license acquires thereby any vested right.

      Sec. 3.  A member of the board or an employee or agent of the board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the board pursuant to the provisions of this chapter.

      Sec. 4.  NRS 648.110 is hereby amended to read as follows:

      648.110  1.  Before the board grants any license, the applicant, including each director and officer of a corporate applicant, must:

      (a) Be at least 21 years of age.

      (b) Be a citizen of the United States or lawfully entitled to remain and work in the United States.

      (c) Be of good moral character and temperate habits.

      (d) Have no conviction of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.

      2.  Each applicant, or the qualifying agent of a corporate applicant, must:

      (a) If an applicant for a private investigator’s license, have at least 5 years’ experience as an investigator, or the equivalent thereof, as determined by the board.

      (b) If an applicant for a repossessor’s license, have at least 5 years’ experience as a repossessor, or the equivalent thereof, as determined by the board.

      (c) If an applicant for a private patrolman’s license, have at least 5 years’ experience as a private patrolman, or the equivalent thereof, as determined by the board.

      (d) If an applicant for a process server’s license, have at least 2 years’ experience as a process server, or the equivalent thereof, as determined by the board.

      (e) If an applicant for a dog handler’s license, demonstrate to the satisfaction of the board his ability to handle, supply and train watchdogs.

      (f) If an applicant for a license as an intern, have:

             (1) Received:

                   (I) A baccalaureate degree from an accredited college or university and have at least 1 year’s experience in investigation or polygraphic examination satisfactory to the board;

                   (II) An associate degree from an accredited college or university and have at least 3 years’ experience; or

                   (III) A high school diploma or its equivalent and have at least 5 years’ experience; and

             (2) Satisfactorily completed a basic course of instruction in polygraphic techniques satisfactory to the board.

      (g) If an applicant for a license as a polygraphic examiner:

             (1) Meet the requirements contained in paragraph (f);

             (2) Have actively conducted polygraphic examinations for at least 2 years;

             (3) Have completed successfully at least 250 polygraphic examinations, including at least 100 examinations concerning specific inquiries as distinguished from general examinations for the purpose of screening;


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

ê1997 Statutes of Nevada, Page 210 (Chapter 107, AB 284)ê

 

             (4) Have completed successfully at least 50 polygraphic examinations, including 10 examinations concerning specific inquiries, during the 12 months immediately before the date of his application; and

             (5) Have completed successfully at least 24 hours of advanced polygraphic training acceptable to the board during the 2 years immediately before the date of his application.

      (h) Meet other requirements as determined by the board.

      3.  The board , when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, [shall] may issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the period which ends on July 1 next following [.] the date of issuance.

      4.  For the purposes of this section, 1 year of experience consists of 2,000 hours of experience.

      Sec. 5.  NRS 648.203 is hereby amended to read as follows:

      648.203  1.  Except as otherwise provided in subsection 2, it is unlawful for a person to:

      (a) Allow an employee, including an independent contractor, to perform any work regulated pursuant to the provisions of this chapter unless the employee holds a work card authorizing his work which is issued by the sheriff of the county in which the work is performed. The provisions of this paragraph do not apply to a person licensed pursuant to this chapter.

      (b) Work as a security guard unless he holds a work card authorizing his work as a security guard issued in accordance with applicable ordinances by the sheriff of the county in which the work is performed.

      2.  The provisions of [this section] subsection 1 do not apply in any county whose population is less than 100,000, but this [section] subsection does not prohibit a board of county commissioners from adopting similar restrictions by ordinance.

      3.  The sheriff of any county in which such restrictions apply [may] shall submit the fingerprints of any person applying for such a work card to the central repository for Nevada records of criminal history and to the Federal Bureau of Investigation to determine the applicant’s criminal history.

      Sec. 6.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 


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ê1997 Statutes of Nevada, Page 211ê

 

CHAPTER 108, AB 297

Assembly Bill No. 297–Assemblymen Buckley, Ohrenschall, Collins, Manendo, Perkins, Nolan, Evans, Krenzer, Price, Lambert, Parks, Koivisto, Lee, Chowning, Ernaut, Hettrick, Williams, Berman, de Braga, Neighbors, Marvel, Von Tobel, Humke, Close, Goldwater, Giunchigliani, Arberry, Anderson, Bache, Freeman and Segerblom

CHAPTER 108

AN ACT relating to manufactured housing; imposing liability on certain unlicensed persons who cause damage to mobile homes, manufactured homes and commercial coaches; placing conditions on the withdrawal of money from a dealer’s trust account; clarifying that a contractor’s license does not authorize a contractor to construct or repair such manufactured housing; providing that the construction or repair of manufactured housing by a contractor is a ground for disciplinary action under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 489.291 is hereby amended to read as follows:

      489.291  1.  [Whenever] If the administrator finds a violation of this chapter or of the prohibition in NRS 118B.140 against charging or receiving [any] an entrance or exit fee, or of any regulation adopted pursuant to this chapter, he may issue a notice of violation to the person who he alleges has violated the provision. The notice of violation must set forth the violation which the administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken. If the person is alleged to have violated the prohibition in NRS 118B.140 against charging or receiving [any] an entrance or exit fee, the notice of violation must specify that the fee be repaid in full, and may specify any other corrective action which the administrator deems necessary.

      2.  Any person who fails to take the corrective action required in a notice of violation is guilty of a misdemeanor and the administrator may:

      (a) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance;

      (b) Request that the district attorney of the county in which the violation is alleged to have occurred [to] prosecute the person for the violation; [or]

      (c) If the person is alleged to have violated the prohibition in NRS 118B.140 against charging or receiving [any] an entrance or exit fee, assess a penalty against the person equal to three times the amount of the fee which was charged or received [. The assessment of a penalty pursuant to this paragraph is a contested case.] ; or

      (d) If the person is alleged to have violated NRS 489.311 and while acting without a license is alleged to have caused damage to a mobile home, manufactured home or commercial coach, require that the person reimburse the owner of the mobile home, manufactured home or commercial coach for the cost of repairing such damage and assess a penalty against that person equal to the estimated cost of such repairs.


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ê1997 Statutes of Nevada, Page 212 (Chapter 108, AB 297)ê

 

the cost of repairing such damage and assess a penalty against that person equal to the estimated cost of such repairs.

      3.  The assessment of a penalty pursuant to paragraph (c) or (d) of subsection 2 is a contested case.

      4.  Any person who is found to have violated a provision of this chapter, the prohibition in NRS 118B.140 against charging or receiving [any] an entrance or exit fee, or a regulation adopted pursuant to this chapter, is liable for the cost incurred by the division in enforcing the provision [.] or regulation.

      Sec. 2.  NRS 489.724 is hereby amended to read as follows:

      489.724  1.  All down payments, deposits of earnest money, proceeds of loans or other money which a dealer receives, on behalf of his principal or any other person, must be deposited in a separate checking account, which must be designated a trust account, in a financial institution in this state whose deposits are insured by an agency of the Federal Government.

      2.  Every dealer required to maintain a separate or trust account shall keep records of all money deposited therein. The records must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. All such records and money are subject to inspection and audit by the division and its authorized representatives. All such separate trust accounts must designate the dealer as trustee and provide for the withdrawal of money without previous notice.

      3.  All money deposited in a separate trust account from down payments, deposits of earnest money, proceeds of loans or other money received by a dealer from a person pursuant to a written contract signed by the dealer and that person must not be withdrawn from the account except to pay specific expenses as authorized by the written contract.

      4.  Each dealer shall notify the division of the names of the financial institutions in which he maintains trust accounts and specify the names of the accounts on forms provided by the division.

      Sec. 3.  Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:

      A contractor’s license issued pursuant to this chapter does not authorize a contractor to construct or repair a mobile home, manufactured home or commercial coach.

      Sec. 4.  NRS 624.215 is hereby amended to read as follows:

      624.215  1.  For the purpose of classification, the contracting business includes [any or all of] the following branches:

      (a) General engineering contracting.

      (b) General building contracting.

      (c) Specialty contracting.

General engineering contracting and general building contracting are mutually exclusive branches.

      2.  A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.


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ê1997 Statutes of Nevada, Page 213 (Chapter 108, AB 297)ê

 

systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

      3.  A general building contractor is a contractor whose principal contracting business is in connection with any structures built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof. A person who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

      4.  A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

      5.  Nothing in this section prevents the board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom usage and procedure found in the construction business. The board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.

      Sec. 5.  NRS 624.3015 is hereby amended to read as follows:

      624.3015  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

      1.  Acting in the capacity of a contractor beyond the scope of the license.

      2.  Bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the board.

      3.  Knowingly entering into a contract with a contractor while that contractor is not licensed, or bidding to contract or entering into a contract with a contractor for work in excess of his limit or beyond the scope of his license.

      4.  Constructing or repairing a mobile home, manufactured home or commercial coach, unless the contractor:

      (a) Is licensed pursuant to NRS 489.311; or

      (b) Owns, leases or rents the mobile home, manufactured home or commercial coach.

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ê1997 Statutes of Nevada, Page 214ê

 

CHAPTER 109, AB 304

Assembly Bill No. 304–Committee on Judiciary

CHAPTER 109

AN ACT relating to gaming; providing immunity to certain persons from civil liability for certain disclosures of information regarding a cash transaction; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 463.125 is hereby amended to read as follows:

      463.125  1.  The commission may, for the purpose of obtaining an exemption from the requirements of the Department of the Treasury on reporting and keeping of records by casinos, require nonrestricted licensees with an annual gross revenue of $1,000,000 or more to report and keep records of all transactions involving cash.

      2.  A gaming licensee, or a director, officer, employee, affiliate or agent of the gaming licensee, who makes a disclosure to the commission, the board or any other law enforcement agency of a possible violation or circumvention of law or regulation regarding a transaction involving cash has absolute immunity from civil liability for that disclosure or for the failure to notify a person involved in the transaction or any other person of that disclosure.

      3.  The absolute privilege set forth in NRS 463.3407 also applies to the copy of a report of a suspicious transaction filed with the board as required by regulations adopted pursuant to subsection 1.

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

________

 

CHAPTER 110, AB 408

Assembly Bill No. 408–Committee on Government Affairs

CHAPTER 110

AN ACT relating to public retirement; authorizing the public employees’ retirement board to establish a fund for the payment of accrued benefits for certain members of the public employees’ retirement system; repealing certain obsolete provisions; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  Notwithstanding any other provision of this chapter, the board shall provide for the calculation and determination of contributions, benefits and service credit relating to qualified military service as defined in section 414(u) of the Internal Revenue Code (26 U.S.C. § 414(u)).


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ê1997 Statutes of Nevada, Page 215 (Chapter 110, AB 408)ê

 

      Sec. 3.  1.  The board may establish a fund to pay the accrued benefits of a member that are not payable because of the limitations set forth in NRS 286.537. The fund must be established in accordance with the provisions of section 415(m) of the Internal Revenue Code (26 U.S.C. § 415(m)) and must be separate from the public employees’ retirement fund.

      2.  If the board establishes a fund pursuant to subsection 1, the benefits that are required to be paid from the fund must be paid from a portion of the employer contributions required to be paid pursuant to NRS 286.450. The board shall:

      (a) Determine the amount of the employer contributions that must be allocated to the fund; and

      (b) Deposit that amount in the fund before it deposits any remaining employer contributions in the public employees’ retirement fund.

      Sec. 4.  NRS 286.525 is hereby amended to read as follows:

      286.525  1.  A retired employee who accepts employment in a position eligible for membership may enroll in the system as of the effective date of that employment. If he so enrolls:

      (a) He forfeits all retirement allowances for the duration of that employment.

      (b) Upon termination of the employment, he is entitled to receive, upon written request, a refund of all contributions made by him during the employment. Except as otherwise required as a result of NRS 286.535 or 286.537, if he does not request the refund and the duration of the employment was at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment was:

             (1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and designate the same beneficiary as the original allowance.

             (2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 286.545.

      2.  The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:

      (a) NRS 286.551; and

      (b) Section 415 of the Internal Revenue Code (26 U.S.C. § 415), [as that section existed on July 5, 1991,] if the member’s effective date of membership is on or after January 1, 1990.

      3.  Except as otherwise required as a result of NRS 286.535 or 286.537, a retired employee who has been receiving a retirement allowance and who is reemployed and enrolls in the system for at least 5 years may elect to return all retirement allowances plus interest from the date of return to employment to the date of repayment and have his additional credit for service added to his previous credit for service. If he chooses to do so, he shall be deemed a continuing employee with a break in service. This


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ê1997 Statutes of Nevada, Page 216 (Chapter 110, AB 408)ê

 

election must not apply to more than one period of employment after the original retirement.

      4.  The survivor of a deceased member who had previously retired and was rehired and enrolled in the system, who qualifies for benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible for the benefits based on the service accrued through the second period of employment if the member elected to receive his service retirement allowance without modification.

      Sec. 5.  NRS 286.537 is hereby amended to read as follows:

      286.537  1.  The election provided by section 415(b)(10)(C) of the Internal Revenue Code (26 U.S.C. § 415(b)(10)(C)) is hereby made.

      2.  Notwithstanding any other provision of this chapter, the benefits payable to and the contributions made by or for the benefit of an employee whose effective date of membership is on or after January 1, 1990, are limited pursuant to the provisions of sections 415(b), 415(c) and 415(e) of the Internal Revenue Code (26 U.S.C. §§ 415(b), 415(c) and 415(e)) . [, as those sections existed on July 5, 1991.] The provisions of section 415(b)(2)(F) of the Internal Revenue Code (26 U.S.C. § 415(b)(2)(F)) do not apply to the benefits of such an employee.

      3.  Notwithstanding any other provision of law, if an employee whose effective date of membership is on or after January 1, 1990, is a member of the system and a member of the legislators’ retirement system, the benefits payable to him from both plans are limited pursuant to this section. His benefits from the plan providing the greater benefit must be reduced if the benefits from both plans exceed the limitations of this section.

      Sec. 6.  NRS 218.23815 is hereby amended to read as follows:

      218.23815  1.  The election provided by section 415(b)(10)(C) of the Internal Revenue Code (26 U.S.C. § 415(b)(10)(C)) is hereby made.

      2.  Notwithstanding any other provision of law, the benefits payable to and the contributions made by or for the benefit of a legislator [whose effective date of membership is on or after January 1, 1990,] are limited pursuant to the provisions of sections 415(b) and 415(e) of the Internal Revenue Code (26 U.S.C. §§ 415(b) and 415(e)) . [, as those sections existed on July 5, 1991.] The provisions of section 415(b)(2)(F) of the Internal Revenue Code (26 U.S.C. § 415(b)(2)(F)) do not apply to the benefits of such a legislator.

      3.  Notwithstanding any other provision of law, if a legislator whose effective date of membership is on or after January 1, 1990, is a member of the public employees’ retirement system and is a member of the legislators’ retirement system, the benefits payable to him from both plans are limited pursuant to this section. His benefits from the plan providing the greater benefit must be reduced if the benefits from both plans exceed the limitations of this section.

      Sec. 7.  NRS 286.310 and 286.576 are hereby repealed.

      Sec. 8.  1.  This act becomes effective on July 1, 1997.

      2.  The amendatory provisions of sections 5 and 6 of this act apply retroactively to January 1, 1990.

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ê1997 Statutes of Nevada, Page 217ê

 

CHAPTER 111, SB 85

Senate Bill No. 85–Committee on Government Affairs

CHAPTER 111

AN ACT relating to counties; authorizing less office hours for branch offices of certain county officers; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 245.040 is hereby amended to read as follows:

      245.040  1.  Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which , except as otherwise provided in subsection 3, must be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m. for the transaction of public business, but nothing contained in this subsection interferes with [any] a duty now required of [any] a public officer under [any of] the election laws of this state. County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but may, with the consent of the district judge of the county, close their offices for all purposes except election business and the issuance of marriage licenses on any day on which the primary or general election is held.

      2.  Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer must be kept open for the transaction of public business. [Any] An order so made and entered must require each office to be kept open for not less than 40 hours during each week, and must not prevent the county clerk from closing his office for all purposes except election business and the issuance of marriage licenses on primary and general election days as provided in subsection 1.

      3.  The board of county commissioners may authorize a county officer to rent, equip and operate, at public expense, one or more branch offices in the county. The branch office [must] may be kept open for the transaction of public business on the days and during the hours specified in subsections 1 and 2 [.] or on such days and during such hours as determined by the board. The provisions of this subsection do not preempt any other statutory provisions which require certain duties to be performed at the county seat.

      4.  A county officer who violates the provisions of this section is guilty of a misdemeanor, and if an officer mentioned in subsection 1 absents himself from his office, except:

      (a) When called away from his office by official duties;

      (b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or


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ê1997 Statutes of Nevada, Page 218 (Chapter 111, SB 85)ê

 

      (c) When he makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy qualified to act in his absence,

there must be withheld from his monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which the absence occurs. The money must be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners, but such an order must not be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him.

________

 

CHAPTER 112, SB 83

Senate Bill No. 83–Committee on Government Affairs

CHAPTER 112

AN ACT relating to constables; authorizing every board of county commissioners in this state to abolish the office of constable and appoint the sheriff ex officio constable; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 258.010 is hereby amended to read as follows:

      258.010  1.  Except as otherwise provided in subsections 2, 3 and 4:

      (a) Constables [shall] must be elected by the qualified electors of their respective townships.

      (b) The constables of the several townships of the state [shall] must be chosen at the general election of 1966, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and [shall] hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.

      (c) Constables [shall] must receive certificates of election from the boards of county commissioners of their respective counties.

      2.  In [any] a county which includes only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution must not become effective until the completion of the term of office for which a constable may have been elected.

      3.  In [all counties] a county whose population [is] :

      (a) Is less than [100,000,] 400,000, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may , by ordinance , abolish the office of constable in those townships. [For any township in which the office of constable has been abolished, the board of county commissioners may by resolution appoint the sheriff ex officio constable to serve without additional compensation.

      4.  In any county whose population is]


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ê1997 Statutes of Nevada, Page 219 (Chapter 112, SB 83)ê

 

      (b) Is 400,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may , by ordinance , abolish the office in those townships, but the abolition does not become effective as to [any] a particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection.

For [any] a township in which the office of constable has been abolished, the board of county commissioners may , by resolution , appoint the sheriff ex officio constable to serve without additional compensation.

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CHAPTER 113, SB 92

Senate Bill No. 92–Committee on Commerce and Labor

CHAPTER 113

AN ACT relating to real estate; revising the requirements for continuing education of brokers, real estate broker-salesmen and real estate salesmen; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 645.575 is hereby amended to read as follows:

      645.575  1.  The commission shall prescribe standards for the continuing education of persons licensed pursuant to this chapter by adopting regulations which include:

      (a) For renewal of a license which is on active status, a requirement for the hours of attendance at any approved educational course, seminar or conference of:

             (1) Thirty hours within the 2-year period immediately after initial licensing; and

             (2) Fifteen hours within each subsequent 2-year period before renewal.

For each period, at least [3] 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate . [and at least 3 of the hours must be devoted to disclosing agency relationships.]

      (b) For reinstatement of a license which has been placed on inactive status, a requirement for total attendance at any approved educational course, seminar or conference of:

             (1) Thirty hours if the license was on inactive status for 2 years or less during the initial license period;

             (2) Fifteen hours if the license was on inactive status for a period of 2 years or less, no part of which was during the initial license period;

             (3) Forty-five hours if the license was on inactive status for a period of more than 2 years, part of which was during the initial license period; or

             (4) Thirty hours if the license was on inactive status for a period of more than 2 years, no part of which was during the initial license period.

For each period, at least [3] 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate . [and at least 3 of the hours must be devoted to disclosing agency relationships.]


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ê1997 Statutes of Nevada, Page 220 (Chapter 113, SB 92)ê

 

      (c) A basis and method of qualifying educational programs and certifying attendance which will satisfy the requirements of this section.

      (d) A procedure for the evaluation of petitions based on a claim of equivalency with the requirements of [subsection] paragraph (a) or (b).

      (e) A system of controlling and reporting qualifying attendance.

      (f) A statement of the conditions [under] for which an extension of time may be granted to comply with the continuing education requirements as well as a method of applying and qualifying for an extension.

      2.  The standards prescribed [under] in subsection 1 must permit alternatives of subject material, taking cognizance of specialized areas of practice [,] and alternatives in sources of programs considering availability in area and time. The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The commission shall qualify only those educational courses that it determines address the appropriate subject matter and are given by an accredited university or community college. Subject to the provisions of this section, the commission has exclusive authority to determine what is an appropriate subject matter for qualification as a continuing education course.

      3.  Except as otherwise provided in this subsection, the license of a broker, broker-salesman or salesman must not be renewed or reinstated unless the administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.

      Sec. 2.  This act becomes effective on July 1, 1997.

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CHAPTER 114, SB 96

Senate Bill No. 96–Committee on Commerce and Labor

CHAPTER 114

AN ACT relating to the practice of architecture; revising the provisions governing the examination of an applicant for registration as an architect; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 623.160 is hereby amended to read as follows:

      623.160  [All] Except as otherwise provided in NRS 623.190, all fees provided for by the provisions of this chapter must be paid to and receipted for by the secretary of the board, who shall deposit the fees in banks in the State of Nevada or institutions in this state whose business is the making of investments. Fees so deposited [shall] may be drawn against only for the purposes of this chapter.


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ê1997 Statutes of Nevada, Page 221 (Chapter 114, SB 96)ê

 

      Sec. 2.  NRS 623.190 is hereby amended to read as follows:

      623.190  1.  Any person who is at least 21 years of age and of good moral character and who meets the requirements for education and practical training established by the board by regulation may apply to the board for registration [under] pursuant to this section as an architect.

      2.  Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural program accredited by the National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the state board of architecture, interior design and residential design is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.

      3.  The board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations [must] may include tests in [the] such technical and professional subjects as are prescribed by the board.

      4.  If the board adopts the examination of the National Council of Architectural Registration Boards, an applicant for registration as an architect who wishes to:

      (a) Take the examination must pay to the entity which administers the examination the fee charged by that entity for taking the examination and pay to the board a processing fee as provided in NRS 623.310.

      (b) Retake any part or parts of the examination which he previously failed must pay to the entity which administers the examination the fee charged by that entity for retaking such part or parts.

      5.  Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the board, may apply to the board for registration as a residential designer. The board shall , by regulation , establish the amount of credit allowed for education, practical training or a combination thereof.

      [5.]6.  The board shall, by regulation, establish the standards for the examination to qualify as a residential designer, which may be required as part of the examination to be an architect. The examination must consist of at least:

      (a) A written examination covering:

             (1) Structural technology;

             (2) Materials and methods of construction;

             (3) Systems for environmental control; and

             (4) Graphic design; and

      (b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.

      [6.]7.  Any application to the board may be denied for any violation of this chapter.


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ê1997 Statutes of Nevada, Page 222 (Chapter 114, SB 96)ê

 

      Sec. 3.  NRS 623.200 is hereby amended to read as follows:

      623.200  1.  Upon complying with the requirements set forth in NRS 623.190 and before receiving a certificate or being registered as an architect, the applicant [shall] must pass an examination [in such technical and professional courses as may be established] adopted or otherwise prescribed by the board, unless the applicant has applied for the certificate and registration without examination as provided in this chapter.

      2.  Upon complying with the applicable requirements of this chapter and passing the examination, an applicant is entitled to be registered as a residential designer and receive a certificate of registration. A person may not be simultaneously registered as an architect and residential designer.

      3.  Upon complying with the requirements set forth in NRS 623.192 and before receiving a certificate or being registered as a registered interior designer, the applicant [shall] must pass an examination in such technical and professional courses as may be established by the board.

      4.  The board shall give or provide for examinations at least once each year, unless no applications for examinations are pending with the board.

      Sec. 4.  NRS 623.205 is hereby amended to read as follows:

      623.205  If the applicant fails to pass a written examination, as provided in NRS 623.200, or any part thereof, he may retake the examination or the part or parts failed in a subsequent examination upon the payment of the appropriate fees, as provided in NRS 623.190 or 623.310.

      Sec. 5.  NRS 623.310 is hereby amended to read as follows:

      623.310  The board shall, by regulation, adopt a fee schedule which may not exceed the following:

 

For an examination for a certificate......................................................            $800.00

For rewriting an examination or a part or parts failed.......................              800.00

For a processing fee for an examination for registration as an architect           ............................................................................................................ 50.00

For a certificate of registration.............................................................              125.00

For a temporary certificate of registration..........................................              500.00

For initial registration or renewal of registration...............................              300.00

For the late renewal of an expired certificate within 1 year after its expiration      ............................................................................................................ 220.00

For the late renewal of a certificate which has been expired for more than 1 year but not more than 3 years..............................................................              300.00

For the restoration of a revoked certificate........................................              500.00

For change of address...........................................................................                  5.00

For replacement of a certificate............................................................                30.00

For application forms.............................................................................                25.00

For photostatic copies, each sheet ....................................................                    .25

      Sec. 6.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 223ê

 

CHAPTER 115, SB 149

Senate Bill No. 149–Senator Washington

CHAPTER 115

AN ACT relating to property; providing for the registration of securities transferable on death; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

      Sec. 2.  Sections 2 to 19, inclusive, of this act:

      1.  May be cited as the Uniform TOD Security Registration Act; and

      2.  Must be construed and applied to effectuate their general purpose to make uniform the law with respect to their subject among states enacting the Uniform TOD Security Registration Act.

      Sec. 3.  As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Beneficiary” means a person designated to become the owner of a security upon the death of the preceding owner.

      Sec. 5.  “Beneficiary form” means the registration of a security that indicates the present owner of the security and designates a beneficiary.

      Sec. 6.  “Register” means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. Its derivatives have a corresponding meaning.

      Sec. 7.  “Registering entity” means a person who originates or transfers title to a security by registration. The term includes a broker maintaining securities accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

      Sec. 8.  “Security” means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer. The term includes a certificated security, an uncertificated security and a securities account. As used in this section, “securities account” means:

      1.  A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings or dividends earned or declared on a security in a securities account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner’s death; or

      2.  A cash balance or other property held for or due to the owner of a security as a replacement for or product of a security held in a securities account, whether or not credited to the account before the owner’s death.

      Sec. 9.  Only natural persons whose registration of a security shows sole ownership by one natural person or multiple ownership by two or more natural persons with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties or as owners of community property held in survivorship form, and not as tenants in common.


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ê1997 Statutes of Nevada, Page 224 (Chapter 115, SB 149)ê

 

security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties or as owners of community property held in survivorship form, and not as tenants in common.

      Sec. 10.  1.  A security may be registered in beneficiary form if the Uniform TOD Security Registration Act or a similar statute is in force in:

      (a) The state of organization of the issuer or registering entity or the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration; or

      (b) The state listed as the owner’s address at the time of registration.

      2.  A registration governed by the law of a jurisdiction in which the Uniform TOD Security Registration Act or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract.

      3.  As used in this section, “state” includes a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands and any territory or possession subject to the jurisdiction of the United States.

      Sec. 11.  A security, whether evidenced by certificate or account, is registered in beneficiary form if the registration includes a designation of a beneficiary to become the owner at the death of the owner or the deaths of all multiple owners.

      Sec. 12.  Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.

      Sec. 13.  The designation of a beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners, without the consent of the beneficiary.

      Sec. 14.  On the death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form transfers to the beneficiary or beneficiaries who survive all owners. Upon proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.

      Sec. 15.  1.  A registering entity is not required to offer or to accept a request for registration of a security in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by sections 2 to 19, inclusive, of this act.

      2.  By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be effective on the death of the deceased owner as provided in sections 2 to 19, inclusive, of this act.


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

ê1997 Statutes of Nevada, Page 225 (Chapter 115, SB 149)ê

 

the death of the deceased owner as provided in sections 2 to 19, inclusive, of this act.

      Sec. 16.  1.  A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of a security in accordance with section 14 of this act and does so relying in good faith on:

      (a) The registration;

      (b) Sections 2 to 19, inclusive, of this act; and

      (c) Information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity.

      2.  The protections of sections 2 to 19, inclusive, of this act do not extend to a reregistration or payment made after a registering entity has received written notice from a claimant to any interest in the security objecting to effectuation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under sections 2 to 19, inclusive, of this act.

      3.  The protection provided by sections 2 to 19, inclusive, of this act to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.

      4.  As used in this section:

      (a) “Devisee” means a person designated in a will to receive a disposition of real or personal property.

      (b) “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

      (c) “Personal representative” includes an executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function.

      Sec. 17.  1.  A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and sections 2 to 19, inclusive, of this act and is not testamentary.

      2.  Sections 2 to 19, inclusive, of this act do not limit the rights of creditors of owners of securities against beneficiaries and other transferees under other laws of this state.

      Sec. 18.  1.  A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for effectuation of registrations in beneficiary form, including requests for cancellation of previously registered designations of beneficiary and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death.


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

ê1997 Statutes of Nevada, Page 226 (Chapter 115, SB 149)ê

 

      2.  Substitution may be indicated by appending to the name of the primary beneficiary the letters “LDPS,” standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate.

      3.  Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.

      Sec. 19.  Sections 2 to 19, inclusive, of this act apply to registrations of securities in beneficiary form made before, on or after October 1, 1997, by decedents dying on or after October 1, 1997.

      Sec. 20.  NRS 133.105 is hereby amended to read as follows:

      133.105  1.  A security issued in registered form which contains the words “transferable on death to” a named person, or equivalent language or abbreviation, is effective to transfer the interest evidenced by the security to that person, upon the death of its owner, without compliance with the formal requirements of this chapter for the execution of wills. As used in this [section,] subsection, “security” and “registered form” have the meanings ascribed to them in NRS 104.8102.

      2.  A security registered in beneficiary form pursuant to sections 2 to 19, inclusive, of this act is effective to transfer the interest evidenced by the security to the beneficiary at the death of the owner or the deaths of all multiple owners, without compliance with the formal requirements of this chapter for the execution of wills.

________

 

CHAPTER 116, SB 193

Senate Bill No. 193–Senator Neal

CHAPTER 116

AN ACT relating to judges; requiring each judge to list the telephone number of his office in a telephone directory; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

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

      A judge of any court of justice for this state shall cause the telephone number of his office that is located within the court to be published in the telephone directory that is provided to the public in the jurisdiction in which the court is located.


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

ê1997 Statutes of Nevada, Page 227 (Chapter 116, SB 193)ê

 

      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

 

CHAPTER 117, SB 238

Senate Bill No. 238–Senator Titus

CHAPTER 117

AN ACT relating to actions concerning persons; providing for recovery by the executor or administrator of the estate of a person insured under a policy of life insurance of any loss arising out of the commission of an act that constitutes an unfair insurance practice; and providing other matters properly relating thereto.

 

[Approved June 1, 1997]

 

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

 

      Section 1.  NRS 41.100 is hereby amended to read as follows:

      41.100  1.  Except as otherwise provided in this section and NRS 179A.230, no cause of action is lost by reason of the death of any person, but may be maintained by or against his executor or administrator.

      2.  In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if he had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.

      3.  Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by his executor or administrator include all losses or damages which the decedent incurred or sustained before his death, including any penalties or punitive and exemplary damages which the decedent would have recovered if he had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by his personal representatives for his wrongful death.

      4.  The executor or administrator of the estate of a person insured under a policy of life insurance may recover on behalf of the estate any loss, including, without limitation, consequential damages and attorney’s fees, arising out of the commission of an act that constitutes an unfair practice pursuant to subsection 1 of NRS 686A.310.

      5.  This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists’ provision of an insurance policy.

________

 


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

ê1997 Statutes of Nevada, Page 228ê

 

CHAPTER 118, SB 215

Senate Bill No. 215–Committee on Government Affairs

CHAPTER 118

AN ACT relating to elections; revising the period for filing a declaration of candidacy or an acceptance of candidacy for certain candidates; prohibiting a person from making a contribution in the name of another person; requiring certain candidates who receive contributions before the year of the election in which they intend to seek election to public office to report the contributions received and expenditures made; prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; revising the definition of “contribution” for the purposes of limiting and reporting campaign contributions; revising the amount of money that may be contributed to or accepted by a candidate for certain public offices; expanding the type of entities that are restricted in the amount that they may contribute to a candidate for certain public offices; requiring political parties and committees sponsored by a political party to report the campaign contributions received; reducing the monetary threshold for the reporting of certain campaign contributions and expenditures; revising the periods for the reporting of certain campaign contributions and expenditures; increasing the penalty for voting or attempting to vote more than once at the same election; increasing the penalty for giving or accepting an illegal campaign contribution; and providing other matters properly relating thereto.

 

[Approved June 2, 1997]

 

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

 

      Section 1.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than the first [Tuesday in March] Monday in May of the year in which the election is to be held nor later than 5 p.m. on the [first Tuesday in June.] third Monday in May.

      2.  A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:

      (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada      }

                                  }ss.

County of .............}

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ................, I, the undersigned ................, do swear or affirm that I reside at No. ........, ........ Street, in the City or Town of ................,


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

ê1997 Statutes of Nevada, Page 229 (Chapter 118, SB 215)ê

 

County of ................, State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                                                                    (Designation of name)

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

                                                                                          (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of ........, 19...

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

      Notary Public or other person

authorized to administer an oath

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada      }

                                  }ss.

County of .............}

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm that I reside at No. ........, ........ Street, in the City or Town of ................, County of ................, State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.


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

ê1997 Statutes of Nevada, Page 230 (Chapter 118, SB 215)ê

 

practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.

 

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

                                                                                                    (Designation of name)

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

                                                                                          (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of ........, 19...

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

      Notary Public or other person

authorized to administer an oath

 

      3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.

      4.  An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.

      5.  The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

      Sec. 2.  NRS 293.313 is hereby amended to read as follows:

      293.313  1.  Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the appropriate county or city clerk, may vote an absent ballot as provided in this chapter.

      2.  A registered voter who:

      (a) Is at least 65 years old; or

      (b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter shall include in his request a description of his physical disability or condition.

      3.  As used in this section, “sufficient written notice” means a:

      (a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail;


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

ê1997 Statutes of Nevada, Page 231 (Chapter 118, SB 215)ê

 

      (b) Form prescribed by the secretary of state which is completed and signed by the registered voter and returned to the county clerk in person or by mail; or

      (c) Form provided by the Federal Government.

      4.  A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for both the primary and general elections unless otherwise specified in the request.

      5.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      Sec. 3.  NRS 293.330 is hereby amended to read as follows:

      293.330  1.  When an absent voter receives his ballot, he must stamp and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

      (a) The county or city clerk’s office, he must stamp or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

      (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Spoiled.”

      3.  Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      Sec. 4.  NRS 293.5045 is hereby amended to read as follows:

      293.5045  1.  A person who works in a voter registration agency shall not:

      (a) Seek to influence an applicant’s political preference or party registration;

      (b) Display a political preference or party allegiance in a place where it can be seen by an applicant;

      (c) Make any statement or take any action to discourage an applicant from registering to vote; or

      (d) Make any statement or take any action which would lead the applicant to believe that a decision to register to vote has any effect on the availability of any services or benefits provided by the state or Federal Government.

      2.  A person who violates any of the provisions of this section is guilty of a [felony.

      3.  A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of 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.


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

ê1997 Statutes of Nevada, Page 232 (Chapter 118, SB 215)ê

 

than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] category E felony and shall be punished as provided in NRS 193.130.

      Sec. 5.  NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

      2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

      3.  A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.

      4.  When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

      5.  Immediately after the close of registration, each field registrar shall forward to the county clerk all completed applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

      6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

      7.  Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

      8.  A field registrar shall not:

      (a) Delegate any of his duties to another person; or

      (b) Refuse to register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

      10.  A county clerk or field registrar shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

      (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.


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

ê1997 Statutes of Nevada, Page 233 (Chapter 118, SB 215)ê

 

      11.  When the county clerk receives applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

      (a) The number of persons registered; and

      (b) The political party of the persons registered.

      12.  A county clerk or field registrar shall not:

      (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;

      (b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or

      (c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

      13.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

      14.  A person who violates any of the provisions of subsections 8 to 12, inclusive, is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      Sec. 6.  NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

      2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

      3.  The applicant must complete and sign the application.

      4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

      5.  If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that:

      (a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) The registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked.

      6.  If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that:

 


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ê1997 Statutes of Nevada, Page 234 (Chapter 118, SB 215)ê

 

applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that:

      (a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) The registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.

      7.  The secretary of state shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state.

      8.  The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

      9.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.

      10.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

      11.  An application to register to vote must be made available to all persons, regardless of political party affiliation.

      12.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerk’s office within 3 working days after it is completed.

      13.  A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      14.  The secretary of state shall adopt regulations to carry out the provisions of this section.

      Sec. 7.  NRS 293.780 is hereby amended to read as follows:

      293.780  1.  A person who is entitled to vote shall not vote or attempt to vote more than once at the same election. Any person who votes or attempts to vote twice at the same election is guilty of a [gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.


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ê1997 Statutes of Nevada, Page 235 (Chapter 118, SB 215)ê

 

      2.  Notice of the provisions of subsection 1 must be given by the county or city clerk as follows:

      (a) Printed on all sample ballots mailed;

      (b) Posted in boldface type at each polling place; and

      (c) Posted in boldface type at the office of the county or city clerk.

      Sec. 8.  NRS 293.800 is hereby amended to read as follows:

      293.800  1.  A person who, [either] for himself or another [,] person, willfully gives a false answer or answers to questions propounded to him by the registrar or field registrar of voters relating to the information called for by the application to register to vote, or who willfully falsifies his application in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another person to violate [such] those laws is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      2.  A public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects his duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, except where [some other] another penalty is provided, is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      3.  If the person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.

      4.  A person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause the registration to be made, and any other person who induces, aids, or abets the person in the commission of either of the acts is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      5.  A field registrar or other person who:

      (a) Knowingly falsifies an application to register to vote or knowingly causes an application to be falsified; or

      (b) Knowingly provides money or other compensation to another for a falsified application to register to vote,

is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      Sec. 9.  NRS 293.805 is hereby amended to read as follows:

      293.805  1.  It is unlawful for a person to provide compensation for registering voters that is based upon:

      (a) The total number of voters a person registers; or

      (b) The total number of voters a person registers in a particular political party.

      2.  A person who violates any provision of this section is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

      Sec. 10.  Chapter 294A of NRS is hereby amended by adding thereto sections 11 to 16, inclusive, of this act.

      Sec. 11.  The secretary of state shall adopt regulations that prescribe simplified forms for the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360 for a candidate who receives less than $1,000 in campaign contributions.


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ê1997 Statutes of Nevada, Page 236 (Chapter 118, SB 215)ê

 

      Sec. 12.  1.  If the secretary of state receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the applicable provisions of those sections, the secretary of state may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.

      2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 or section 13 of this act is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited with the state treasurer for credit to the state general fund.

      3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:

      (a) If the report is not more than 7 days late, $25 for each day the report is late.

      (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

      (c) If the report is more than 15 days late, $100 for each day the report is late.

      Sec. 13.  1.  A person shall not:

      (a) Make a contribution in the name of another person;

      (b) Knowingly allow his name to be used to cause a contribution to be made in the name of another person or assist in the making of a contribution in the name of another person;

      (c) Knowingly assist a person to make a contribution in the name of another person; or

      (d) Knowingly accept a contribution made by a person in the name of another person.

      2.  As used in this section, “make a contribution in the name of another person” includes, without limitation:

      (a) Giving money or an item of value, all or part of which was provided by another person, without disclosing the source of the money or item of value to the recipient at the time the contribution is made; and

      (b) Giving money or an item of value, all or part of which belongs to the person who is giving the money or item of value, and claiming that the money or item of value belongs to another person.

      Sec. 14.  1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, not later than December 31 of:


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ê1997 Statutes of Nevada, Page 237 (Chapter 118, SB 215)ê

 

      (a) The year in which he receives contributions in excess of $10,000, report the total contributions received.

      (b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, report the contributions received and the expenditures made in that year.

      2.  The reports required by subsection 1 must be submitted on a form designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      3.  Each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state. Each expenditure in excess of $100 and expenditures that the candidate made cumulatively in excess of that amount must be separately identified with the date of the expenditure, tabulated and reported on the form provided by the secretary of state.

      4.  The report must be filed with the secretary of state.

      Sec. 15.  1.  A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, cause to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:

      (a) The education or training of the candidate.

      (b) The profession or occupation of the candidate.

      (c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.

      (d) Whether the candidate has received treatment for a mental illness.

      (e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.

      (f) Whether another person endorses or opposes the candidate.

      (g) The record of voting of a candidate if he formerly served or currently serves as a public officer.

      2.  A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.

      3.  Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and section 41 of this act. The commission shall give priority to such a request over all other matters pending with the commission.

      4.  A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.


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ê1997 Statutes of Nevada, Page 238 (Chapter 118, SB 215)ê

 

      5.  As used in this section:

      (a) “Actual malice” means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.

      (b) “Publish” means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.

      Sec. 16.  1.  An employee, agent or volunteer of the campaign of a candidate shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.

      2.  A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:

      (a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or

      (b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.

      3.  An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.

      4.  A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:

      (a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or

      (b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.

      5.  Any candidate who alleges that a person has violated the provisions of subsection 1 or 2, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a person has violated the provisions of subsection 3 or 4, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and section 41 of this act. The commission shall give priority to such a request over all matters pending with the commission.

      6.  A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.

      Sec. 17.  NRS 294A.004 is hereby amended to read as follows:

      294A.004  “Campaign expenses” and “expenditures” means [all] :

      1.  Those expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers [, and all] ; and


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ê1997 Statutes of Nevada, Page 239 (Chapter 118, SB 215)ê

 

      2.  All other expenditures contracted for or made [to further directly the campaign for] ,

to advocate expressly the election or defeat of a clearly identified candidate or group of candidates or the passage or defeat of a clearly identified question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.

      Sec. 18.  NRS 294A.005 is hereby amended to read as follows:

      294A.005  “Candidate” means any person:

      1.  Who files a declaration or affidavit of candidacy;

      2.  Who files an acceptance of candidacy; [or]

      3.  Whose name appears on an official ballot at any election [.] ; or

      4.  Who has received contributions in excess of $100.

      Sec. 19.  NRS 294A.007 is hereby amended to read as follows:

      294A.007  1.  “Contribution” means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes [the] :

      (a) The payment by any person , other than a candidate , of compensation for the personal services of another person which are rendered to a:

      [1.  Candidate;

      2.](1) Candidate;

             (2) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;

      [3.](3) Committee for political action , political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates; or

      [4.](4) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot,

without charge to the candidate, person [or committee.] , committee or political party.

      (b) The value of services provided in-kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.

      2.  As used in this section, “volunteer” means a person who does not receive compensation of any kind, directly or indirectly, for the services he provides to a campaign.

      Sec. 20.  NRS 294A.009 is hereby amended to read as follows:

      294A.009  “Person” [is limited to a natural person, any labor union, any business or voluntary association, any committee for political action or sponsored by a political party and any corporation.] means:

      1.  A natural person;

      2.  Any form of business or social organization;


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ê1997 Statutes of Nevada, Page 240 (Chapter 118, SB 215)ê

 

      3.  Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or

      4.  A government, governmental agency or political subdivision of a government.

      Sec. 21.  NRS 294A.100 is hereby amended to read as follows:

      294A.100 1.  A [natural] person shall not make a contribution or contributions to a candidate for [:

      (a) A city, county, state or judicial office in a total amount which exceeds $2,000; or

      (b) A statewide office in a total] any office, except a federal office, in an amount which exceeds [$10,000,] $5,000 for the primary election or primary city election, regardless of the number of candidates for the office, and $5,000 for the general election or general city election, regardless of the number of candidates for the office, during the period [beginning on the day after the last general election for the office and ending on the day of the general election for that office.] :

      (a) Beginning from 30 days before the regular session of the legislature immediately following the last election for the office and ending 30 days before the regular session of the legislature immediately following the next election for the office, if that office is a state, district, county or township office; or

      (b) Beginning from 30 days after the last election for the office and ending 30 days before the next general city election for the office, if that office is a city office.

      2.  A candidate shall not accept a contribution made in violation of subsection 1.

      3.  A person who willfully violates any provision of this section is guilty of a [misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.

      Sec. 22.  NRS 294A.120 is hereby amended to read as follows:

      294A.120 1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

      (a) [Fifteen] Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to [20] 12 days before the primary election;

      (b) [Fifteen] Seven days before the general election, whether or not the candidate won the primary election, for the period from [20] 12 days before the primary election up to [20] 12 days before the general election; and

      (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:


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ê1997 Statutes of Nevada, Page 241 (Chapter 118, SB 215)ê

 

      (a) [Fifteen] Seven days before the special election, for the period from his nomination up to [20] 12 days before the special election; and

      (b) Thirty days after the special election, for the remaining period up to the special election,

report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.

      4.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      5.  Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection [2] 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

      6.  Each contribution in excess of [$500] $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor and the date of the contribution , [or contributions,] tabulated and reported on the form provided by the secretary of state.

      [7.  If the secretary of state has received information that a candidate has not filed a report as required pursuant to the provisions of this section, the secretary of state shall, after giving notice to the candidate, cause the appropriate proceedings to be instituted in a court of competent jurisdiction.

      8.  Except as otherwise provided in this section, any candidate who violates any of the provisions of this section is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.

      9.  If a civil penalty is imposed because a candidate has reported his campaign contributions after the date the report is due, the amount of the civil penalty is:

      (a) If the report is not more than 7 days late, $25 for each day the report is late.

      (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.


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ê1997 Statutes of Nevada, Page 242 (Chapter 118, SB 215)ê

 

      (c) If the report is more than 15 days late, $100 for each day the report is late.]

      Sec. 23.  NRS 294A.130 is hereby amended to read as follows:

      294A.130  1.  Every candidate for state, district, county, city or township office shall, not later than 1 week after he receives minimum campaign contributions of $100, open and maintain a separate account in a financial institution for the deposit of any campaign contributions he receives. The candidate shall not commingle the money in the account with money collected for other purposes.

      2.  The candidate may close the separate account:

      (a) If he was a candidate in a special election, after that election;

      (b) If he lost in the primary election, after the primary election; or

      (c) If he won the primary election, after the general election,

and as soon as all payments of money committed have been made.

      [3.  Any candidate who willfully violates any of the provisions of this section is guilty of a misdemeanor.]

      Sec. 24.  NRS 294A.140 is hereby amended to read as follows:

      294A.140  1.  [Except as otherwise provided in subsection 6, every] Every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group , and every committee for political action , political party and committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:

      (a) [Fifteen] Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to [20] 12 days before [that] the primary election or primary city election;

      (b) [Fifteen] Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from [20] 12 days before [that] the primary election or primary city election to [20] 12 days before the general election or general city election; and

      (c) The 15th day of the second month after [a] the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

report the total amount of contributions received on the form designed and provided by the secretary of state and shall sign the report under penalty of perjury.

      2.  The report of campaign contributions must identify each contribution in excess of [$500.] $100. Contributions which a contributor has made cumulatively in excess of [$500] $100 since the beginning of the first reporting period must be separately identified with the name and address of the contributor and the date of the contribution , [or contributions] tabulated and reported on the form designed and provided by the secretary of state.

      3.  If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates the reports must be filed with the secretary of state. A person [may make his report to] or entity may file the report with the appropriate officer by certified mail.


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ê1997 Statutes of Nevada, Page 243 (Chapter 118, SB 215)ê

 

[may make his report to] or entity may file the report with the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

      [5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      6.  The provisions of this section do not apply to a political party or committee sponsored by a political party.]

      Sec. 25.  NRS 294A.150 is hereby amended to read as follows:

      294A.150 1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:

      (a) [Fifteen] Seven days before a primary election or primary city election, for the period from 30 days after the last general election [for that office to 20] to 12 days before [that] the primary election or primary city election;

      (b) [Fifteen] Seven days before a general election or general city election, [whether or not the candidate won the primary election or primary city election,] for the period from [20] 12 days before [that] the primary election or primary city election to [20] 12 days before the general election or general city election; and

      (c) The 15th day of the second month after [a] the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

report the total amount of contributions received on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.

      2.  Each contribution in excess of [$500] $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor and the date of the contribution , [or contributions] tabulated and reported on the form provided by the secretary of state.

      3.  If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If the person or group of persons is advocating passage or defeat of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.

      4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.


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ê1997 Statutes of Nevada, Page 244 (Chapter 118, SB 215)ê

 

      [5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.]

      Sec. 26.  NRS 294A.160 is hereby amended to read as follows:

      294A.160  1.  It is unlawful for a candidate to spend money received as a campaign contribution for his personal use.

      2.  Every candidate for a state, district, county, city or township office at a primary, general , primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general , primary city, general city or special election shall:

      (a) Return the unspent money to contributors;

      (b) Use the money in his next election or for the payment of other expenses related to public office or his campaign;

      (c) Contribute the money to:

             (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

             (2) A political party;

             (3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or

             (4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);

      (d) Donate the money to any tax-exempt nonprofit entity; or

      (e) Dispose of the money in any combination of the methods provided in paragraphs (a) to (d), inclusive.

      3.  Every candidate for a state, district, county, city or township office at a primary, general , primary city, general city or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general , primary city, general city or special election shall, not later than the 15th day of the second month after his defeat:

      (a) Return the unspent money to contributors;

      (b) Contribute the money to:

             (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

             (2) A political party;

             (3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or

             (4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);

      (c) Donate the money to any tax-exempt nonprofit entity; or

      (d) Dispose of the money in any combination of the methods provided in paragraphs (a), (b) and (c).

      4.  Every candidate for a state, district, county, city or township office who is defeated at a primary or primary city election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after his defeat, return any money in excess of $5,000 to the contributor.

      5.  Every public officer who:


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ê1997 Statutes of Nevada, Page 245 (Chapter 118, SB 215)ê

 

      (a) Holds a state, district, county, city or township office;

      (b) Does not run for reelection and is not a candidate for any other office; and

      (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

shall, not later than the 15th day of the second month after the expiration of his term of office, dispose of those contributions in the manner provided in subsection 3.

      [5.  Any candidate or public officer who willfully violates any provision of this section is guilty of a misdemeanor.]

      6.  The court shall, in addition to any [other] penalty which may be imposed [,] pursuant to section 12 of this act, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.

      [6.  For the purposes of]

      7.  As used in this section, “contributions” include any interest and other income earned thereon.

      Sec. 27.  NRS 294A.170 is hereby amended to read as follows:

      294A.170  [1.]  If a candidate for state, district, county, city or township office files a declaration of candidacy for an office which is different from the office [:

      (a) Which he] which:

      1.  He previously and publicly intended to seek; or

      [(b)]2.  He held immediately preceding his declaration of candidacy,

he shall make a reasonable effort to notify the persons who contributed money to his campaign before he filed his declaration of candidacy and [shall] return the unspent portion of those contributions if so requested. Any contributions not returned must be used in his campaign or must be disposed of in the manner provided in NRS 294A.160.

      [2.  Any person who willfully violates the provisions of this section is guilty of a misdemeanor.]

      Sec. 28.  NRS 294A.180 is hereby amended to read as follows:

      294A.180  1.  Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the secretary of state stating the amount of contributions which he received for that campaign but did not spend [,] and the disposition of those unspent contributions.

      2.  Each public officer who is elected to a state, district, county, city or township office shall file a report with the secretary of state:

      (a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend [,] and the amount, if any, of those unspent contributions disposed of pursuant to [paragraph (a), (b) or (c) of] subsection 2 of NRS 294A.160;

      (b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to NRS 294A.160 during the period since his last report and the manner in which they were disposed of; and


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      (c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.

      3.  The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the secretary of state and signed by the candidate or public officer under penalty of perjury.

      [4.  Except as otherwise provided in this section, any person who willfully violates any provision of this section is guilty of a misdemeanor.]

      Sec. 29.  NRS 294A.200 is hereby amended to read as follows:

      294A.200  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

      (a) [Fifteen] Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to [20] 12 days before the primary election;

      (b) [Fifteen] Seven days before the general election, whether or not the candidate won the primary election, for the period from [20] 12 days before the primary election up to [20] 12 days before the general election; and

      (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

      (a) [Fifteen] Seven days before the special election, for the period from his nomination up to [20] 12 days before the special election; and

      (b) Sixty days after the special election, for the remaining period up to 30 days after the special election,

report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.

      4.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      5.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection [2] 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

      [6.  If the secretary of state has received information that a candidate has not filed a report as required pursuant to the provisions of this section, the secretary of state shall, after giving notice to the candidate, cause the appropriate proceedings to be instituted in a court of competent jurisdiction.


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ê1997 Statutes of Nevada, Page 247 (Chapter 118, SB 215)ê

 

secretary of state shall, after giving notice to the candidate, cause the appropriate proceedings to be instituted in a court of competent jurisdiction.

      7.  Except as otherwise provided in this section, any candidate who violates any of the provisions of this section is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.

      8.  If a civil penalty is imposed because a candidate has reported his campaign expenses after the date the report is due, the amount of the civil penalty is:

      (a) If the report is not more than 7 days late, $25 for each day the report is late.

      (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

      (c) If the report is more than 15 days late, $100 for each day the report is late.]

      Sec. 30.  NRS 294A.210 is hereby amended to read as follows:

      294A.210  1.  Every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:

      (a) [Fifteen] Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to [20] 12 days before [that] the primary election or primary city election;

      (b) [Fifteen] Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from [20] 12 days before [that] the primary election or primary city election to [20] 12 days before the general election or general city election; and

      (c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,

report the expenditures made on behalf of a candidate or group of candidates in excess of [$500] $100 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of [$500] $100 since the beginning of the first reporting period.

      2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. [Expenditures made to communicate with the group’s own members on behalf of a candidate or group of candidates must not be included in the report.]


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ê1997 Statutes of Nevada, Page 248 (Chapter 118, SB 215)ê

 

      3.  If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate and itemized by the candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

      [5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.]

      Sec. 31.  NRS 294A.220 is hereby amended to read as follows:

      294A.220 1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:

      (a) [Fifteen] Seven days before a primary election or primary city election, for the period from 30 days after the last general election [for that office to 20] to 12 days before [that] the primary election or primary city election;

      (b) [Fifteen] Seven days before a general election or general city election , [whether or not the candidate won the primary election or primary city election,] for the period from [20] 12 days before [that] the primary election or primary city election to [20] 12 days before the general election or general city election; and

      (c) The 15th day of the second month after [a] the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

report expenditures made on behalf of or against a question or group of questions on the ballot in excess of [$500] $100 on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include the identification of expenditures which the person or group made cumulatively in excess of [$500] $100 since the beginning of the first reporting period.

      2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. [Expenditures made to communicate with the group’s own members on behalf of or against a question or group of questions must not be included in the report.]

      3.  If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.


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ê1997 Statutes of Nevada, Page 249 (Chapter 118, SB 215)ê

 

questions, the reports must be made to the officer appropriate for each question and must be itemized by question. A person may make his report to the appropriate filing officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

      [5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.]

      Sec. 32.  NRS 294A.270 is hereby amended to read as follows:

      294A.270 1.  Except as otherwise provided in subsection [2,] 3, each committee for the recall of a public officer shall, not later than:

      (a) [Fifteen] Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to [20] 12 days before the special election; and

      (b) Thirty days after the election, for the remaining period up to the election,

report each contribution received or made by the committee in excess of [$500] $100 on a form provided by the secretary of state and signed under [the penalty for] penalty of perjury.

      2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received or made by the committee in excess of [$500.] $100.

      3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each contribution received or made by the committee in excess of [$500.] $100.

      4.  Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      5.  Each contribution, whether from or to a natural person, association or corporation, in excess of [$500,] $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution , [or contributions,] tabulated and reported on the form provided by the secretary of state.

      [6.  Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.]


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ê1997 Statutes of Nevada, Page 250 (Chapter 118, SB 215)ê

 

      Sec. 33.  NRS 294A.280 is hereby amended to read as follows:

      294A.280 1.  Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:

      (a) [Fifteen] Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to [20] 12 days before the special election; and

      (b) Thirty days after the election, for the remaining period up to the election,

report each expenditure made by the committee in excess of [$500] $100 on a form provided by the secretary of state and signed under [the penalty for] penalty of perjury.

      2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of [$500.] $100.

      3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each expenditure made by the committee in excess of [$500.] $100.

      4.  The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of [$500] $100 since the beginning of the first reporting period.

      5.  Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      [6.  Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.]

      Sec. 34.  NRS 294A.300 is hereby amended to read as follows:

      294A.300  1.  It is unlawful for a member of the legislature, the lieutenant governor, the lieutenant governor-elect, the governor or the governor-elect to solicit or accept any monetary contribution, or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:

      (a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or

      (b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.

      2.  [A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.]  This section does not prohibit the payment of a salary or other compensation or income to a member of the legislature, the lieutenant governor or the governor during a session of the legislature if it is made for services provided as a part of his regular employment or is additional income to which he is entitled.


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ê1997 Statutes of Nevada, Page 251 (Chapter 118, SB 215)ê

 

services provided as a part of his regular employment or is additional income to which he is entitled.

      Sec. 35.  NRS 294A.310 is hereby amended to read as follows:

      294A.310  1.  A member of an organization whose primary purpose is to provide support for legislators of a particular political party and house shall not solicit or accept contributions on behalf of the legislators or the organization, or solicit or accept a commitment to make such a contribution during the period beginning:

      (a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or

      (b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.

      2.  A person shall not make or commit to make a contribution or commitment prohibited by subsection 1.

      3.  A person shall not accept a contribution on behalf of another person to avoid the prohibitions of this section.

      [4.  A person who violates any provision of this section is guilty of a misdemeanor.]

      Sec. 36.  NRS 294A.320 is hereby amended to read as follows:

      294A.320  1.  Except as otherwise provided in subsection 2, it is unlawful for any person to publish any material or information relating to an election, candidate or any question on a ballot unless that material or information contains:

      (a) The name and mailing or street address of each person who has paid for or who is responsible for paying for the publication; and

      (b) A statement that each such person has paid for or is responsible for paying for the publication.

      2.  The provisions of subsection 1 do not apply:

      (a) To any candidate or to the political party of that candidate which pays for or is responsible for paying for any billboard, sign or other form of advertisement which refers only to that candidate and in which the candidate’s name is prominently displayed.

      (b) If the material is expressly approved and paid for by the candidate and the cost of preparation and publishing has been reported by the candidate as a campaign contribution pursuant to NRS 294A.120.

      (c) To a natural person who acts independently and not in cooperation with or pursuant to any direction from a business or social organization, nongovernmental legal entity or governmental entity.

      3.  Any identification that complies with the requirements of the Communications Act of 1934 and the regulations adopted pursuant to the act shall be deemed to comply with the requirements of this section.

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

      5.]  As used in this section:

      (a) “Material” means any printed or written matter or any photograph.

      (b) “Publish” means the act of:

             (1) Printing, posting, broadcasting, mailing or otherwise disseminating; or


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ê1997 Statutes of Nevada, Page 252 (Chapter 118, SB 215)ê

 

             (2) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated,

any material or information to the public.

      Sec. 37.  NRS 294A.360 is hereby amended to read as follows:

      294A.360  1.  Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.120, 294A.200 and 294A.350 for other offices not later than:

      (a) [Fifteen] Seven days before the primary city election, for the period from 30 days after the last election for that office up to [20] 12 days before the primary city election;

      (b) [Fifteen] Seven days before the general city election, whether or not the candidate won the primary city election, for the period from [20] 12 days before the primary city election up to [20] 12 days before the general city election; and

      (c) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

      2.  Every candidate for city office where there is no primary city election shall so file those reports:

      (a) [Twenty] Seven days before the general city election, for the period from 30 days after the last election for that office up to [30] 12 days before the general city election; and

      (b) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

      3.  The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.120 and 294A.200. The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.

      Sec. 38.  NRS 294A.390 is hereby amended to read as follows:

      294A.390  [1.]  The officer [with] from whom a candidate [files:

      (a)]or entity requests a form for:

      1.  A declaration of candidacy;

      [(b)]2.  An acceptance of candidacy; [or

      (c)]3.  An affidavit of candidacy [,] ;

      4.  The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to 294A.250; or

      5.  The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,

shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or section 12 of this act must be printed on the forms. The candidate or entity shall acknowledge receipt of the material.


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ê1997 Statutes of Nevada, Page 253 (Chapter 118, SB 215)ê

 

      [2.  The officer who is to receive reports pursuant to NRS 294A.140, 294A.150, 294A.210 and 294A.220 shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.]

      Sec. 39.  NRS 294A.400 is hereby amended to read as follows:

      294A.400  The secretary of state shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 and 294A.280, prepare and make available for public inspection a compilation of:

      1.  The total campaign contributions, the contributions which are in excess of [$500] $100 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of those contributions and expenses are required.

      2.  The contributions made to a committee for the recall of a public officer in excess of [$500.] $100.

      3.  The expenditures exceeding [$500] $100 made by a:

      (a) Person on behalf of a candidate other than himself.

      (b) Person or group of persons on behalf of or against a question or group of questions on the ballot.

      (c) Group of persons advocating the election or defeat of a candidate.

      (d) Committee for the recall of a public officer.

      4.  The contributions in excess of [$500] $100 made to:

      (a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

      (b) A person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot.

      (c) A committee for political action , political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates.

      Sec. 40.  NRS 294A.410 is hereby amended to read as follows:

      294A.410  [If]

      1.  Except as otherwise provided in sections 15 and 16 of this act, if it appears that the provisions of [NRS 294A.130 to 294A.180, inclusive, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,] this chapter have been violated [:

      1.  The] , the secretary of state [shall report the alleged violation to the attorney general; and

      2.  A county or city clerk shall report the alleged violation to the appropriate district attorney,

and the attorney general or district attorney to whom the report is made shall cause] may:

      (a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the first judicial district court; or

      (b) Refer the alleged violation to the attorney general. The attorney general shall investigate the alleged violation and institute and prosecute the appropriate proceedings [to be instituted and prosecuted in a court of competent jurisdiction] in the first judicial district court without delay.


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ê1997 Statutes of Nevada, Page 254 (Chapter 118, SB 215)ê

 

appropriate proceedings [to be instituted and prosecuted in a court of competent jurisdiction] in the first judicial district court without delay.

      2.  A person who believes that any provision of this chapter has been violated may notify the secretary of state, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include any information in support of the alleged violation.

      Sec. 41.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a request for an opinion is filed with the commission pursuant to section 15 or 16 of this act, the commission shall conduct a public hearing on the request. Except as otherwise provided in subsection 6, the hearing must be held as expeditiously as possible, but not later than 15 days after the receipt of the request for the opinion.

      2.  Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:

      (a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated section 15 of this act acted with actual malice; and

      (b) Decline to render an opinion.

The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.

      3.  The commission shall immediately notify any person alleged to have violated section 15 or 16 of this act that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing no later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commission’s hearing on the matter.

      4.  A person notified pursuant to subsection 3 shall submit a response to the commission no later than at the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:

      (a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and

      (b) Prohibit that person from responding and presenting evidence at the hearing.

The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.


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ê1997 Statutes of Nevada, Page 255 (Chapter 118, SB 215)ê

 

      5.  Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated section 15 or 16 of this act to:

      (a) Be represented by counsel; and

      (b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.

      6.  At the request of:

      (a) The person or group of persons that filed the request for the opinion pursuant to section 15 or 16 of this act; or

      (b) The person alleged to have violated the provisions of section 15 or 16 of this act,

the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.

      7.  The person or group of persons that filed the request for the opinion pursuant to section 15 or 16 of this act has the burden of proving the elements of the offense, including that a person alleged to have violated section 15 of this act acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence.

      8.  The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of section 15 or 16 of this act or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.

      9.  A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.

      10.  Each request for an opinion filed pursuant to section 15 or 16 of this act, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.

      11.  For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.


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ê1997 Statutes of Nevada, Page 256 (Chapter 118, SB 215)ê

 

discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.

      12.  Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commission’s deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.

      Sec. 42.  NRS 281.431 is hereby amended to read as follows:

      281.431  As used in NRS 281.411 to 281.581, inclusive, and section 41 of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4365, inclusive, have the meanings ascribed to them in those sections.

      Sec. 43.  NRS 281.461 is hereby amended to read as follows:

      281.461  1.  The commission shall:

      (a) At its first meeting and annually thereafter elect a chairman and vice chairman from among its members.

      (b) Meet regularly at least once in each calendar quarter, unless there are no requests made for an opinion pursuant to NRS 281.511 [,] or section 15 or 16 of this act, and at other times upon the call of the chairman.

      2.  Members of the commission are entitled to receive a salary of not more than $80 per day, as fixed by the commission, while engaged in the business of the commission.

      3.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The commission shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of its duties relating to:

      (a) The administration of its affairs;

      (b) The review of statements of financial disclosure; and

      (c) The investigation of matters under its jurisdiction.

      5.  The commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.

      Sec. 44.  NRS 281.465 is hereby amended to read as follows:

      281.465  1.  The commission has jurisdiction [for the purposes of investigating and taking] to investigate and take appropriate action regarding an alleged violation of [this] :

      (a) This chapter by a public officer or employee or former public officer or employee in any proceeding commenced by:

      [(a)](1) The filing of a request for an opinion with the commission; or

      [(b)](2) A determination of the commission on its own motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.

      (b) Section 15 or 16 of this act in any proceeding commenced by the filing of a request for an opinion pursuant thereto.

      2.  The provisions of [this section] paragraph (a) of subsection 1 apply to a public officer or employee who:

      (a) Currently holds public office or is publicly employed at the commencement of proceedings against him.


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ê1997 Statutes of Nevada, Page 257 (Chapter 118, SB 215)ê

 

      (b) Resigns or otherwise leaves his public office or employment:

             (1) After the commencement of proceedings against him; or

             (2) Within 1 year after the alleged violation or reasonable discovery of the alleged violation.

      Sec. 45.  NRS 281.475 is hereby amended to read as follows:

      281.475  1.  The chairman and vice chairman of the commission may administer oaths.

      2.  The commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of books and papers. Before issuing such a subpoena, the commission shall submit a written request to the public officer or public employee who is the subject of an inquiry or opinion of the commission, or to the person or group of persons requesting an opinion pursuant to section 15 or 16 of this act, requesting:

      (a) His appearance , or the appearance of a representative of the group, as a witness;

      (b) The appearance as a witness of any other person who may have information relating to the inquiry or opinion; or

      (c) The production of any books and papers.

Each such request must specify the time and place for the attendance of any witness or the production of any books and papers, and designate with certainty the books and papers requested, if any. If the public officer or other witness fails or refuses to attend or produce the books and papers requested by the commission, the commission may issue the subpoena.

      3.  If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the chairman of the commission may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the commission pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the commission.

      4.  [Upon] Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the commission. If the witness has been subpoenaed by the commission in response to a request for an opinion filed pursuant to section 15 or 16 of this act, the court shall direct the witness to appear before the court as expeditiously as possible to allow the commission to render its opinion within the time required by section 41 of this act. A certified copy of the order must be served upon the witness.

      5.  If it appears to the court that the subpoena was regularly issued by the commission, the court shall enter an order that the witness appear before the commission, at the time and place fixed in the order, and testify or produce the required books and papers.


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ê1997 Statutes of Nevada, Page 258 (Chapter 118, SB 215)ê

 

or produce the required books and papers. Upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 46.  NRS 281.521 is hereby amended to read as follows:

      281.521  1.  The commission’s opinions may include guidance to a public officer or employee on questions whether:

      (a) A conflict exists between his personal interest and his official duty.

      (b) His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.

      (c) The conflict would materially affect the independence of the judgment of a reasonable person in his situation.

      (d) He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.

      (e) It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest or pursue some other designated course of action in the matter.

      2.  [The] Except as otherwise provided in sections 15, 16 and 41 of this act, the commission’s opinions may not include guidance to a public officer or employee on questions regarding the provisions of chapter 294A of NRS.

      Sec. 47.  NRS 281.551 is hereby amended to read as follows:

      281.551  1.  In addition to any other penalty provided by law, the commission may impose on a public officer or employee or former public officer or employee civil penalties not to exceed $5,000 for a willful violation of this chapter.

      2.  In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on any person who knowingly or maliciously submits to the commission any false accusation or false information, or submits to the commission any false accusation or false information in bad faith or who, by fraud or artifice, prevents the discovery of a violation of this chapter.

      3.  In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on a person, other than the person about whom an opinion is requested, who:

      (a) Participates in any activity relating to the request for the opinion;

      (b) Is directed by the commission to comply with the requirements relating to confidentiality set forth in subsection 4 of NRS 281.511; and

      (c) Subsequently violates those requirements.

      4.  If the commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the commission may, in addition to any other penalty, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

      5.  Except as otherwise provided in this subsection, and in addition to any other penalty provided by law, the commission may impose on any person who violates any provision of section 15 or 16 of this act a civil penalty not to exceed $10,000. If the commission finds that a violation of section 15 or 16 of this act occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000.


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ê1997 Statutes of Nevada, Page 259 (Chapter 118, SB 215)ê

 

including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000.

      6.  If the commission finds that a violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.

      [6.]7.  Any action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 shall be deemed not to be a willful violation of any provision of those sections if the public officer or employee:

      (a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee;

      (b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and

      (c) The action taken was not contrary to any prior opinion issued by the commission to the public officer or employee.

      [7.]8.  In addition to any other penalty provided by law, a public employee who willfully violates any provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

      [8.]9.  NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of any of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.

      [9.]10.  The imposition of a civil penalty pursuant to subsections 1 to [4,] 5, inclusive, is a final decision for the purposes of judicial review.

      Sec. 48.  NRS 294A.110 is hereby repealed.

      Sec. 49.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 260ê

 

CHAPTER 119, SB 237

Senate Bill No. 237–Senators Wiener, James, Adler, Coffin, McGinness, Porter, Schneider, Titus and Washington

CHAPTER 119

AN ACT relating to crimes; providing an additional penalty for crimes committed with the assistance of a minor; and providing other matters properly relating thereto.

 

[Approved June 5, 1997]

 

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

 

      Section 1.  Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 193.169 and 454.306, an adult who, with the assistance of a child:

      (a) Commits a crime that is punishable as a category A or a category B felony shall be punished by imprisonment in the state prison for an additional term equal to the term of imprisonment prescribed by statute for the crime.

      (b) Commits any felony other than a category A or a category B felony shall be punished by imprisonment in the state prison for an additional term not less than 25 percent and not more than 100 percent of the term of imprisonment prescribed by statute for the crime.

An additional sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  As used in this section:

      (a) “Adult” means a person who is 18 years of age or older.

      (b) “Child” means a person who is less than 18 years of age.

      Sec. 2.  NRS 193.169 is hereby amended to read as follows:

      193.169  1.  A person who is sentenced to an additional term of imprisonment pursuant to the provisions of NRS 193.161, 193.163, 193.165, 193.167, 193.1675, 193.168 [, 453.3343] or 453.3345 , or section 1 of this act, must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      2.  This section does not:

      (a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1.

      (b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of more than one of the sections listed in subsection 1 and introducing evidence to prove the alternative allegations.

 

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