[Rev. 3/18/2013 2:09:03 PM]

Link to Page 1456

 

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

ê1997 Statutes of Nevada, Page 1457 (Chapter 410, AB 609)ê

 

       5.  Sections [7,] 129.5, 130.2, 130.4, and 130.6 of this act become effective on July 1, 1999.

      Sec. 80.  1.  NRS 616B.110 is hereby repealed.

      2.  Sections 54, 104 and 106 of chapter 580, Statutes of Nevada 1995, at pages 2011, 2032 and 2033, respectively, are hereby repealed.

      Sec. 81.  1.  This section and sections 4 to 10, inclusive, 13, 15, 15.5, 16, 17, 20, 27, 28, 36, 40.5, 42, 61, 76, 78, 79 and 80 of this act become effective on July 1, 1997.

      2.  Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1997.

      3.  Sections 1, 11, 26, 35, 37, 38, 39, 43, 45, 46, 49, 50, 51, 52, 53, 54, 58 and 59 of this act become effective on January 1, 1998.

      4.  Sections 18, 23, 40, 48, 56, 57, 60, 77 and 77.5 of this act become effective on July 1, 1999.

      5.  Sections 3, 12, 21, 22, 41, 62, 62.5, 63, 65, 67, 70, 72 and 74 of this act become effective at 12:01 a.m. on July 1, 1999.

      6.  Sections 64, 66, 68, 71, 73 and 75 of this act become effective on July 1, 2003.

________

 

CHAPTER 411, AB 606

Assembly Bill No. 606–Committee on Ways and Means

CHAPTER 411

AN ACT making appropriations to the University and Community College System of Nevada for the improvement of education through interactive computer programs; and providing other matters properly relating thereto.

 

[Approved July 16, 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 University and Community College System of Nevada for the purchase of computer hardware and software, communication services and related nonrecurring services necessary to enhance the System’s educational information network to improve access for students of the University and Community College System of Nevada, pupils in public schools and residents of this state to information and educational programs through the use of the Internet and interactive video:

For the fiscal year 1997-1998...................................................................... $1,550,000

For the fiscal year 1998-1999...................................................................... $1,550,000

      2.  Money from the appropriation made by subsection 1 must not be used for personnel costs.

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1997 Statutes of Nevada, Page 1458 (Chapter 411, AB 606)ê

 

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada for personnel costs associated with the enhancement of the System’s educational information network:

For the fiscal year 1997-1998......................................................................... $200,000

For the fiscal year 1998-1999......................................................................... $200,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  The University and Community College System of Nevada shall, on or before February 15, 1999, submit a report to the 70th Session of the Nevada Legislature which describes all expenditures of money appropriated by sections 1 and 2 of this act, the status of the System’s educational information network and the number and types of educational enhancements that were provided with the money appropriated.

      Sec. 4.  The University and Community College System of Nevada shall bear any additional costs associated with the enhancement and operation of the System’s educational information network.

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

________

 


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

ê1997 Statutes of Nevada, Page 1459ê

 

CHAPTER 412, AB 549

Assembly Bill No. 549–Assemblymen Ernaut, Berman, Hettrick, Perkins, Buckley, Williams, Marvel, Von Tobel, Ohrenschall, Amodei, Humke, Close, Herrera, Goldwater, Giunchigliani, Arberry, Anderson, Bache, Freeman, Lambert, Parks, Braunlin, Koivisto, Lee, Gustavson, Cegavske, Sandoval, Mortenson, Collins, Chowning, Evans, Manendo, Nolan and Price

CHAPTER 412

AN ACT relating to genetic information; prohibiting certain insurers from requiring an insured person or a member of his family to take a genetic test, to disclose whether he or a member of his family has taken a genetic test or to disclose genetic information concerning himself or a member of his family; prohibiting certain insurers from conditioning rates or other aspects of coverage for health care on the requirement that an insured person or a member of his family take a genetic test or on genetic information concerning an insured person or a member of his family; prohibiting the obtaining, retention or disclosure of any genetic information of a person under certain circumstances; providing for a civil action for damages caused by the unlawful disclosure of the genetic information of a person; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

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

      1.  Except as otherwise provided in subsection 2, an insurer who provides health insurance shall not:

      (a) Require an insured person or any member of his family to take a genetic test;

      (b) Require an insured person to disclose whether he or any member of his family has taken a genetic test or any genetic information of the insured person or a member of his family; or

      (c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on:

             (1) Whether the insured person or any member of his family has taken a genetic test; or

             (2) Any genetic information of the insured person or any member of his family.

      2.  The provisions of this section do not apply to an insurer who issues a policy of health insurance that provides coverage for long-term care or disability income.

      3.  As used in this section:

      (a) “Genetic information” means any information that is obtained from a genetic test.

      (b) “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:

             (1) Are linked to physical or mental disorders or impairments; or


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

ê1997 Statutes of Nevada, Page 1460 (Chapter 412, AB 549)ê

 

             (2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.

      Sec. 2.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, an insurer who provides group health insurance shall not:

      (a) Require an insured person or any member of his family to take a genetic test;

      (b) Require an insured person to disclose whether he or any member of his family has taken a genetic test or any genetic information of the insured person or a member of his family; or

      (c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on:

             (1) Whether the insured person or any member of his family has taken a genetic test; or

             (2) Any genetic information of the insured person or any member of his family.

      2.  The provisions of this section do not apply to an insurer who issues a policy of group health insurance that provides coverage for long-term care or disability income.

      3.  As used in this section:

      (a) “Genetic information” means any information that is obtained from a genetic test.

      (b) “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:

             (1) Are linked to physical or mental disorders or impairments; or

             (2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.

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

      1.  Except as otherwise provided in subsection 2, a carrier serving small employers shall not:

      (a) Require an insured person or any member of his family to take a genetic test;

      (b) Require an insured person to disclose whether he or any member of his family has taken a genetic test or any genetic information of the insured person or a member of his family; or

      (c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on:

             (1) Whether the insured person or any member of his family has taken a genetic test; or

             (2) Any genetic information of the insured person or any member of his family.

      2.  The provisions of this section do not apply to a carrier serving small employers who issues a policy of health insurance that provides coverage for long-term care or disability income.

      3.  As used in this section:


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

ê1997 Statutes of Nevada, Page 1461 (Chapter 412, AB 549)ê

 

      (a) “Genetic information” means any information that is obtained from a genetic test.

      (b) “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:

             (1) Are linked to physical or mental disorders or impairments; or

             (2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.

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

      1.  Except as otherwise provided in subsection 2, a corporation that provides health insurance shall not:

      (a) Require an insured person or any member of his family to take a genetic test;

      (b) Require an insured person to disclose whether he or any member of his family has taken a genetic test or any genetic information of the insured person or a member of his family; or

      (c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on:

             (1) Whether the insured person or any member of his family has taken a genetic test; or

             (2) Any genetic information of the insured person or any member of his family.

      2.  The provisions of this section do not apply to a corporation that issues a policy of health insurance that provides coverage for long-term care or disability income.

      3.  As used in this section:

      (a) “Genetic information” means any information that is obtained from a genetic test.

      (b) “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:

             (1) Are linked to physical or mental disorders or impairments; or

             (2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.

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

      1.  A health maintenance organization shall not:

      (a) Require an enrollee or any member of his family to take a genetic test;

      (b) Require an enrollee to disclose whether he or any member of his family has taken a genetic test or the genetic information of the enrollee or a member of his family; or

      (c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an enrollee based on:

             (1) Whether the enrollee or any member of his family has taken a genetic test; or


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

ê1997 Statutes of Nevada, Page 1462 (Chapter 412, AB 549)ê

 

             (2) Any genetic information of the enrollee or any member of his family.

      2.  As used in this section:

      (a) “Genetic information” means any information that is obtained from a genetic test.

      (b) “Genetic test” means a test, including or a laboratory test which uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:

             (1) Are linked to physical or mental disorders or impairments; or

             (2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.

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

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

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

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive, [or] and section 5 of [this act;] Assembly Bill No. 477 of this session and section 5 of this act;

      (c) The health care plan does not furnish comprehensive health care services as provided for in subsection 2 of NRS 695C.030;

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

             (1) The health maintenance organization does not meet the requirements of subsection 2 of NRS 695C.080; or

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

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

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

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

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

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


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

ê1997 Statutes of Nevada, Page 1463 (Chapter 412, AB 549)ê

 

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

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

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

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

      Sec. 7.  Chapter 629 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 18, inclusive, of this act.

      Sec. 8.  As used in sections 8 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9 and 10 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  “Genetic information” means any information that is obtained from a genetic test.

      Sec. 10.  “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:

      1.  Are linked to physical or mental disorders or impairments; or

      2.  Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.

      Sec. 11.  1.  The provisions of sections 8 to 18, inclusive, of this act, do not apply to any action taken by an insurer or a third-party administrator relating to a policy that provides coverage for long-term care or disability income.

      2.  As used in this section, “third-party administrator” has the meaning ascribed to it in NRS 616A.335.

      Sec. 12.  A person who takes a genetic test may inspect, or obtain any genetic information included in the records of his test.

      Sec. 13.  It is unlawful to obtain any genetic information of a person without first obtaining the informed consent of the person or the person’s legal guardian pursuant to section 16 of this act, unless the information is obtained:

      1.  By a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

      2.  To determine the parentage or identity of a person pursuant to NRS 56.020;


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

ê1997 Statutes of Nevada, Page 1464 (Chapter 412, AB 549)ê

 

      3.  To determine the paternity of a person pursuant to NRS 126.121 or 425.384;

      4.  For use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study;

      5.  To determine the presence of certain inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or

      6.  Pursuant to an order of a court of competent jurisdiction.

      Sec. 14.  1.  It is unlawful to retain genetic information that identifies a person, without first obtaining the informed consent of the person or the person’s legal guardian pursuant to section 16 of this act, unless retention of the genetic information is:

      (a) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      (b) Authorized pursuant to an order of a court of competent jurisdiction; or

      (c) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person.

      2.  A person who has authorized another person to retain his genetic information may request that person to destroy the genetic information. If so requested, the person who retains that genetic information shall destroy the information, unless retention of that information is:

      (a) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      (b) Authorized by an order of a court of competent jurisdiction;

      (c) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person; or

      (d) Authorized or required by state or federal law or regulation.

      3.  Except as otherwise provided in subsection 4 or by federal law or regulation, a person who obtains the genetic information of a person for use in a study shall destroy that information upon:

      (a) The completion of the study;

      (b) The withdrawal of the person from the study,

whichever occurs first.

      4.  A person whose genetic information is used in a study may authorize the person who conducts the study to retain that genetic information after the study is completed or upon his withdrawal from the study.

      Sec. 15.  It is unlawful to disclose or to compel a person to disclose the identity of a person who was the subject of a genetic test or to disclose genetic information of that person in a manner that allows identification of the person, without first obtaining the informed consent of that person or his legal guardian pursuant to section 16 of this act, unless the information is disclosed:

      1.  To conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      2.  To determine the parentage or identity of a person pursuant to NRS 56.020;

      3.  To determine the paternity of a person pursuant to NRS 126.121 or 425.384;


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

ê1997 Statutes of Nevada, Page 1465 (Chapter 412, AB 549)ê

 

      4.  Pursuant to an order of a court of competent jurisdiction;

      5.  By a physician and is the genetic information of a deceased person that will assist in the medical diagnosis of persons related to the deceased person by blood;

      6.  To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

      7.  To determine the presence of certain inheritable preventable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or

      8.  By an agency of criminal justice pursuant to NRS 179A.075.

      Sec. 16.  1.  Except as otherwise provided in subsection 2, the state board of health shall by regulation:

      (a) Establish a procedure for obtaining the informed consent of a person pursuant to sections 8 to 18, inclusive, of this act; and

      (b) Prescribe a form for use in obtaining the informed consent of a person. The form must include:

             (1) Information relating to the use and confidentiality of the genetic information of the person set forth in sections 8 to 18, inclusive, of this act; and

             (2) Any other information the state board of health may prescribe.

      2.  The state board of health is not required to adopt regulations establishing a procedure for obtaining the informed consent of a person pursuant to sections 8 to 18, inclusive, of this act, if the procedure for obtaining that consent is required by federal law or regulation.

      Sec. 17.  A person who violates any of the provisions of section 13, 14 or 15 of this act is guilty of a misdemeanor.

      Sec. 18.  Any person who suffers an injury as a result of the disclosure of his genetic information by another person in violation of section 15 of this act may bring a civil action for the recovery of his actual damages, including costs and attorney’s fees.

      Sec. 19.  The provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 20.  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. 21.  Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1466ê

 

CHAPTER 413, AB 517

Assembly Bill No. 517–Assemblymen Freeman and Lee

CHAPTER 413

AN ACT relating to nuisances; requiring the enactment of local ordinances to address the abatement of chronic nuisances; authorizing the enactment of local ordinances to provide for the reimbursement of costs incurred by the local government to abate certain conditions; providing that a place used for certain acts involving a controlled substance is a public nuisance; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:

      (a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;

      (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

      (c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on his property of two or more nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the district attorney for legal action; and

             (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the county will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      3.  If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public welfare or safety, the court shall order the county to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:

      (a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;


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

ê1997 Statutes of Nevada, Page 1467 (Chapter 413, AB 517)ê

 

      (b) Order the owner to pay the county for the cost incurred by the county in abating the condition; and

      (c) Order any other appropriate relief.

      4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the county to abate the chronic nuisance, the board may provide that the expense is a lien upon the property upon which such a chronic nuisance is located or occurring. The lien must be perfected by:

      (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

      (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

      5.  As used in this section:

      (a) A “chronic nuisance” exists:

             (1) When three or more nuisance activities exist or have occurred during any 30-day period on the property;

             (2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property;

             (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS; or

             (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043.

      (b) “Nuisance activity” means:

             (1) Criminal activity;

             (2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;

             (3) Excessive noise and violations of curfew; or

             (4) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.

      (c) “Person associated with the property” means a person who, on the occasion of a nuisance activity, has:

             (1) Entered, patronized or visited;

             (2) Attempted to enter, patronize or visit; or

             (3) Waited to enter, patronize or visit,

a property or a person present on the property.

      Sec. 2.  NRS 244.3605 is hereby amended to read as follows:

      244.3605  1.  Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:

      (a) Repair, safeguard or demolish a dangerous structure;


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

ê1997 Statutes of Nevada, Page 1468 (Chapter 413, AB 517)ê

 

      (b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or

      (c) Clear weeds and noxious plant growth,

[in order] to protect the public health, safety and welfare of the residents of the county.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by [registered or] certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and

             (2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision . [and for the period during which the owner appeals that decision.]

      (c) Provide the manner in which the county will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      (d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was required to abate the condition.

      3.  The board or its designee may direct the county to abate the condition on the property and may recover the amount expended by the county for labor and materials used to abate the condition if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice.

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order.

      (c) The board has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

      4.  In addition to any other reasonable means of recovering money expended by the county to abate the condition, the board may provide that the expense is a lien upon the property upon which such a condition is located. The lien must be perfected by:

      (a) Mailing by [registered or] certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

      (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.


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

ê1997 Statutes of Nevada, Page 1469 (Chapter 413, AB 517)ê

 

      Sec. 3.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  1.  The city council of a city may adopt by ordinance procedures pursuant to which the council or its designee may order an owner of property within the city to:

      (a) Repair, safeguard or demolish a dangerous structure;

      (b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or

      (c) Clear weeds and noxious plant growth,

to protect the public health, safety and welfare of the residents of the city.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent a notice, by certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and

             (2) Afforded an opportunity for a hearing before the designee of the council and an appeal of that decision to the council.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      (d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition;

      3.  The council or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice.

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order.

      (c) The council has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

      4.  In addition to any other reasonable means of recovering money expended by the city to abate the condition, the council may provide that the expense is a lien upon the property upon which such a condition is located. The lien must be perfected by:

      (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

      (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.


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

ê1997 Statutes of Nevada, Page 1470 (Chapter 413, AB 517)ê

 

      Sec. 5.  1.  Each city council may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to:

      (a) Seek the abatement of a chronic nuisance that is located or occurring within the city;

      (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

      (c) If applicable, seek penalties against the owner of the property within the city and any other appropriate relief.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by certified mail, return receipt requested, by the city police or other person authorized to issue a citation of the existence on his property of two or more nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the city attorney for legal action; and

             (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      3.  If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public welfare or safety, the court shall order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:

      (a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;

      (b) Order the owner to pay the city for the cost incurred by the city in abating the condition;

      (c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and

      (d) Order any other appropriate relief.

      4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the chronic nuisance, the council may provide that the expense is a lien upon the property upon which such a chronic nuisance is located or occurring. The lien must be perfected by:

      (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and


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

ê1997 Statutes of Nevada, Page 1471 (Chapter 413, AB 517)ê

 

      (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

      5.  As used in this section:

      (a) A “chronic nuisance” exists:

             (1) When three or more nuisance activities exist or have occurred during any 30-day period on the property;

             (2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property;

             (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS; or

             (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043.

      (b) “Nuisance activity” means:

             (1) Criminal activity;

             (2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;

             (3) Excessive noise and violations of curfew; or

             (4) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.

      (c) “Person associated with the property” means a person who, on the occasion of a nuisance activity, has:

             (1) Entered, patronized or visited;

             (2) Attempted to enter, patronize or visit; or

             (3) Waited to enter, patronize or visit,

a property or a person present on the property.

      Sec. 6.  NRS 40.140 is hereby amended to read as follows:

      40.140  1.  Except as otherwise provided in subsection 2, anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including, without limitation, a building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043, is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

      2.  It is presumed:

      (a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.


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

ê1997 Statutes of Nevada, Page 1472 (Chapter 413, AB 517)ê

 

      (b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      Sec. 7.  NRS 202.450 is hereby amended to read as follows:

      202.450  1.  A public nuisance is a crime against the order and economy of the state.

      2.  Every place:

      (a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

      (b) Wherein any fighting between animals or birds is conducted;

      (c) Wherein any dog races are conducted without a license as provided by law;

      (d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; [or]

      (e) Wherein a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043 is unlawfully sold, served, stored, kept, manufactured, used or given away; or

      (f) Where vagrants resort,

is a public nuisance.

      3.  Every act unlawfully done and every omission to perform a duty, which act or omission:

      (a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

      (b) Offends public decency;

      (c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

      (d) In any way renders a considerable number of persons insecure in life or the use of property,

is a public nuisance.

      4.  Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      Sec. 7.2.  Section 1 of Senate Bill No. 296 of this session is hereby amended to read as follows:

       Section 1.  NRS 40.140 is hereby amended to read as follows:

       40.140  1.  Except as otherwise provided in [subsection 2,] this section, anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including, without limitation, a building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043, is a nuisance, and the subject of an action.


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

ê1997 Statutes of Nevada, Page 1473 (Chapter 413, AB 517)ê

 

453.086 or controlled substance analog as defined in NRS 453.043, is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

       2.  It is presumed:

       (a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.

       (b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

       3.  A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

       (a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or

       (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.

A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

       4.  As used in this section, “shooting range” means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.

      Sec. 7.4.  Section 2 of Senate Bill No. 296 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 202.450 is hereby amended to read as follows:

       202.450  1.  A public nuisance is a crime against the order and economy of the state.

       2.  Every place:

       (a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

       (b) Wherein any fighting between animals or birds is conducted;

       (c) Wherein any dog races are conducted without a license as provided by law;

       (d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;

       (e) Wherein a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043 is unlawfully sold, served, stored, kept, manufactured, used or given away; or


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

ê1997 Statutes of Nevada, Page 1474 (Chapter 413, AB 517)ê

 

       (f) Where vagrants resort,

is a public nuisance.

       3.  Every act unlawfully done and every omission to perform a duty, which act or omission:

       (a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

       (b) Offends public decency;

       (c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

       (d) In any way renders a considerable number of persons insecure in life or the use of property,

is a public nuisance.

       4.  Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

       5.  A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

       (a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

       (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

       6.  As used in this section, “shooting range” has the meaning ascribed to it in NRS 40.140.

      Sec. 8.  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. 9.  The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 10.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1475ê

 

CHAPTER 414, AB 468

Assembly Bill No. 468–Committee on Education

CHAPTER 414

AN ACT relating to the University and Community College System of Nevada; requiring that certain credits earned at a community college be accepted and applied toward the requirements for graduation at any branch of the University of Nevada; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

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

      In accordance with the policy of the board of regents, all credits earned by a student in a course at a community college within the system must be accepted and applied toward the coursework required of the student in his major, if applicable, or other coursework required of the student, for the award of a baccalaureate degree upon graduation of the student from any university within the system if the catalog for the community college:

      1.  Designates the course as transferable by the system;

      2.  Identifies the course by the same title as the equivalent required course offered at a university; and

      3.  Contains the same description for the course as the equivalent required course offered at a university.

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

________

 

CHAPTER 415, AB 457

Assembly Bill No. 457–Committee on Judiciary

CHAPTER 415

AN ACT relating to crimes; authorizing a justice of the peace and a municipal judge to impose certain conditions on a person who is released on a suspended sentence or residential confinement; authorizing a justice of the peace and a municipal judge to issue a warrant for the arrest of a person who has violated a condition of his suspended sentence or residential confinement; providing that certain persons within a department of alternative sentencing have the powers of peace officers; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 4.373 is hereby amended to read as follows:

      4.373  1.  Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor.


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

ê1997 Statutes of Nevada, Page 1476 (Chapter 415, AB 457)ê

 

misdemeanor. [The] When the circumstances warrant, the justice of the peace may order [,] as a condition of suspension [,] that the offender:

      (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

      (b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

      (c) Actively participate in a program of professional counseling at the expense of the offender;

      (d) Abstain from the use of alcohol and controlled substances;

      (e) Refrain from engaging in any criminal activity; [and]

      (f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace [.] ;

      (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

      2.  The justice of the peace may order reports, from such persons and at such times as he deems appropriate, concerning the [offender’s] compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

      3.  The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

      Sec. 2.  NRS 4.3762 is hereby amended to read as follows:

      4.3762  1.  In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the [defendant] convicted person and the seriousness of the crime committed.

      2.  In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:

      (a) Require the [defendant] convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and

      (b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.

      3.  In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:

      (a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and


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

ê1997 Statutes of Nevada, Page 1477 (Chapter 415, AB 457)ê

 

      (b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

      4.  An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person’s] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the [person’s] activities of the person while inside his residence,

must not be used.

      [4.] 5.  A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

      6.  The justice of the peace may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.

      Sec. 3.  NRS 5.055 is hereby amended to read as follows:

      5.055  1.  Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. [The] When the circumstances warrant, the municipal judge may order [,] as a condition of suspension [,] that the offender:

      (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

      (b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

      (c) Actively participate in a program of professional counseling at the expense of the offender;

      (d) Abstain from the use of alcohol and controlled substances;

      (e) Refrain from engaging in any criminal activity; [and]

      (f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge [.] ;

      (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.

      2.  The municipal judge may order reports, from such persons and at such times as he deems appropriate, concerning the [offender’s] compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.


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

ê1997 Statutes of Nevada, Page 1478 (Chapter 415, AB 457)ê

 

      3.  The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

      Sec. 4.  NRS 5.076 is hereby amended to read as follows:

      5.076  1.  In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the [defendant] convicted person and the seriousness of the crime committed.

      2.  In sentencing a convicted person to a term of residential confinement, the municipal judge shall:

      (a) Require the [defendant] convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and

      (b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.

      3.  In sentencing a convicted person to a term of residential confinement, the municipal judge may, when the circumstances warrant, require the convicted person to submit to:

      (a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

      4.  An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person’s] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the [person’s] activities of the person while inside his residence,

must not be used.

      [4.] 5.  A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

      6.  The municipal judge may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.

      Sec. 5.  NRS 178.484 is hereby amended to read as follows:

      178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.


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

ê1997 Statutes of Nevada, Page 1479 (Chapter 415, AB 457)ê

 

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The state board of parole commissioners directs the detention facility to admit the person to bail; or

      (c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.

      3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail; or

      (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

      4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      [4.] 5.  A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.

      [5.] 6.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      [6.] 7.  Before a person may be admitted to bail, he must sign a document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      Sec. 6.  Chapter 211A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The chief or an assistant may arrest a probationer without a warrant if there is probable cause to believe that the probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.

      2.  Any other peace officer may arrest a probationer upon receipt of a written order by a chief or an assistant stating that there is probable cause to believe that a probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.


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

ê1997 Statutes of Nevada, Page 1480 (Chapter 415, AB 457)ê

 

to believe that a probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.

      3.  After making an arrest, the chief, assistant or other peace officer shall immediately notify the sentencing court of the arrest of the probationer and shall submit a written report setting forth the act that constituted a violation of a condition of the suspended sentence or residential confinement of the probationer.

      4.  A chief, an assistant or another peace officer may immediately release from custody without any further proceedings any probationer arrested without a warrant pursuant to this section if he determines that there is not probable cause to believe that the person violated the condition of his suspended sentence or residential confinement.

      Sec. 7.  NRS 289.180 is hereby amended to read as follows:

      289.180  1.  The following persons have the powers of a peace officer:

      (a) The chief parole and probation officer appointed pursuant to NRS 213.1092 ; [.]

      (b) Assistant parole and probation officers appointed pursuant to NRS 213.1095 [.] ;

      (c) The chief of a department of alternative sentencing established pursuant to NRS 211A.080; and

      (d) Assistant alternative sentencing officers of a department of alternative sentencing.

      2.  A juvenile probation officer or assistant juvenile probation officer whose official duties require him to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      3.  A director of juvenile services has the powers of a peace officer in his judicial district when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      4.  The chief of the youth parole bureau of the division of child and family services in the department of human resources and the parole officers of the bureau have the powers of a peace officer in carrying out the functions of the bureau.

      5.  A director of a department of family, youth and juvenile services established pursuant to NRS 62.1264 has the powers of a peace officer in the county when carrying out duties pursuant to chapter 62 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.

      [6.  The chief of a department of alternative sentencing established pursuant to NRS 211A.080 and the assistant alternative sentencing officers of the department have the powers of a peace officer in the county when carrying out duties pursuant to NRS 211A.090, 211A.110 and 211A.120, including the power to arrest an adult criminal offender or detain a juvenile offender encountered while carrying out those duties.]

 


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

ê1997 Statutes of Nevada, Page 1481 (Chapter 415, AB 457)ê

 

including the power to arrest an adult criminal offender or detain a juvenile offender encountered while carrying out those duties.]

      Sec. 8.  Sections 1 and 3 of this act become effective at 12:01 a.m. on October 1, 1997.

      Sec. 9.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 

CHAPTER 416, AB 456

Assembly Bill No. 456–Committee on Judiciary

CHAPTER 416

AN ACT relating to traffic laws; providing an additional penalty for a violation of a speed limit in an area designated as a temporary traffic control zone for construction, maintenance or repair of a highway; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit:

      (a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

      (b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present,

shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection 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.

      2.  The penalty imposed for the primary offense and the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of work for the benefit of the community.

      3.  A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service shall cause to be erected:

      (a) A sign located before the beginning of such an area which states that a double penalty will be imposed upon a person who is convicted of violating the speed limit within the temporary traffic control zone;


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

ê1997 Statutes of Nevada, Page 1482 (Chapter 416, AB 456)ê

 

      (b) A sign to mark the beginning of the temporary traffic control zone; and

      (c) A sign to mark the end of the temporary traffic control zone.

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

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

________

 

CHAPTER 417, AB 11

Assembly Bill No. 11–Committee on Health and Human Services

CHAPTER 417

AN ACT relating to medical facilities; requiring certain facilities that provide care for elderly persons to file with the aging services division of the department of human resources a surety bond to provide indemnification to certain elderly patients; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in this section and sections 3 and 4 of this act, “older patient” means a patient who is 60 years of age or older.

      Sec. 3.  1.  Except as otherwise provided in subsection 6 and section 4 of this act, each facility for intermediate care, facility for skilled nursing, residential facility for groups and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the administrator of the aging services division of the department of human resources a surety bond:

      (a) If the facility or agency employs less than 7 employees, in the amount of $10,000;

      (b) If the facility or agency employs at least 7 but not more than 25 employees, in the amount of $50,000; or

      (c) If the facility or agency employs more than 25 employees, in the amount of $100,000.

      2.  A bond filed pursuant to this section must be executed by the facility or agency as principal and by a surety company as surety. The bond must be payable to the aging services division of the department of human resources and must be conditioned to provide indemnification to an older patient who the specialist for the rights of elderly persons determines has suffered property damage as a result of any act or failure to act by the facility or agency to protect the property of the older patient.


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

ê1997 Statutes of Nevada, Page 1483 (Chapter 417, AB 11)ê

 

      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the administrator of the aging services division of the department of human resources, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility or agency to protect the property of the older patient alleged to have occurred while the bond was in effect.

      5.  A license is suspended by operation of law when the facility or agency is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to section 4 of this act. The administrator of the aging services division of the department of human resources shall give the facility or agency at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The administrator of the aging services division of the department of human resources may exempt a residential facility for groups from the requirement of filing a surety bond pursuant to this section if the administrator determines that the requirement would result in undue hardship to the residential facility for groups.

      Sec. 4.  1.  As a substitute for the surety bond required pursuant to section 3 of this act, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups and an agency to provide nursing in the home may deposit with any bank or trust company authorized to do business in this state, upon approval from the administrator of the aging services division of the department of human resources:

      (a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state, or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.

      2.  The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by section 3 of this act. With the approval of the administrator of the aging services division, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the aging services division of the department of human resources and are negotiable only upon approval by the administrator of the aging services division.


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

ê1997 Statutes of Nevada, Page 1484 (Chapter 417, AB 11)ê

 

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be an amount at least equal to the surety bond required by section 3 of this act and must state that the amount may not be withdrawn except by direct and sole order of the administrator of the aging services division.

      Sec. 5.  NRS 449.030 is hereby amended to read as follows:

      449.030  1.  No person, state or local government or agency thereof may operate or maintain in this state any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive, [and] sections 2 to 7, inclusive, of [this act.] Assembly Bill No. 155 of this session and sections 2, 3 and 4 of this act.

      2.  Unless licensed as a freestanding facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the board.

      Sec. 6.  Chapter 427A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Within 1 year after an older patient sustains damage to his property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, agency or older patient may request a hearing before the specialist for the rights of elderly persons. If requested, the specialist for the rights of elderly persons shall conduct a hearing to determine whether the facility or agency is liable for damages to the patient. If the specialist for the rights of elderly persons determines that the facility or agency is liable for damages to the patient, he shall order the amount of the surety bond pursuant to section 3 of this act or the substitute for the surety bond necessary to pay for the damages pursuant to section 4 of this act to be released to the division. The division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      (c) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;


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

ê1997 Statutes of Nevada, Page 1485 (Chapter 417, AB 11)ê

 

      (d) “Older patient” has the meaning ascribed to it in section 2 of this act; and

      (e) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 7.  Each facility and agency that is required to file a surety bond pursuant to section 3 of this act shall file such bond or a substitute for the surety bond pursuant to section 4 of this act with the administrator of the aging services division of the department of human resources not later than November 1, 1997.

      Sec. 8.  Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 418, AB 306

Assembly Bill No. 306–Assemblymen Lee, Parks, Tiffany, Koivisto, Hickey, Gustavson, Nolan, Anderson, Collins and Arberry

CHAPTER 418

AN ACT relating to property; making various changes concerning wills; making various changes concerning an inventory and appraisement or record of value of the estate of a deceased; making various changes concerning the summary administration of estates; making various changes concerning small estates; making various changes concerning the presentation and payment of claims; authorizing competent successors to agree to alter the interests or amounts to which they are entitled in any manner; authorizing a trustee or executor to distribute property and money in divided or undivided interests and on a pro rata or nonpro rata basis; making various other changes concerning the kind of notice required in a matter concerning the will or estate of a deceased person; increasing the limit on the amount of value of an estate for which an appeal may be taken from an order or decree setting aside the estate; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 133 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the execution of the will.

      Sec. 3.  A specific devise passes subject to any mortgage existing on the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.

      Sec. 3.5.  Chapter 143 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner or of some other interested person.


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

ê1997 Statutes of Nevada, Page 1486 (Chapter 418, AB 306)ê

 

it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner or of some other interested person. A person with whom the personal representative may transact business may be made a party.

      2.  The matter must be set for hearing within 10 days after issuance of the temporary order unless the parties otherwise agree. Notice as the court directs must be given to the personal representative and his attorney of record, if any, and to any other party named defendant in the petition.

      3.  As used in this section:

      (a) “Person” includes, without limitation, a government, governmental agency or political subdivision of a government.

      (b) “Personal representative” includes, without limitation, an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.

      Sec. 4.  Chapter 144 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The executor or administrator may engage a certified public accountant or other expert in valuation to ascertain the fair market value, as of the date of the death of the decedent, of the interest of the decedent in a corporation, partnership, limited-liability company or other association.

      2.  Any such certified public accountant or expert in valuation is entitled to a reasonable compensation for his services and may be paid the compensation by the executor or administrator out of the estate at any time after completion of the report of the valuation.

      Sec. 5.  NRS 144.030 is hereby amended to read as follows:

      144.030  1.  Before proceeding to the execution of his duty, each appraiser , certified public accountant or expert in valuation shall [take and subscribe an oath, before any person authorized to administer oaths,] certify that he will truly, honestly and impartially appraise or value the property [which is exhibited to him or called to his attention] according to the best of his knowledge and ability. The [oath must be attached to the inventory.] certification must be contained in the appraisal or valuation or filed with the court.

      2.  He shall then proceed to appraise the property of the estate. Each [article or parcel] item with an assessed value of more than $100 must be set down separately with the value thereof in dollars and cents in figures opposite to each [article or parcel, respectively.] item.

      3.  Any appraiser , certified public accountant or expert in valuation who directly or indirectly purchases any property of an estate which he has appraised [,] or valued, without full disclosure to and approval by the court, is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void.

      Sec. 6.  NRS 144.070 is hereby amended to read as follows:

      144.070  The [inventory must be signed by the appraiser or appraisers, and the] executor or administrator shall take and subscribe an oath, before any person authorized to administer oaths, that the inventory contains a true statement of all the estate of the deceased which has come to his possession or of which he has knowledge, and particularly of all money belonging to the deceased, and of all just claims of the deceased against the executor or administrator.


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

ê1997 Statutes of Nevada, Page 1487 (Chapter 418, AB 306)ê

 

the deceased, and of all just claims of the deceased against the executor or administrator. The oath must be endorsed upon or annexed to the inventory.

      Sec. 7.  NRS 145.020 is hereby amended to read as follows:

      145.020  All proceedings taken under this chapter, whether or not the decedent left a will, [shall] must be originated by a verified petition for letters testamentary or letters of administration containing:

      1.  Jurisdictional information;

      2.  A [specific] description of [all of the decedent’s property.

      2.] the property of the decedent, including, without limitation, the character and estimated value of the property; and

      3.  A list of [all the liens and encumbrances of record at the date of his death.

      3.  An estimate of the value of the property.] each heir, next of kin, legatee and devisee of the decedent. This list must include, without limitation, the name, age, address and relationship to the decedent of any such person.

      Sec. 8.  NRS 145.040 is hereby amended to read as follows:

      145.040  When it is made to appear to the court [, by affidavit or otherwise,] that the gross value of the estate does not exceed [$100,000,] $200,000, the court may, if deemed advisable considering the nature and character of the estate and the obligations thereof, make an order for a summary administration of the estate.

      Sec. 9.  NRS 146.070 is hereby amended to read as follows:

      146.070  1.  When a person dies leaving an estate, the gross value of which after deducting any encumbrances does not exceed [$25,000,] $50,000, and there is a surviving spouse or minor child or minor children of the deceased, the estate must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even though there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.

      2.  When there is no surviving spouse or minor child of the deceased and the gross value of a decedent’s estate, after deducting any encumbrances, does not exceed [$25,000,] $50,000, upon good cause shown therefor, the judge may order that the estate must not be administered upon but the whole thereof must be assigned and set apart:

      First: To the payment of funeral expenses, expenses of last illness, money owed to the department of human resources as a result of payment of benefits for Medicaid, and creditors, if there are any; and

      Second: Any balance remaining to the claimant or claimants entitled thereto [.] pursuant to the will of the decedent, and if no will, pursuant to intestate succession.

      3.  All proceedings taken under this section, whether or not the decedent left a will, must not begin until at least 30 days after the death of the decedent and must be originated by a verified petition containing:


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

ê1997 Statutes of Nevada, Page 1488 (Chapter 418, AB 306)ê

 

      (a) A specific description of all of the decedent’s property.

      (b) A list of all the liens and encumbrances of record at the date of his death.

      (c) An estimate of the value of the property.

      (d) A statement of the debts of the decedent so far as known to the petitioner.

      (e) The names, ages and residences of the decedent’s heirs, devisees and legatees.

The petition may include a prayer that if the court finds the gross value of the estate, less encumbrances, does not exceed [$25,000,] $50,000, the estate be set aside as provided in this section.

      4.  The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent’s heirs, devisees and legatees and to the state welfare [division of the department of human resources. The] administrator. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement [that a prayer for setting aside the estate to the spouse, or minor child or minor children, as the case may be, is included in the petition.] setting forth to whom the estate is being set aside.

      5.  No court or clerk’s fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.

      6.  If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of [$25,000,] $50,000, the court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond as in the discretion of the court seems to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.

      Sec. 10.  NRS 146.080 is hereby amended to read as follows:

      146.080  1.  When a decedent leaves no real property, nor interest therein nor lien thereon, in this state, and the gross value of the decedent’s property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed [$10,000, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, or the guardian of the estate of any minor or insane or incompetent person bearing that relationship to the decedent, if that] $20,000, a person who has a right to succeed to the property of the decedent [or] , a person who is the sole beneficiary under the last will and testament of the decedent [,] or the state welfare [division of the department of human resources,] administrator may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidences transferred.


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

ê1997 Statutes of Nevada, Page 1489 (Chapter 418, AB 306)ê

 

right of the affiant or affiants to receive the money or property or to have the evidences transferred.

      2.  An affidavit made pursuant to this section must state:

      (a) The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

      (b) That the decedent was a resident of Nevada at the time of his death;

      (c) That the gross value of the decedent’s property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed [$10,000,] $20,000, and that the property does not include any real property nor interest therein nor lien thereon;

      (d) That at least 40 days have elapsed since the death of the decedent;

      (e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

      (f) That all debts of the decedent, including funeral and burial expenses and money owed to the department of human resources as a result of the payment of benefits for Medicaid have been paid or provided for;

      (g) A description of the personal property and the portion claimed;

      (h) That the affiant has given written notice, by personal service or by certified mail, identifying his claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least [10] 14 days have elapsed since the notice was served or mailed; [and]

      (i) That the affiant is personally entitled, or the department of human resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property [.] ; and

      (j) That the affiant acknowledges that he understands that filing a false affidavit constitutes a felony in this state.

      3.  If the affiant:

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives is subject to all debts of the decedent.

      (b) Fails to give notice to other successors as required by subsection 2, any money or property he receives is held by him in trust for all other successors who have an interest in the property.

      4.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.

      5.  Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.


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

ê1997 Statutes of Nevada, Page 1490 (Chapter 418, AB 306)ê

 

      6.  If any property of the estate not exceeding [$10,000] $20,000 is located in a state which requires an order of a court for the transfer of the property, or if it consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified under the provisions of subsection 1 to have the stocks or bonds or other property transferred to him may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a verified petition in a court of competent jurisdiction containing:

      (a) A specific description of all of the property of the decedent.

      (b) A list of all the liens and encumbrances of record at the date of the decedent’s death.

      (c) An estimate of the value of the property of the decedent.

      (d) The names, ages and residences of the decedent’s heirs and legatees.

      (e) A prayer requesting the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed [$10,000.] $20,000.

If the court finds that the gross value of the estate does not exceed [$10,000] $20,000 and the person requesting the transfer is entitled to it, the court may issue an order directing the transfer.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  NRS 147.090 is hereby amended to read as follows:

      147.090  1.  No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death bars a cause of action surviving the death of the decedent sooner than 4 months after the death. A cause of action which, but for this section, would have been barred less than 4 months after death, is barred after 4 months, unless tolled.

      2.  A claim which is barred by the statute of limitations [shall] must not be allowed or approved by the executor or administrator, or by the judge. When a claim is presented to a judge for his allowance or approval, he may, in his discretion, examine the claimant and others on oath and hear any legal evidence touching the validity of the claim. No claim, which has been allowed, is affected by the statute of limitations, pending the administration of the estate.

      Sec. 13.  NRS 148.200 is hereby amended to read as follows:

      148.200  [1.]  Personal property may be sold for cash, or upon a credit.

      [2.  If a sale is made upon a credit, not less than 25 percent of the purchase price shall be paid in cash at the time of sale. The executor or administrator shall take the note of the purchaser for the balance of the purchase money, with a pledge or chattel mortgage of the personal property sold, to secure the payment of the balance, or shall enter into a conditional sale contract under which title is retained until such balance is paid, the terms of the note and pledge or chattel mortgage or contract to be approved by the court at the time of confirmation of sale.]

      Sec. 14.  NRS 150.230 is hereby amended to read as follows:

      150.230  1.  The executor or administrator shall, as soon as he has sufficient funds in his hands, upon receipt of a sworn statement of the amount due and without any formal action upon creditors’ claims, pay the funeral expenses, the expenses of the last sickness, the allowance made to the family of the deceased, money owed to the department of human resources as a result of payment of benefits for Medicaid and wage claims to the extent of $600 of each employee of the decedent for work done or personal services rendered within 3 months before the death of the employer , [;] but he may retain in his hands the necessary expenses of administration.


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

ê1997 Statutes of Nevada, Page 1491 (Chapter 418, AB 306)ê

 

funeral expenses, the expenses of the last sickness, the allowance made to the family of the deceased, money owed to the department of human resources as a result of payment of benefits for Medicaid and wage claims to the extent of $600 of each employee of the decedent for work done or personal services rendered within 3 months before the death of the employer , [;] but he may retain in his hands the necessary expenses of administration.

      2.  He is not obliged to pay any other debt or any legacy until the payment is ordered by the court.

      3.  He may, before court approval or order, pay any of the decedent’s debts amounting to [$100] $500 or less if:

      (a) Claims for payment thereof are properly filed in the proceedings;

      (b) The debts are justly due; and

      (c) The estate is solvent.

In settling the account of the estate, the court shall allow any such payment if the conditions of paragraphs (a), (b) and (c) have been met . [; otherwise,] Otherwise, the executor or administrator is personally liable to any person sustaining loss or damage as a result of such payment.

      4.  Funeral expenses and expenses of a last sickness are debts payable out of the estate of the deceased spouse and must not be charged to the community share of a surviving spouse, whether or not the surviving spouse is financially able to pay such expenses and whether or not the surviving spouse or any other person is also liable therefor.

      Sec. 15.  Chapter 151 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares or amounts to which they are entitled under the terms of the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the contract subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of the estate of decedents are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. This section does not relieve trustees of any duties owed to beneficiaries of trusts.

      2.  As used in this section:

      (a) “Personal representative” includes, without limitation, an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.

      (b) “Successors” means persons, other than creditors, who are entitled to property of a decedent under the terms of his will or pursuant to this Title.


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

ê1997 Statutes of Nevada, Page 1492 (Chapter 418, AB 306)ê

 

      Sec. 16.  NRS 151.090 is hereby amended to read as follows:

      151.090  1.  When a petition for final distribution is filed, the petitioner shall give notice of the hearing of the petition [by mail] to all persons individually entitled to notice as provided in NRS 155.010.

      2.  The court may order such further notice as it may deem proper.

      Sec. 17.  Chapter 153 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, or in the will or trust, a trustee or executor may distribute property and money:

      (a) In divided or undivided interests; and

      (b) On a pro rata or nonpro rata basis.

      2.  Each beneficiary must agree before any property or money is distributed on a nonpro rata basis, unless the will or trust authorizes a trustee or executor to distribute property and money on a nonpro rata basis.

      Sec. 18.  NRS 153.040 is hereby amended to read as follows:

      153.040  1.  The trustee or other fiduciary may petition the court, from time to time, for instructions as to the administration of the trust.

      2.  Upon the filing thereof, together with a verified statement of the trustee giving the names and post office addresses, if known, of the beneficiaries and any other persons interested in the granting of the petition, the clerk shall set the hearing by the court, and shall give notice thereof for the period and in the manner required by NRS 155.010.

      3.  The trustee shall cause notice of the hearing to be mailed to the beneficiaries [at their last known addresses,] and to all other persons interested in the granting of the petition, if any, as provided in NRS 155.010, whether they have requested special notice or given notice of appearance or not.

      [4.  If there be any beneficiaries or other persons interested in the granting of the petition whose post office addresses are unknown, the notice of the hearing on the petition shall be published in a daily newspaper on at least 2 different days before the hearing and at least 5 days must elapse between the last publication and the time set for hearing the petition.]

      Sec. 19.  NRS 155.010 is hereby amended to read as follows:

      155.010  1.  [Unless] Except as otherwise provided in a specific statute relating to the kind of notice required or otherwise ordered by the court in a particular instance, [every notice required by this Title shall be given by registered or certified mail, postage prepaid, at least 10 days prior to the date set for hearing or other action by the court. Each such notice shall be addressed to the intended recipient at his last known address, receipt for delivery requested.

      2.  Notice shall be given to each executor, administrator or trustee who is not a party to the filing and to any person who has requested notice as provided for in this chapter or who is otherwise entitled to individual notice pursuant to this Title.] a petitioner shall cause notice of the time and place of the hearing of a petition to be given to a person entitled to notice pursuant to this Title or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice must be given:

      (a) By mailing a copy thereof at least 10 days before the time set for the hearing by certified, registered or ordinary first-class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known, or by personally delivering a copy therof to the person being notified at least 10 days before the time set for the hearing; or

 


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

ê1997 Statutes of Nevada, Page 1493 (Chapter 418, AB 306)ê

 

person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known, or by personally delivering a copy therof to the person being notified at least 10 days before the time set for the hearing; or

      (b) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for 3 consecutive weeks a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which must be at least 10 days before the date set for the hearing.

      2.  The court, for good cause shown, may provide for a different method or time of giving notice for any hearing.

      3.  Proof of the giving of notice [shall] must be made [at] on or before the hearing [; and if it appears to the satisfaction of the court that the notice has been regularly given the court shall so find in its order, and the order, when it becomes final, is conclusive upon all persons.] and filed in the proceeding.

      4.  A person entitled to notice may, in writing, waive notice of the hearing of a petition.

      Sec. 20.  NRS 155.020 is hereby amended to read as follows:

      155.020  1.  Notice of a petition for the probate of a will and the issuance of letters testamentary or for letters of administration and the notice to creditors must be given to:

      (a) The persons respectively entitled thereto, including the state welfare administrator , [of the welfare division of the department of human resources, by mail] as provided in NRS 155.010; and

      (b) The public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once each week there must be at least 10 days from the first to last dates of publication, including both the first and last days.

      2.  Every publication required by this section must be made in a newspaper printed in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.

      3.  The notice of the hearing upon the petition to administer the estate must be in substantially the following form:

 

NOTICE OF THE HEARING UPON THE PETITION TO

ADMINISTER THE ESTATE

 

      Notice is hereby given that ................................ has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of ............................., deceased, and a hearing has been set for the .......... day of ................, 19......, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court.

All persons interested in the estate are notified to appear and show cause why the petition should not be granted.

      Dated..................


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

ê1997 Statutes of Nevada, Page 1494 (Chapter 418, AB 306)ê

 

      4.  As soon as practicable after appointment, every executor or administrator shall, in addition to publishing the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily ascertainable and who have not already filed a claim. The notice must be in substantially the following form:

 

NOTICE TO CREDITORS

 

      Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as executor or administrator (as the case may be) of the estate of ................................, deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.

      Dated..................

      Sec. 20.5.  NRS 155.190 is hereby amended to read as follows:

      155.190  In addition to any order or decree from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after its entry, from an order or decree:

      1.  Granting or revoking letters testamentary or letters of administration.

      2.  Admitting a will to probate or revoking the probate thereof.

      3.  Setting aside an estate claimed not to exceed [$25,000] $50,000 in value.

      4.  Setting apart property as a homestead, or claimed to be exempt from execution.

      5.  Granting or modifying a family allowance.

      6.  Directing or authorizing the sale or conveyance or confirming the sale of property.

      7.  Settling an account of an executor, administrator or trustee.

      8.  Instructing or appointing a trustee.

      9.  Instructing or directing an executor or administrator.

      10.  Directing or allowing the payment of a debt, claim, legacy or attorney’s fee.

      11.  Determining heirship or the persons to whom distribution must be made or trust property must pass.

      12.  Distributing property.

      13.  Refusing to make any order mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $1,000.

      14.  Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.

      Sec. 21.  NRS 159.085 is hereby amended to read as follows:

      159.085  1.  Within 60 days after the date of his appointment, or, if necessary, such further time as the court may allow, a guardian of the estate shall make and file in the guardianship proceeding a verified inventory of all the property of the ward which comes to his possession or knowledge.


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

ê1997 Statutes of Nevada, Page 1495 (Chapter 418, AB 306)ê

 

      2.  Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, he shall make and file in the guardianship proceeding a verified supplemental inventory within 30 days after the property comes to his possession or knowledge or include the property in his next accounting. The court may order which of the two methods the guardian shall follow.

      3.  The court may order all or any part of the property of the ward appraised as provided in NRS 144.020, 144.030, 144.070 and 144.090 [.] and section 4 of this act.

      Sec. 22.  NRS 159.197 is hereby amended to read as follows:

      159.197  1.  After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the ward’s property to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.

      2.  If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the deceased ward’s property in the same manner as authorized by NRS 146.070, if the gross value of the property, less encumbrances, remaining in the hands of the guardian does not exceed [$25,000,] $50,000, or as authorized by NRS 146.080, if the gross value of the property remaining in the hands of the guardian does not exceed [$10,000.] $20,000.

      Sec. 23.  NRS 164.030 is hereby amended to read as follows:

      164.030  1.  Any trustee whose appointment has been confirmed, as provided in NRS 164.010, at any time thereafter may petition the court for instructions in the administration of the trust or for a construction of the trust instrument, or upon or after the filing of a final account, for the settlement and allowance thereof.

      2.  Upon the filing of the petition the court shall make an order fixing a time and place for hearing thereof, unless hearing has been waived in writing by the beneficiaries of the trust.

      3.  Unless otherwise ordered by the court, notice of the hearing [shall] must be given as follows:

      (a) The clerk shall [cause a copy of the order to be posted at the courthouse of the county where the proceedings are pending, at least 10 days before the day of the hearing; and] set the petition for hearing;

      (b) The petitioner must give notice stating the filing of the petition and the object and time of the hearing to all persons entitled to notice as provided in NRS 155.010; and

      (c) The trustee filing such petition shall cause a copy of the order to be delivered to the beneficiaries of the trust as follows:

             (1) By handing the notice or copy to the beneficiary personally or to his guardian, or attorney of record; or

             (2) By sending it by registered or certified mail with return receipt requested to such beneficiary, or his guardian or attorney of record, at the last known address of the addressee.

      4.  Upon the hearing the court shall make such order as it deems appropriate, which order [shall be] is final and conclusive as to all matters thereby determined and binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the supreme court may be taken from the order within 30 days from the entry thereof by filing notice of appeal with the clerk of the district court, who shall mail a copy of the notice to each adverse party who has appeared of record.


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

ê1997 Statutes of Nevada, Page 1496 (Chapter 418, AB 306)ê

 

supreme court may be taken from the order within 30 days from the entry thereof by filing notice of appeal with the clerk of the district court, who shall mail a copy of the notice to each adverse party who has appeared of record.

________

 

CHAPTER 419, AB 345

Assembly Bill No. 345–Assemblymen Anderson, Buckley, Evans, Chowning, Freeman, Bache, Arberry, Krenzer, Segerblom, Goldwater, Herrera and Lee

CHAPTER 419

AN ACT relating to railroads; requiring the public service commission of Nevada to collect an annual assessment from railroads to support the activities of the commission relating to railroad safety; authorizing certain expenditures by the commission for rail safety inspectors; imposing certain reporting requirements on railroads; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commission shall levy and collect an annual assessment from each railroad subject to the jurisdiction of the commission that transports cargo into, out of or through this state to support the activities of the commission relating to railroad safety.

      2.  The annual assessment levied on railroads:

      (a) Must be equal to the costs incurred by the commission that are not offset by the fees paid pursuant to NRS 459.512.

      (b) Must be not more than 1 cent per ton of cargo transported by the railroads into, out of or through this state during the immediately preceding calendar year.

      3.  On or before August 1 of each year, the commission shall:

      (a) Calculate the amount of the assessment to be levied pursuant to this section for the previous fiscal year; and

      (b) Mail to each railroad subject to the provisions of this section to the current address of the railroad on file with the commission a notice indicating the amount of the assessment. The failure of the commission to so notify a railroad does not invalidate the assessment.

      4.  An assessment levied pursuant to this section is due on or before October 1 of each year. Each railroad that is subject to the provisions of this section which fails to pay the assessment on or before November 1, shall pay, in addition to the assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent or $10, whichever is greater, except that no penalty may exceed $1,000 for each delinquent payment.


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

ê1997 Statutes of Nevada, Page 1497 (Chapter 419, AB 345)ê

 

      5.  If a railroad sells or transfers its certificate of public convenience and necessity or sells or transfers substantially all of its assets, the commission shall calculate, levy and collect the accrued assessment for the current year not later than 30 days after the sale or transfer, unless the purchaser or transferee has assumed liability for the assessment. For the purposes of this subsection, the jurisdiction of the commission over the sale or transfer of a railroad continues until the assessment of the railroad has been paid.

      6.  The commission may bring an appropriate action in its own name for the collection of any assessment and penalty that is not paid pursuant to this section.

      Sec. 2.  NRS 704.640 is hereby amended to read as follows:

      704.640  Any person who:

      1.  Operates any public utility to which NRS 704.005 to 704.751, inclusive, and section 1 of this act, applies without first obtaining a certificate of public convenience and necessity or in violation of its terms;

      2.  Fails to make any return or report required by NRS 704.005 to 704.751, inclusive, and section 1 of this act, or by the commission pursuant to NRS 704.005 to 704.751, inclusive [;] , and section 1 of this act;

      3.  Violates, or procures, aids or abets the violating of , any provision of NRS 704.005 to 704.751, inclusive [;] , and section 1 of this act;

      4.  Fails to obey any order, decision or regulation of the commission;

      5.  Procures, aids or abets any person in his failure to obey the order, decision or regulation; or

      6.  Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.751, inclusive, and section 1 of this act,

shall be fined not more than $500.

      Sec. 3.  Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized by the public service commission of Nevada:

      1.  During the fiscal year beginning July 1, 1997, and ending June 30, 1998, $145,000 for rail safety inspectors.

      2.  During the fiscal year beginning July 1, 1998, and ending June 30, 1999, $145,000 for rail safety inspectors.

      Sec. 4.  The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 5.  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. 6.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1498ê

 

CHAPTER 420, SB 308

Senate Bill No. 308–Senator O’Donnell

CHAPTER 420

AN ACT relating to local governmental administration; requiring a local government to specify the permissible payees that debtors of the local government may name on a check or other negotiable instrument intended as payment to the local government; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  All invoices or other notices issued by a local government to collect an account receivable must state that if the debtor wishes to pay by check or other negotiable instrument, such negotiable instrument must name as payee:

      (a)The local government; or

      (b)The title of the governmental official charged by law with the collection of such accounts.

In no event may the invoice or other notice state that a check or other negotiable instrument may name a natural person as payee.

      2.  Notwithstanding the provisions of subsection 1, a local government may deposit into the appropriate account a check or other negotiable instrument which it determines is intended as payment for an account receivable.

      3.  As used in this section, “local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including, without limitation, counties, cities, towns, boards, authorities, school districts and other districts organized pursuant to chapters 244, 244A, 309, 318, 379, 439, 450, 473, 474, 539, 541, 543 and 555 of NRS.

________

 


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

ê1997 Statutes of Nevada, Page 1499ê

 

CHAPTER 421, AB 617

Assembly Bill No. 617–Committee on Labor and Management

CHAPTER 421

AN ACT relating to industrial insurance; establishing deemed wages for managers of limited-liability companies for the purposes of industrial insurance; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 616B.624 is hereby amended to read as follows:

      616B.624  1.  If a quasi-public or private corporation or a limited-liability company is required to be insured [under] pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or company who:

      (a) Receives pay for services performed as an officer , manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.

      (b) Does not receive pay for services performed as an officer , manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per calendar year.

      2.  An officer or manager who does not receive pay for services performed as an officer , manager or employee of the corporation or company may elect to reject coverage by filing written notice thereof with the corporation or company and the system. The rejection is effective upon receipt of the notice by the system.

      3.  An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the system. The rescission is effective upon receipt of the notice by the system. If an officer or manager who has rejected coverage receives pay for services performed as an officer , manager or employee of the corporation [,] or company, the officer or manager shall be deemed to have rescinded that rejection.

      4.  A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for [their] its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.

      5.  A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.


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

ê1997 Statutes of Nevada, Page 1500 (Chapter 421, AB 617)ê

 

employee of the corporation, the corporation shall be deemed to have rescinded that rejection.

      Sec. 2.  NRS 617.207 is hereby amended to read as follows:

      617.207  1.  If a quasi-public or private corporation or limited-liability company is required to be insured [under] pursuant to this chapter, an officer of the corporation or a manager of the company who:

      (a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.

      (b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per calendar year.

      2.  An officer or manager who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation or company and the system. The rejection is effective upon receipt of the notice by the system.

      3.  An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the system. The rescission is effective upon receipt of the notice by the system.

      Sec. 3.  NRS 617.207 is hereby amended to read as follows:

      617.207  1.  If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:

      (a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.

      (b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per calendar year.

      2.  An officer or manager who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation or company and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.

      3.  An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer.

      Sec. 4.  Section 67 of chapter 580, Statutes of Nevada 1995, at page 2016, is hereby amended to read as follows:

       Sec. 67.  NRS 616B.624 is hereby amended to read as follows:

       616B.624  1.  If a quasi-public or private corporation or a limited-liability company is required to be insured pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of the company who:

       (a) Receives pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.


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

ê1997 Statutes of Nevada, Page 1501 (Chapter 421, AB 617)ê

 

       (b) Does not receive pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per calendar year.

       2.  An officer or manager who does not receive pay for services performed as an officer, manager or employee of the corporation or company may elect to reject coverage by filing written notice thereof with the corporation or company and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.

       3.  An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer. If an officer or manager who has rejected coverage receives pay for services performed as an officer, manager or employee of the corporation or company, the officer or manager shall be deemed to have rescinded that rejection.

       4.  A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.

       5.  A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.

      Sec. 5.  1.  Sections 1, 2 and 4 of this act become effective on October 1, 1997.

      2.  Section 3 of this act becomes effective on July 1, 1999.

________

 


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

ê1997 Statutes of Nevada, Page 1502ê

 

CHAPTER 422, SB 469

Senate Bill No. 469–Committee on Transportation

CHAPTER 422

AN ACT relating to license plates; requiring the director of the department of motor vehicles and public safety to order the redesign and preparation of motor vehicle license plates; providing for the issuance of such license plates; authorizing the refurbishment of vehicle license plates issued before a certain date; and providing other matters properly relating thereto.

 

[Approved July 16, 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.  At the request of a person who applies for the registration or renewal of the registration of a vehicle that has motor vehicle license plates which were issued before January 1, 1982, the department shall refurbish the license plates for a fee not to exceed the actual cost of the refurbishment.

      2.  If a motor vehicle license plate that was issued before January 1, 1982, is delivered to the department for refurbishment, the person who applies for the registration or renewal of registration of the vehicle shall display on the vehicle a temporary permit which must be affixed to the vehicle in a form, manner and position determined by the department.

      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 to 482.3794, inclusive, or 482.384, section 1 of Senate Bill No. 9 of this session and section 1 of [this act, or NRS 482.384,] Assembly Bill No. 32 of this session, the director shall order the redesign and 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.  Except as otherwise provided in subsection 3, the department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

      3.  The department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without the approval of the person.

      4.  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.


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

ê1997 Statutes of Nevada, Page 1503 (Chapter 422, SB 469)ê

 

vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      [3.] 5.  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] this 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.] 6.  The letters I and Q must not be used in the designation.

      [5.] 7.  Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

      Sec. 3.  The director of the department of motor vehicles and public safety shall:

      1.  Approve a new design of motor vehicle license plates pursuant to section 2 of this act not later than January 1, 2000; and

      2.  Ensure that the preparation of the redesigned motor vehicle license plates begins not later than 90 days after he approves the new design.

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

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

      3.  Section 1 of this act becomes effective on January 1, 2001.

________

 

CHAPTER 423, SB 464

Senate Bill No. 464–Senator Jacobsen

CHAPTER 423

AN ACT relating to tobacco products; requiring a wholesale dealer or retail dealer to provide certain information to the department of taxation concerning purchases of products made from tobacco other than cigarettes; requiring the licensing of wholesale dealers and retail dealers of tobacco products other than cigarettes by the department of taxation; clarifying the application of the tax imposed on products made from tobacco other than cigarettes to certain manufacturers or wholesale dealers who are not licensed in this state; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, a person shall not engage in the business of a wholesale dealer or retail dealer in this state unless he first obtains a license as a wholesale dealer or retail dealer from the department. A person may be licensed as a wholesale dealer and as a retail dealer.


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

ê1997 Statutes of Nevada, Page 1504 (Chapter 423, SB 464)ê

 

      2.  A person who wishes to engage in the business of a retail dealer is not required to obtain a license as a retail dealer pursuant to this section if he is licensed as a retail cigarette dealer pursuant to this chapter.

      3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 3.  1.  A wholesale dealer or retail dealer shall, not later than 20 days after the end of each month, submit to the department:

      (a) A list setting forth each purchase of products made from tobacco, other than cigarettes, that he made during the previous month; and

      (b) A copy of the invoice for each such purchase that is required to be provided to him pursuant to NRS 370.470.

      2.  The department shall maintain a record of the invoices for not less than 3 years after the receipt of those invoices.

      3.  The department may impose a penalty on a wholesale dealer or retail dealer who violates any of the provisions of subsection 1 as follows:

      (a) For the first violation within 7 years, a fine of $1,000.

      (b) For a second violation within 7 years, a fine of $5,000.

      (c) For a third or subsequent violation within 7 years, revocation of the license of the wholesale dealer or retail dealer.

      Sec. 4.  NRS 370.440 is hereby amended to read as follows:

      370.440  As used in NRS 370.440 to 370.503, inclusive, and sections 2 and 3 of this act unless the context otherwise provides:

      1.  “Retail dealer” means any person [other than a wholesale dealer] who is engaged in selling products made from tobacco, other than cigarettes, to customers.

      2.  “Sale” means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of products made from tobacco, other than cigarettes.

      3.  “Wholesale dealer” means any person who purchases products made from tobacco, other than cigarettes, directly from the manufacturer or who purchases those products from any other person who purchases them from the manufacturer to sell to retail dealers and who serves retail outlets from an established place of business including, but not limited to, the maintenance of a warehouse for the storage and distribution of those products.

      4.  “Wholesale price” means the established price for which a manufacturer sells a product made from tobacco, other than cigarettes, to a wholesale dealer before any discount or other reduction is made.

      Sec. 4.5.  NRS 370.450 is hereby amended to read as follows:

      370.450  1.  [There] Except as otherwise provided in subsection 2, there is hereby imposed upon the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this state a tax of 30 percent of the wholesale price of those products.

      2.  The provisions of subsection 1 do not apply to those products which are [shipped] :

      (a) Shipped out of the state for sale and use outside the state [.] ; or

      (b) Displayed or exhibited at a trade show, convention or other exhibition in this state by a manufacturer or wholesale dealer who is not licensed in this state.


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

ê1997 Statutes of Nevada, Page 1505 (Chapter 423, SB 464)ê

 

      3.  This tax must be collected and paid by the wholesale dealer to the department before the sale of [such] those products to the customer. The wholesale dealer is entitled to retain 2 percent of the taxes collected to cover the costs of collecting and administering the taxes.

      4.  Any wholesale dealer who sells any [such] of those products without first paying the tax provided for by this section is guilty of a misdemeanor.

      Sec. 5.  NRS 370.470 is hereby amended to read as follows:

      370.470  [The]

      1.  A wholesale dealer must [procure] obtain from each manufacturer or wholesale dealer who is not licensed in this state itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by [that manufacturer.] the manufacturer or wholesale dealer who is not licensed in this state. The wholesale dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this state separate invoices for each purchase made. The invoice must [show the] include:

      (a) The name and address of the manufacturer [, the] or wholesale dealer who is not licensed in this state;

      (b) The name and address of the wholesale dealer;

      (c) The date of the purchase [and the] ; and

      (d) The quantity and wholesale price [.] of those products.

      2.  A retail dealer must obtain from each manufacturer or wholesale dealer who is not licensed in this state itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by that manufacturer or wholesale dealer. The retail dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this state separate invoices for each purchase made. The invoice must include:

      (a) The name and address of the manufacturer or wholesale dealer who is not licensed in this state;

      (b) The name and address of the retail dealer;

      (c) The date of the purchase; and

      (d) The quantity and wholesale price of those products.

      Sec. 6.  NRS 370.510 is hereby amended to read as follows:

      370.510  The department may make all necessary regulations for the administration and enforcement of this chapter, including:

      1.  Necessary regulations for the keeping of records to [insure] ensure compliance with this chapter by persons dealing in both taxable and exempt cigarettes.

      2.  Regulations authorizing persons other than dealers to possess unstamped cigarettes.

      3.  Regulations relating to the licensing of wholesale dealers and retail dealers.

      Sec. 7.  The amendatory provisions of this act do not apply to offenses that are committed before December 31, 1997.

      Sec. 8.  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. 9.  This act becomes effective on December 31, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1506ê

 

CHAPTER 424, SB 463

Senate Bill No. 463–Committee on Finance

CHAPTER 424

AN ACT relating to the office of science, engineering and technology; transferring the office from the office of the governor to the University and Community College System of Nevada; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  There is hereby established within the system an office of science, engineering and technology.

      2.  The governor shall appoint the director of the office of science, engineering and technology. In making the appointment, the governor shall:

      (a) Give consideration to any recommendations submitted by the chancellor of the system;

      (b) Take reasonable actions to recruit from throughout the United States candidates who are qualified, including, without limitation, advertising the position in appropriate technical journals and publications; and

      (c) Assemble a panel of persons with appropriate experience in science, engineering and technology to make recommendations of qualified candidates for the position. The panel must include members of the Nevada Technology Council and the commission on economic development.

      3.  The director serves at the pleasure of the governor.

      4.  The director must have:

      (a) A graduate degree in an appropriate field of science or engineering;

      (b) Experience administering major scientific and engineering programs; and

      (c) Demonstrated experience in the development of plans and policies for state governments and the Federal Government.

      5.  If a vacancy occurs during the term of office of the director, the governor shall appoint a person to serve the remainder of the unexpired term in the manner provided in subsection 2.

      6.  The director shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation, except for consulting and academic pursuits that the governor determines:

      (a) Do not conflict with the duties of the director; and

      (b) May further the interests of this state.

      Sec. 3.  The director of the office of science, engineering and technology:

      1.  Shall serve as the state science, engineering and technology advisor to the governor, legislature, various agencies of this state, and businesses and industries located in this state.

      2.  May serve as a member of the Nevada Technology Council.


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

ê1997 Statutes of Nevada, Page 1507 (Chapter 424, SB 463)ê

 

      3.  Shall work in coordination with the commission on economic development to establish criteria and specific goals for economic development and diversification in this state in the areas of science, engineering and technology.

      4.  Shall identify and recommend policies:

      (a) To ensure that projects and resources located in this state which relate to science, engineering and technology are managed and coordinated to provide the greatest benefit to residents of this state.

      (b) Related to alternative uses of the Nevada Test Site that most effectively utilize the technology which is available at the site.

      (c) To establish programs that develop and enhance the scientific and mathematical skills of pupils in this state.

      (d) To coordinate the activities of the various agencies of this state to bring advanced technological programs that are federally funded or operated into this state.

      (e) To provide technical assistance to the commission on economic development and local authorities to bring advanced technology into this state.

      (f) To Provide advice and assistance to businesses and industries that are located in this state.

      5.  Shall not overlap or duplicate any work performed by the state climatologist, state engineer, state health officer or the executive director of the agency for nuclear projects.

      Sec. 4.  1.  The director of the office of science, engineering and technology may:

      (a) Accept any gift, donation, bequest or devise; and

      (b) Apply for and accept any grant, loan or other source of money,

to assist him in carrying out his duties.

      2.  The account for the office of science, engineering and technology is hereby created in the state general fund. Money accepted pursuant to subsection 1 must be deposited in the account for the office of science, engineering and technology. Money in the account must only be used to carry out the duties of the director.

      Sec. 5.  The director of the office of science, engineering and technology shall:

      1.  Report periodically to the chairman and executive director of the commission on economic development and the chancellor of the system concerning the administration of the policies and programs of the office of science, engineering and technology.

      2.  Submit a report to the director of the legislative counsel bureau on or before March 1 of each odd-numbered year for transmittal to the legislature. The report must include information that concerns the policies, programs, operations and functions of the office of science, engineering and technology and any recommendations of the office of science, engineering and technology for proposed legislation.

      Sec. 6.  NRS 231.500, 231.510, 231.520 and 231.530 are hereby repealed.

      Sec. 7.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1508ê

 

CHAPTER 425, SB 461

Senate Bill No. 461–Committee on Finance

CHAPTER 425

AN ACT relating to administrative assessments; increasing the administrative assessments for misdemeanors; revising the formula for the distribution of the proceeds of such assessments; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 176.059 is hereby amended to read as follows:

      176.059  1.  Except as otherwise provided in subsection 2, 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 prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

       Fine                                                                                                       Assessment

$5 to $49.................................................................................................. [$10]         $15

50 to 59...................................................................................................... [25]           30

60 to 69...................................................................................................... [30]           35

70 to 79...................................................................................................... [35]           40

80 to 89...................................................................................................... [40]           45

90 to 99...................................................................................................... [45]           50

100 to 199.................................................................................................. [55]           60

200 to 299.................................................................................................. [65]           70

300 to 399.................................................................................................. [75]           80

400 to 499.................................................................................................. [85]           90

500 to 1,000............................................................................................. [100]         105

 

      2.  The provisions of subsection 1 do not apply to:

      (a) An ordinance regulating metered parking; or

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

      3.  The money collected for an administrative assessment 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 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. 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.


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

ê1997 Statutes of Nevada, Page 1509 (Chapter 425, SB 461)ê

 

      4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

      5.  The money collected for administrative assessments in municipal court 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 distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) [One dollar and fifty cents] Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) [Two dollars and fifty cents] Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure . [in accordance with a plan for the acquisition of capital goods.] 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.

      (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

      6.  The money collected for administrative assessments 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 distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) [One dollar and fifty cents] Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) [Two dollars and fifty cents] Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure . [in accordance with a plan for the acquisition of capital goods.] 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.


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

ê1997 Statutes of Nevada, Page 1510 (Chapter 425, SB 461)ê

 

      (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

      7.  The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the [operation] operations of the court, or to acquire [a computer] appropriate advanced technology or the use of [one,] such technology, or both. Money used to improve the [operation] operations of the court may include expenditures for:

      (a) Training and education of personnel;

      (b) Acquisition of capital goods;

      (c) Management and operational studies; or

      (d) Audits.

      8.  Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:

      (a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:

             (1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.

             (2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.

             (3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.

             (4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.

             (5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.

      (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

             (1) The central repository for Nevada records of criminal history;

             (2) The peace officers’ standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;

             (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and

             (4) The fund for the compensation of victims of crime.

      9.  As used in this section, “juvenile court” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

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

________

 


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

ê1997 Statutes of Nevada, Page 1511ê

 

CHAPTER 426, SB 400

Senate Bill No. 400–Senators James, Adler, Augustine, Jacobsen, Mathews, McGinness, Neal, O’Donnell, Porter, Raggio, Regan, Schneider, Shaffer, Titus, Washington and Wiener

CHAPTER 426

AN ACT relating to child labor; urging Congress to address problem of child labor; urging businesses not to sell products made through the labor of exploited children; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

      Whereas, Throughout the world, an estimated 200 million children are at work, with many of them working under intolerable conditions; and

      Whereas, Child labor distorts and degrades an entire society, where children are cheated out of their childhoods, denied even the most basic education and set out, often at an early age, to difficult and dangerous work at pitifully low wages; and

      Whereas, This abuse of children prevents many grown men and women from finding work because employers would rather hire and exploit their sons and daughters; and

      Whereas, Children as young as 6 years of age work 15 hours a day, 7 days a week, scrambling for food, drugged to enable them to work longer and faster and often bent, cowed and crippled from overwork, accidents and starvation; and

      Whereas, At a time when new technologies allow monetary investments to cross national borders with a keystroke on a computer and where capital can shop the world for the least expensive and most vulnerable workers, citizens of the United States must ensure that human values such as the dignity of working men and women and the dreams for their children continue to be honored; and

      Whereas, International economic competition must not be allowed to degenerate into a race to the bottom where standards under which most people live are sacrificed for the private profit of a privileged few; and

      Whereas, Companies in the United States must be held accountable for the actions of their contractors at home and abroad; and

      Whereas, Persons in business, labor and government in our country need to do more by taking action against sweatshops and child labor in our own country as well as in other countries in the world; now, therefore,

 

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

 

      Section 1.  1.  The Nevada Legislature hereby urges:

      (a) Congress to address the problem of child labor, both in the United States and abroad;


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

ê1997 Statutes of Nevada, Page 1512 (Chapter 426, SB 400)ê

 

      (b) Congress to support the adoption of the International Labor Organization convention on the elimination of child labor resulting from the 86th and 87th congressional sessions of the International Labor Organization in 1998 and 1999, respectively; and

      (c) Businesses in the State of Nevada not to sell products made through the labor of children.

      2.  The Secretary of the Senate shall prepare and transmit a copy of this act to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation.

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

________

 

CHAPTER 427, SB 385

Senate Bill No. 385–Committee on Finance

CHAPTER 427

AN ACT making an appropriation to the University and Community College System of Nevada to employ a health care program developer to study the role of certain programs of the system in meeting the needs of the State of Nevada relating to education and training for, and delivery of, health care; and providing other matters properly relating thereto.

 

[Approved July 16, 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 University and Community College System of Nevada the sum of $225,000 to employ a health care program developer to study the role of the health science and allied health programs of the University and Community College System of Nevada in meeting the needs of this state relating to education and training for, and contribution to, the delivery of health care, including, without limitation, the organization of health and health-related programs within the University and Community College System of Nevada.

      Sec. 2.  1.  The University of Nevada shall provide an office in the proximity of the Chancellor’s office for the health care program developer and any necessary staff.

      2.  The Interim Finance Committee shall appoint a member of the Senate and a member of the Assembly to assist the health care program developer in identifying and defining the needs of this state.

      3.  The results of the study must be submitted to the Interim Finance Committee for transmittal to the 70th session of the Nevada Legislature.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1997 Statutes of Nevada, Page 1513 (Chapter 427, SB 385)ê

 

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 428, SB 368

Senate Bill No. 368–Committee on Commerce and Labor

CHAPTER 428

AN ACT relating to contractors; requiring a contractor to file a bond or establish a deposit with the state contractors’ board to cover payroll expenses under certain circumstances; requiring the labor commissioner to notify the board after making a final written decision relating to certain claims filed against a contractor; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 624.270 is hereby amended to read as follows:

      624.270  1.  Before issuing a contractor’s license to any applicant, the board shall require that the applicant:

      (a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

      (b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.

      2.  Before granting renewal of a contractor’s license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.

      3.  Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, suspend or refuse to renew a license.

      4.  [The] Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than $50,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.310. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board after termination of the license, whichever occurs later, if there is no outstanding claim against it.


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

ê1997 Statutes of Nevada, Page 1514 (Chapter 428, SB 368)ê

 

board after termination of the license, whichever occurs later, if there is no outstanding claim against it.

      5.  After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board . [, but the] The board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting this requirement [.] or, pursuant to subsection 6, after notification of a final written decision by the labor commissioner. If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

      6.  If the board is notified by the labor commissioner pursuant to section 2 of this act that three substantiated claims for wages have been filed against a contractor within a 2-year period, the board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the board. The contractor shall maintain the bond or cash deposit for the period required by the board.

      7.  As used in this section, “substantiated claims for wages” has the meaning ascribed to it in section 2 of this act.

      Sec. 2.  Chapter 607 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The labor commissioner shall notify the state contractors’ board after three substantiated claims for wages have been filed against a contractor within a 2-year period. The notification must include a copy of the final written decision of the labor commissioner with regard to each such claim.

      2.  The labor commissioner may recommend to the state contractors’ board the amount of the bond or cash deposit that a contractor should be required to file or establish pursuant to subsection 6 of NRS 624.270.

      3.  As used in this section:

      (a) “Contractor” has the meaning ascribed to it in NRS 624.020.

      (b) “Substantiated claims for wages” means claims for wages against a contractor that the labor commissioner determines to be valid after providing notice and conducting a hearing pursuant to the provisions of this chapter.

________

 


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

ê1997 Statutes of Nevada, Page 1515ê

 

CHAPTER 429, SB 341

Senate Bill No. 341–Committee on Transportation

CHAPTER 429

AN ACT relating to businesses; providing uniform requirements for the display of signs and licenses of certain businesses licensed by the department of motor vehicles and public safety; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 482.327 is hereby amended to read as follows:

      482.327  1.  If a vehicle dealer has one or more branches, he shall procure from the department a license for each branch in addition to the license issued for his principal place of business.

      2.  The department shall specify on each license it issues:

      (a) The name of the licensee;

      (b) The location for which the license is issued; and

      (c) The name under which the licensee does business at that location.

      3.  Each vehicle dealer shall post each license issued to him by the department in a conspicuous place clearly visible to the general public at the location described in the license.

      4.  The department shall, by regulation, provide for the issuance of a temporary license for a licensed dealer to conduct business at a temporary location. Any such regulations must include the imposition of a reasonable fee for the issuance of the temporary license.

      Sec. 2.  NRS 482.332 is hereby amended to read as follows:

      482.332  [1.] At each of his established places of business, [a] each vehicle dealer and each broker shall [display] permanently affix a sign containing the name of his business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway [.

      2.  Each vehicle dealer shall post each license issued to him by the department in a conspicuous place at the location described in the license.] , except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      Sec. 3.  Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  At each of his established places of business, an automobile wrecker shall permanently affix a sign containing the name of his business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      Sec. 5.  At each of his established places of business, an operator of a salvage pool shall permanently affix a sign containing the name of his business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.


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

ê1997 Statutes of Nevada, Page 1516 (Chapter 429, SB 341)ê

 

      Sec. 5.5.  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 licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      4.  A license expires on April 30 of each year.

      [4.] 5.  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. 6.  NRS 487.200 is hereby amended to read as follows:

      487.200  Unless a greater penalty is provided in NRS 487.185, any person who violates any of the provisions of NRS 487.045 to 487.190, inclusive, and section 4 of this act, is guilty of a misdemeanor.

      Sec. 6.5.  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 licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      3.  A license expires on April 30 of each year.

      [3.] 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 487.450.

      Sec. 7.  NRS 487.510 is hereby amended to read as follows:

      487.510  Any person who violates any of the provisions of NRS 487.400 to 487.500, inclusive, and section 5 of this act, is guilty of a misdemeanor.


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

ê1997 Statutes of Nevada, Page 1517 (Chapter 429, SB 341)ê

 

      Sec. 8.  NRS 487.620 is hereby amended to read as follows:

      487.620  An operator of a body shop shall [maintain] :

      1.  Maintain an established place of business in this state which includes a permanent enclosed building owned in fee or leased by the operator with sufficient space to conduct safely the operations of the body shop.

      2.  At each of his established places of business, permanently affix a sign containing the name of his business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      Sec. 8.5.  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] post the license [number prominently] in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on 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. 9.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 10.  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. 11.  Sections 5.5, 6.5 and 8.5 of this act become effective at 12:01 a.m. on October 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1518ê

 

CHAPTER 430, AB 425

Assembly Bill No. 425–Committee on Government Affairs

CHAPTER 430

AN ACT relating to public officers; providing a procedure in certain counties whereby a district court may declare an office vacant if a local officer is prevented by sickness from discharging his duties for a certain period; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 283.040 is hereby amended to read as follows:

      283.040  1.  Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

      (a) The death or resignation of the incumbent.

      (b) The removal of the incumbent from office.

      (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

      (d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755.

      (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010 [;] or, when a bond is required by law, his refusal or neglect to give such a bond within the time prescribed by law.

      (f) The ceasing of the incumbent to be a resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office.

      (g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness [,] or absence from the state or county, as provided by law. In a county whose population is less than 10,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

             (1) The medical condition of the incumbent;

             (2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and

             (3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.


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

ê1997 Statutes of Nevada, Page 1519 (Chapter 430, AB 425)ê

 

      (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

      2.  Upon the happening of any of the events enumerated in subsection 1, should the incumbent fail or refuse to relinquish his office, the attorney general shall, if the office affected is a state office or concerns more than one county, or the district attorney shall, if the office affected is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring such office vacant.

      Sec. 2.  Section 2 of Assembly Bill No. 68 is hereby amended to read as follows:

       Sec. 2.  NRS 283.040 is hereby amended to read as follows:

       283.040  1.  Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

       (a) The death or resignation of the incumbent.

       (b) The removal of the incumbent from office.

       (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

       (d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755.

       (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010 , or, when a bond is required by law, his refusal or neglect to give such a bond within the time prescribed by law.

       (f) [The] Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be a resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office [.] or appointed to office.

       (g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than 10,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

             (1) The medical condition of the incumbent;

             (2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and


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

ê1997 Statutes of Nevada, Page 1520 (Chapter 430, AB 425)ê

 

             (3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.

       (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

       2.  Upon the happening of any of the events enumerated in subsection 1, should the incumbent fail or refuse to relinquish his office, the attorney general shall, if the office affected is a state office or concerns more than one county, or the district attorney shall, if the office affected is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring such office vacant.

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

________

 

CHAPTER 431, AB 404

Assembly Bill No. 404–Committee on Transportation

CHAPTER 431

AN ACT relating to operators of motor vehicles; restricting a person who is less than 18 years of age from receiving a driver’s license unless the person meets certain requirements; restricting educational and training courses for drivers to persons of a certain age; requiring the department of motor vehicles and public safety to adopt certain regulations; prohibiting a person from driving in violation of a curfew; making various changes regarding education and training for drivers; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  No school for training drivers may offer training or allow training to be provided by the school to a person whose age is less than 15 years.

      Sec. 3.  The department shall adopt regulations that set forth the number of hours of training which a person whose age is less than 18 years must complete in a course provided by a school for training drivers to be issued a license pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 483.250. The regulations must require that the number of hours that must be completed by such a person be comparable to the number of hours of instruction which would be required of such a person if he completed his training in a course provided pursuant to NRS 389.090.

      Sec. 3.5.  1.  The department may accept gifts and grants of money to provide grants of money to pupils who are less than 18 years of age and who need financial assistance to pay:

      (a) If a pupil is enrolled in a public school that provides instruction in automobile education, a laboratory fee required pursuant to NRS 389.100.

      (b) If a pupil is enrolled in a public school that does not provide instruction in automobile education, the costs and fees of a course provided by a school for training drivers that is licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act, and that complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090.


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

ê1997 Statutes of Nevada, Page 1521 (Chapter 431, AB 404)ê

 

by a school for training drivers that is licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act, and that complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090.

      2.  The department may, in consultation with the state board of education, adopt regulations to carry out the provisions of this section, including, without limitation, the:

      (a) Procedure by which a person may apply for a grant of money from the department;

      (b) Criteria that the department will consider in determining whether to award a grant of money; and

      (c) Procedure by which the department will distribute the money it receives pursuant to subsection 1.

      Sec. 4.  A person shall not operate a motor vehicle in a jurisdiction during any time when he is in violation of a curfew in the jurisdiction.

      Sec. 5.  NRS 483.250 is hereby amended to read as follows:

      483.250  The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of [16] 18 years, except that the department may issue:

      (a) A restricted license to a person between the ages of 14 and [16] 18 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of [16] 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

      (d) Except as otherwise provided in paragraph (e), a license to a person between the ages of 16 and 18 years who has completed a course:

             (1) In automobile driver education pursuant to NRS 389.090; or

             (2) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090,

and who has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal guardian of a person who desires to obtain a license pursuant to this paragraph must sign and submit to the department a form provided by the department which attests that the person who desires a license has completed the training and experience required by this paragraph.

      (e) A license to a person who is between the ages of 16 and 18 years if:

             (1) The public school in which he is enrolled is located in a county whose population is less than 35,000 or in a city or town whose population is less than 25,000;

             (2) The public school does not offer automobile driver education;


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

ê1997 Statutes of Nevada, Page 1522 (Chapter 431, AB 404)ê

 

             (3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280; and

             (4) His parent or legal guardian signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the experience required by subparagraph (3).

      2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

      3.  To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

      6.  To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to [drive] operate a motor vehicle [with safety upon the highways.] safely.

      7.  To any person who is not a resident of this state.

      8.  To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 or section 2 of [this act] Assembly Bill No. 176 of this session which delays his privilege to drive.

      9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.

      Sec. 6.  NRS 483.267 is hereby amended to read as follows:

      483.267  1.  The department may issue a restricted license to any [person] applicant between the ages of 14 and [16] 18 years which entitles him to drive a motor vehicle upon a highway if a member of his household has a medical condition which renders that member unable to operate a motor vehicle, and a hardship exists which requires the [younger person] applicant to drive.

      2.  An application for a restricted license under this section must:

      (a) Be made upon a form provided by the department.

      (b) Contain a statement that a person living in the same household with the applicant suffers from a medical condition which renders that person unable to operate a motor vehicle and explaining the need for the applicant to drive.

      (c) Be signed and verified as provided in NRS 483.300.

      (d) Contain such other information as may be required by the department.

      3.  A restricted license issued pursuant to this section:

      (a) Is effective for the period specified by the department;

      (b) Authorizes the licensee to operate a motor vehicle on a street or highway only under conditions specified by the department; and


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

ê1997 Statutes of Nevada, Page 1523 (Chapter 431, AB 404)ê

 

      (c) May contain other restrictions which the department deems necessary.

      4.  No license may be issued under this section until the department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

      Sec. 7.  NRS 483.270 is hereby amended to read as follows:

      483.270  1.  The department may issue a restricted license to any pupil between the ages of 14 and [16] 18 years who is attending:

      (a) A public school in a school district in this state in a county whose population is less than 35,000 or in a city or town whose population is less than 25,000 when transportation to and from school is not provided by the board of trustees of the school district [;] , if the pupil meets the requirements for eligibility adopted by the department pursuant to subsection 5; or

      (b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,

and it is impossible or impracticable to furnish such pupil with private transportation to and from school.

      2.  An application for the issuance of a restricted license under this section [shall:] must:

      (a) Be made upon a form provided by the department.

      (b) Be signed and verified as provided in NRS 483.300.

      (c) Contain such other information as may be required by the department.

      3.  Any restricted license issued pursuant to this section:

      (a) [Shall be] Is effective only for the school year during which it is issued or for a more restricted period.

      (b) [Shall authorize] Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.

      (c) [Shall] May contain such other restrictions as the department may deem necessary and proper.

      (d) May authorize the licensee to transport as passengers in a motor vehicle driven by him, only while he is going to and from school, members of his immediate family, or other minor persons upon written consent of the parents or guardians of such minors , [;] but in no event [shall] may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.

      4.  No restricted license [shall] may be issued under the provisions of this section until the department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

      5.  The department shall adopt regulations that set forth the requirements for eligibility of a pupil to receive a restricted license pursuant to paragraph (a) of subsection 1.

      Sec. 8.  NRS 483.280 is hereby amended to read as follows:

      483.280  1.  Any person who is at least 15 1/2 years of age may apply to the department for an instruction permit. The department may, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having [such] the permit in his immediate possession, to drive a motor vehicle upon the highways for a period of 8 months when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle.


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

ê1997 Statutes of Nevada, Page 1524 (Chapter 431, AB 404)ê

 

examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having [such] the permit in his immediate possession, to drive a motor vehicle upon the highways for a period of 8 months when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle. [No license may be issued until the applicant has reached the age of 16 years.] The term “licensed driving experience” as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.

      2.  The department may, in its discretion, issue a temporary driver’s permit to an applicant for a driver’s license permitting him to drive a motor vehicle while the department is completing its investigation and determination of all facts relative to [such] the applicant’s right to receive a driver’s license. [Such] The permit must be in his immediate possession while driving a motor vehicle, and [it shall be] is invalid when the applicant’s license has been issued or for good cause has been refused.

      3.  The department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or more restricted period, to an applicant who is enrolled in a driver education program which includes practice driving and which is approved by the department even though the applicant has not reached the legal age to be eligible for a driver’s license. [Such] The instruction permit [shall entitle] entitles the permittee , when he has [such] the permit in his immediate possession , to drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.

      Sec. 9.  NRS 483.620 is hereby amended to read as follows:

      483.620  It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and sections 3 and 4 of this act, unless such violation is , by NRS 483.010 to 483.630, inclusive, or other law of this state , declared to be a felony.

      Sec. 10.  NRS 483.725 is hereby amended to read as follows:

      483.725  Each course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act must include, without limitation, instruction in [motor] :

      1.  Motor vehicle insurance.

      2.  The effect of drugs and alcohol on an operator of a motor vehicle.

      Sec. 11.  NRS 389.090 is hereby amended to read as follows:

      389.090  1.  The state board [of education] shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this state.

      2.  The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.

      3.  The board of trustees of a school district may establish and maintain automobile driver education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:

 


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

ê1997 Statutes of Nevada, Page 1525 (Chapter 431, AB 404)ê

 

sessions and during the regular school day and at times other than during the regular school day for:

      (a) Pupils enrolled in the regular full-time day high schools in the school district.

      (b) Pupils enrolled in summer classes conducted in high schools in the school district.

      4.  A board of trustees maintaining courses in automobile driver education shall insure against any liability arising out of the use of motor vehicles in connection with those courses. The cost of the insurance must be paid from available school district funds.

      5.  Automobile driver education must be provided by boards of trustees of school districts in accordance with regulations of the state board [of education] and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.

      6.  Each course in automobile driver education provided by a board of trustees of a school district must include, without limitation, instruction in [motor] :

      (a) Motor vehicle insurance.

      (b) The effect of drugs and alcohol on an operator of a motor vehicle.

      7.  Each course in automobile driver education provided by a board of trustees of a school district must be restricted to pupils who are sophomores, juniors or seniors in high school.

      Sec. 11.5.  On or before October 1, 1998, the department of motor vehicles and public safety shall adopt the regulations required by section 7 of this act.

      Sec. 12.  1.  The amendatory provisions of section 4 of this act do not apply to offenses that are committed before the passage and approval of section 4 of this act.

      2.  The amendatory provisions of section 5 of this act do not apply to any person who has been issued a driver’s license before the effective date of section 5 of this act.

      Sec. 13.  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. 14.  1.  This section and sections 1, 3, 3.5, 4, 9, 11.5, 12 and 13 of this act become effective upon passage and approval.

      2.  Section 7 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 1998, for all other purposes.

      3.  Sections 2, 5, 6, 8, 10 and 11 of this act become effective on October 1, 1998, if before that date the Governor proclaims that the total amount of the gifts and grants of money accepted by the department of motor vehicles and public safety pursuant to section 3.5 of this act is $10,000 or more, as reported to him by the director of the department of motor vehicles and public safety.

________

 


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

ê1997 Statutes of Nevada, Page 1526ê

 

CHAPTER 432, AB 394

Assembly Bill No. 394–Assemblywoman Evans

CHAPTER 432

AN ACT relating to insurance; requiring policies of health insurance to provide coverage for certain digestive disorders; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

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

      1.  A policy of health insurance must provide coverage for:

      (a) Enteral formulas for use at home that are prescribed or ordered by a physician as medically necessary for the treatment of inherited metabolic diseases characterized by deficient metabolism, or malabsorption originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate or fat; and

      (b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).

      2.  The coverage required by subsection 1 must be provided whether or not the condition existed when the policy was purchased.

      3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  As used in this section:

      (a) “Inherited metabolic disease” means a disease caused by an inherited abnormality of the body chemistry of a person.

      (b) “Special food product” means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.

      Sec. 2.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of group health insurance must provide coverage for:

      (a) Enteral formulas for use at home that are prescribed or ordered by a physician as medically necessary for the treatment of inherited metabolic diseases characterized by deficient metabolism, or malabsorption originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate or fat; and

      (b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).

      2.  The coverage required by subsection 1 must be provided whether or not the condition existed when the policy was purchased.


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

ê1997 Statutes of Nevada, Page 1527 (Chapter 432, AB 394)ê

 

      3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  As used in this section:

      (a) “Inherited metabolic disease” means a disease caused by an inherited abnormality of the body chemistry of a person.

      (b) “Special food product” means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.

      Sec. 3.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A contract for hospital or medical service must provide coverage for:

      (a) Enteral formulas for use at home that are prescribed or ordered by a physician as medically necessary for the treatment of inherited metabolic diseases characterized by deficient metabolism, or malabsorption originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate or fat; and

      (b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).

      2.  The coverage required by subsection 1 must be provided whether or not the condition existed when the contract was purchased.

      3.  A contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

      4.  As used in this section:

      (a) “Inherited metabolic disease” means a disease caused by an inherited abnormality of the body chemistry of a person.

      (b) “Special food product” means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.

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

      1.  A health maintenance plan must provide coverage for:

      (a) Enteral formulas for use at home that are prescribed or ordered by a physician as medically necessary for the treatment of inherited metabolic diseases characterized by deficient metabolism, or malabsorption originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate or fat; and

      (b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).


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

ê1997 Statutes of Nevada, Page 1528 (Chapter 432, AB 394)ê

 

      2.  The coverage required by subsection 1 must be provided whether or not the condition existed when the health maintenance plan was purchased.

      3.  Any evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void.

      4.  As used in this section:

      (a) “Inherited metabolic disease” means a disease caused by an inherited abnormality of the body chemistry of a person.

      (b) “Special food product” means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.

      Sec. 5.  NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized pursuant to this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 and section 4 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid pursuant to a contract with the welfare division of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      Sec. 6.  Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1529ê

 

CHAPTER 433, AB 343

Assembly Bill No. 343–Assemblymen Carpenter, Anderson, Sandoval, de Braga, Amodei, Buckley, Segerblom, Tiffany, Dini, Lambert, Perkins, Herrera, Gustavson, Manendo, Koivisto, Nolan, Berman, Collins, Humke, Ohrenschall, Hettrick and Ernaut

CHAPTER 433

AN ACT relating to the supreme court of the State of Nevada; increasing the number of justices; providing for the election of the additional justices; authorizing the use of panels; providing for the abolishment of the positions of the additional justices in certain circumstances; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The supreme court may sit, hear and decide cases in panels of three justices. Concurrence of a majority of the justices sitting on a panel is necessary to decide a case. The full court shall reconsider any case decided by a panel if any two justices so request.

      2.  The full court may assign to a panel any case over which the supreme court has jurisdiction.

      3.  If panels of justices are established, the supreme court shall:

      (a) Adopt rules to govern the use of panels for the hearing and decision of cases.

      (b) Designate the places of holding court by panels.

      Sec. 2.  NRS 2.010 is hereby amended to read as follows:

      2.010  The supreme court shall consist of a chief justice and [four] six associate justices. Each justice hereafter elected or appointed shall be commissioned by the governor [,] and , before entering upon the discharge of his duties, shall take the constitutional oath of office.

      Sec. 3.  NRS 2.030 is hereby amended to read as follows:

      2.030  1.  The justices of the supreme court [shall] must be chosen at general elections by the qualified electors of [the] this state. Except as provisionally limited in [subsection 2,] subsections 2 and 4, each justice [shall hold] holds his office for [the] a term of 6 years from and including the [1st] first Monday of January next after his election. The senior justice in commission [shall be] is the chief justice , and in case the commissions of [any] two or more of the justices [shall] bear the same date, [they] the justices shall determine by lot who [shall be] is the chief justice.

      2.  On October 1, 1967, the governor shall appoint two additional justices for terms expiring on the [1st] first Monday in January 1969. Their successors [shall] must be chosen as follows:

      (a) One justice [shall] must be chosen at the general election in 1968, for a term of 4 years from and including the [1st] first Monday in January 1969.

      (b) One justice [shall] must be chosen at the general election in 1968, for a term of 6 years from and including the [1st] first Monday in January 1969.


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

ê1997 Statutes of Nevada, Page 1530 (Chapter 433, AB 343)ê

 

      3.  At the general election in 1968, in addition to the justices chosen pursuant to subsection 2, one justice [shall] must be chosen to succeed the justice whose term of office, current on October 1, 1967, expires on the [1st] first Monday in January 1969. At the general elections in 1972 and 1974, and every sixth year respectively thereafter, two justices [shall] must be chosen. At the general election in 1970, and every sixth year thereafter, one justice [shall] must be chosen.

      4.  Two additional justices must be chosen at the general election in 1998 for terms of 2 years which expire on the first Monday in January 2001. Their successors must be chosen at the general election in 2000, for terms of 6 years from and including the first Monday in January 2001.

      5.  At the general election in 1998, and every sixth year respectively thereafter, in addition to the justices elected pursuant to subsection 4, two justices must be chosen to succeed the justices whose terms of office expire on the first Monday in January 1999. At the general election in 2000, and every sixth year respectively thereafter:

      (a) One justice must be chosen to succeed the justice whose term of office commenced on the first Monday in January 1995 and expires on the first Monday in January 2001.

      (b) Two justices must be chosen to succeed the justices who served terms of 2 years pursuant to subsection 4.

At the general election in 2002, and every sixth year respectively thereafter, two justices must be chosen to succeed the justices whose terms of office expire on the first Monday in January 2003.

      Sec. 4.  NRS 2.050 is hereby amended to read as follows:

      2.050  1.  Until the first Monday in January 1997, the justices of the supreme court whose terms expire on the first Monday in January 1997 are entitled to receive an annual salary of $85,000. From and after the first Monday in January 1997, their successors in office are entitled to receive a salary of $107,600.

      2.  Until the first Monday in January 1999, the justices of the supreme court whose terms of office expire on the first Monday in January 1999 are entitled to receive an annual salary of $85,000. From and after the first Monday in January 1999, their successors in office are entitled to receive a salary of $107,600.

      3.  Until the first Monday in January 2001, the justice of the supreme court whose term of office expires on the first Monday in January 2001 is entitled to receive an annual salary of $85,000. From and after the first Monday in January 2001, his successor in office is entitled to receive a salary of $107,600.

      4.  The justices elected pursuant to subsection 4 of NRS 2.030 and their respective successors are entitled to receive a salary of $107,600.

      5.  All salaries provided for in this section are payable in biweekly installments as other state officers are paid.

      Sec. 5.  NRS 2.140 is hereby amended to read as follows:

      2.140  [Three justices shall] Four justices constitute a quorum for the transaction of business, excepting such business as may be done at chambers [, and the] or by panels. The concurrence of [three] four justices who heard the argument [shall be] is necessary to pronounce [any] a judgment, except in [chamber business; and if three justices who have heard the argument do not agree, the case shall be reargued.]


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

ê1997 Statutes of Nevada, Page 1531 (Chapter 433, AB 343)ê

 

in [chamber business; and if three justices who have heard the argument do not agree, the case shall be reargued.] business done at chambers or by panels.

      Sec. 6.  NRS 281.010 is hereby amended to read as follows:

      281.010  1.  The following officers must be elected:

      (a) A governor.

      (b) A lieutenant governor.

      (c) Two United States Senators.

      (d) The number of members of the House of Representatives of the United States to which this state may be entitled.

      (e) The number of presidential electors to which this state may be entitled.

      (f) [Five justices] Justices of the supreme court.

      (g) District judges.

      (h) Senators and members of the assembly.

      (i) A secretary of state.

      (j) A state treasurer.

      (k) A state controller.

      (l) An attorney general.

      (m) Other officers whose elections are provided for by law.

      (n) For each county, and the equivalent officers for Carson City:

             (1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of his county.

             (2) One sheriff.

             (3) One district attorney.

             (4) One public administrator, except where otherwise provided by law.

             (5) One county assessor, except where otherwise provided by law.

             (6) One county treasurer, except where otherwise provided by law.

             (7) The number of county commissioners as provided by law.

             (8) One county recorder, who is ex officio county auditor [in counties in which] of his county if a county comptroller has not been appointed [.] in his county.

             (9) Justices of the peace.

             (10) Constables, except where otherwise provided by law.

      2.  The following officers must be appointed:

      (a) Commissioners of deeds for the respective states and territories of the United States and foreign countries.

      (b) All officers who are not elected.

      Sec. 7.  NRS 482.374 is hereby amended to read as follows:

      482.374  1.  The department shall furnish to each state senator and state assemblyman a special license plate or plates showing on the face thereof, in the case of the senators, “State Senator,” together with the designated number showing the seniority of the senator in the senate, and, in the case of the assemblymen, “State Assemblyman” or “State Assemblywoman,” as appropriate, together with the designated number showing the seniority of the assemblyman in the assembly. If two or more legislators have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names, except that numbers drawn by lot by legislators having the same seniority [prior to] before January 1, 1971, must be maintained in the same sequence.


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

ê1997 Statutes of Nevada, Page 1532 (Chapter 433, AB 343)ê

 

drawn by lot by legislators having the same seniority [prior to] before January 1, 1971, must be maintained in the same sequence.

      2.  The department shall furnish to each justice of the supreme court [, in order of seniority,] a special license plate or plates showing on the face thereof [:] “Supreme Court [Justice 1”; “Supreme Court Justice 2”; “Supreme Court Justice 3”; “Supreme Court Justice 4”; and “Supreme Court Justice 5.”] Justice,” together with the designated number showing the seniority of the justice. If two or more justices have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names.

      3.  The department shall issue the [licenses and duplicate set of] license plates described in this section and a duplicate set of those plates to the state legislators and justices of the supreme court upon payment of the license fees set forth in NRS 482.3745.

      Sec. 8.  1.  There is hereby appropriated from the state general fund to the supreme court of Nevada the sum of $451,153 for the fiscal year 1998-99 for payment of salaries and costs related to the addition of two new justices to the court pursuant to this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 9.  1.  Sections 1 to 7, inclusive, of this act, expire by limitation on the date on which the qualified electors of this state approve a constitutional amendment that establishes an intermediate court of appeals within the State of Nevada.

      2.  Notwithstanding the provisions of subsection 1, the additional justices whose positions are abolished by the establishment of an intermediate court of appeals must be permitted to serve the remainder of the terms to which they were elected. At the end of those terms, the positions of the additional justices must be abolished, along with the positions of any staff hired directly to support the additional justices.

      Sec. 10.  1.  This section and section 3 of this act become effective on January 1, 1998.

      2.  Sections 1, 2 and 4 to 9, inclusive, of this act become effective on January 1, 1999.

________

 


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

ê1997 Statutes of Nevada, Page 1533ê

 

CHAPTER 434, SB 387

Senate Bill No. 387–Committee on Finance

CHAPTER 434

AN ACT relating to information concerning persons; establishing a repository for information concerning missing persons; establishing a toll-free telephone service for the dissemination of information concerning missing persons; revising various provisions governing the transmission of information concerning missing persons; making an appropriation to certain counties for equipment to allow coroners to access the central repository of Nevada records of criminal history; requiring peace officers to prepare reports concerning domestic violence for inclusion in the central repository; requiring the central repository to prepare and submit a statistical report concerning domestic violence to the legislature; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  If a peace officer investigates an act that constitutes domestic violence pursuant to NRS 33.018, he shall prepare and submit a written report of his investigation to his supervisor or to another person designated by his supervisor, regardless of whether the peace officer makes an arrest.

      2.  If the peace officer investigates a mutual battery that constitutes domestic violence pursuant to NRS 33.018 and finds that one of the persons involved was the primary physical aggressor, he shall include in his report:

      (a) The name of the person who was the primary physical aggressor; and

      (b) A description of the evidence which supports his finding.

      3.  If the peace officer does not make an arrest, he shall include in his report the reason he did not do so.

      4.  A copy of the report must be forwarded immediately to the central repository for Nevada records of criminal history.

      Sec. 3.  If a peace officer:

      1.  Detains a person for violating a county, city or town ordinance or state law that:

      (a) Is punishable as a misdemeanor; and

      (b) Constitutes domestic violence pursuant to NRS 33.018; and

      2.  Issues the person a citation in lieu of taking him before a magistrate,

the peace officer shall obtain not less than one fingerprint of the person and shall forward any fingerprint taken and the report that he is required to prepare pursuant to section 2 of this act to the central repository for Nevada records of criminal history.

      Sec. 4.  NRS 171.137 is hereby amended to read as follows:

      171.137  1.  Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person.


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

ê1997 Statutes of Nevada, Page 1534 (Chapter 434, SB 387)ê

 

blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person.

      2.  If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons allegedly committing a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

      (a) Prior domestic violence involving either person;

      (b) The relative severity of the injuries inflicted upon the persons involved;

      (c) The potential for future injury;

      (d) Whether one of the alleged batteries was committed in self-defense; and

      (e) Any other factor which helps the peace officer decide which person is the primary physical aggressor.

      3.  A peace officer shall not base his decision whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.

      [4.  When a peace officer investigates such a battery, whether or not an arrest is made, he shall prepare and submit a written report of the alleged battery to his supervisor or other person designated by his employer to receive reports regarding similar allegations. He shall include in his report, if applicable:

      (a) His reasons for determining that one of the persons involved in a mutual battery was the primary physical aggressor; and

      (b) Any mitigating circumstances which prevented him from making an arrest pursuant to subsection 1,

and forward a copy of the report to the department of motor vehicles and public safety.

      5.  The department shall compile statistics from these reports and make the statistics available as a public record detailing the number of investigations and arrests made pursuant to this section and the nature of any mitigating circumstances which prevented an arrest.]

      Sec. 5.  Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6.  1.  The repository for information concerning missing persons is hereby created within the central repository.

      2.  The repository for information concerning missing persons must contain a complete and systematic record of all persons who reside in this state who are reported missing.

      3.  Each record must include, without limitation, a data field for the following information concerning a missing person:

      (a) The missing person’s:

             (1) Name, sex and race;


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

ê1997 Statutes of Nevada, Page 1535 (Chapter 434, SB 387)ê

 

             (2) Date and place of birth;

             (3) Height and weight;

             (4) Eye and hair color;

             (5) Skin tone;

             (6) Fingerprint classification;

             (7) Social security number;

             (8) Blood type;

             (9) Footprint;

             (10) Body X-rays;

             (11) Dental X-rays, models and photographs; and

             (12) Prescription for eyeglasses or contact lenses;

      (b) Remarks of any dentist concerning the missing person;

      (c) Any scar, mark, tattoo or other identifying characteristic of the missing person;

      (d) The number, state and date of expiration of the driver’s license of the missing person;

      (e) The year, make, model, style, color and vehicle identification number of the motor vehicle of the missing person;

      (f) The number, state, type and date of expiration of the license plate of the motor vehicle of the missing person;

      (g) The date of last contact with the missing person;

      (h) Whether the missing person is circumcised;

      (i) The type and description of any jewelry the missing person may be wearing;

      (j) The identifier of the originating agency; and

      (k) The originating case number.

      4.  The central repository shall maintain each record of a missing person for 20 years after the person is located.

      5.  Records within the repository for information concerning missing persons may be disseminated by an agency of criminal justice without restriction.

      Sec. 7.  1.  The central repository shall:

      (a) Provide a toll-free telephone service for people within and outside of this state to disseminate information about missing persons; and

      (b) Make the telephone service available for not less than 8 hours per day, 7 days per week, except that the central repository need not make the service available on a legal holiday.

      2.  Each agency of criminal justice in this state shall provide the toll-free number for the telephone service to each person who requests information of the agency about a missing person.

      Sec. 8.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the department; and


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

ê1997 Statutes of Nevada, Page 1536 (Chapter 434, SB 387)ê

 

      (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

      3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:

      (a) Through an electronic network;

      (b) On a [media] medium of magnetic storage; or

      (c) In the manner prescribed by the director of the department,

within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

      4.  The division shall:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Sexual offenses and other records of criminal history; and

             (2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

      (b) Use a record of the subject’s fingerprints as the basis for any records maintained regarding him.

      5.  The division may:

      (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

             (1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;

             (2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; or

             (3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      6.  The central repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.


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

ê1997 Statutes of Nevada, Page 1537 (Chapter 434, SB 387)ê

 

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the superintendent of public instruction for a license;

             (2) Has applied to a county school district for employment; or

             (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

      (f) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

      (g) On or before January 31 of each odd-numbered year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, a report containing statistical data about domestic violence in this state.

      (h) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The central repository may:

      (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.


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

ê1997 Statutes of Nevada, Page 1538 (Chapter 434, SB 387)ê

 

collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

      8.  As used in this section, “advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

      Sec. 9.  NRS 432.200 is hereby amended to read as follows:

      432.200  1.  A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including , but not limited to, a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as “runaway,” “abducted by his parent,” “abducted by a stranger” or “cause of disappearance unknown,” and shall:

      (a) Transmit all available information about the child to the clearinghouse and to the central repository for Nevada records of criminal history within 36 hours after the report is received;

      (b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary;

      (c) Fully comply with the requirements of the National Child Search Assistance Act of 1990 (Title XXXVII of Public Law 101-647, 104 Stat. 4966); and

      (d) Enter into the National Crime Information Center’s Missing Person File [,] and the repository for information concerning missing persons within the central repository for Nevada records of criminal history, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted such unlawful abduction or detention.

      2.  A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the child’s disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Center’s Wanted Person File of identifying and descriptive information concerning:

      (a) The suspect; and

      (b) As miscellaneous information, the missing child.

The agency shall cross-reference information entered pursuant to this section with the National Crime Information Center’s Missing Person File [.] and with the repository for information concerning missing persons within the central repository for Nevada records of criminal history.

      3.  If a missing child is less than 16 years of age or has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the division or the central repository for Nevada records of criminal history may [, ask] :

      (a) Send to the child’s parent or guardian a request for certain identifying information regarding the child that the National Crime Information Center recommends be provided; and

      (b) Ask the child’s parent or guardian to [consent to the release of the child’s dental records. The] provide such identifying information regarding the child.

If a law enforcement agency receives the identifying information, it shall transmit all [dental records] information so released to it to the division [.]


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

ê1997 Statutes of Nevada, Page 1539 (Chapter 434, SB 387)ê

 

and to the central repository. The division and the central repository shall, upon its receipt of the [dental records of] identifying information about the missing child, compare [those records] the information with the [dental records of] information that is on file concerning unidentified deceased children. This subsection does not preclude the voluntary release of identifying information about the missing [child’s dental records] child by his parent or guardian at any time.

      4.  The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency if the child is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center , the central repository for Nevada records of criminal history and the clearinghouse.

      5.  As used in this section, “division” means the investigation division of the department of motor vehicles and public safety.

      Sec. 10.  NRS 481.245 is hereby amended to read as follows:

      481.245  1.  When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division [.] and to the central repository for Nevada records of criminal history.

      2.  Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:

      (a) Transmit to the investigation division [:] and to the central repository for Nevada records of criminal history:

             (1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and

             (2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;

      (b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and

      (c) Enter the information concerning the missing person into the computer for the National Crime Information Center [,] and the central repository for Nevada records of criminal history, if appropriate.

      3.  The sheriff, chief of police or other law enforcement agency [may] shall request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain [the dental records of] certain identifying information about the missing person that the National Crime Information Center recommends be provided from [that person’s dentist.] the appropriate providers of medical care. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the [dental records from the dentist] identifying information from the providers of medical care and forward [them] that information and any other relevant information to the investigation division and to the central repository for Nevada records of criminal history for comparison with the [dental records of] identifying information that is on file concerning unidentified deceased persons. This subsection does not prevent the voluntary release of identifying information about the missing [person’s dental records] person by the next of kin or guardian of the missing person at any time.


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

ê1997 Statutes of Nevada, Page 1540 (Chapter 434, SB 387)ê

 

about the missing [person’s dental records] person by the next of kin or guardian of the missing person at any time.

      4.  The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.

      5.  The sheriff, chief of police or other law enforcement agency shall inform the investigation division , the central repository for Nevada records of criminal history and the National Crime Information Center when a missing person has been found.

      6.  The investigation division and the central repository for Nevada records of criminal history shall maintain the records and other information forwarded to [it] them pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies.

      Sec. 11.  1.  There is hereby appropriated from the state general fund to:

      (a) Clark County, the sum of $65,000; and

      (b) Washoe County, the sum of $65,000,

to provide to each county coroner an electronic fingerprint transmission system and computer equipment that can be used to access the information contained in the central repository for Nevada records of criminal history.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 12.  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 435, SB 393

Senate Bill No. 393–Senator Regan

CHAPTER 435

AN ACT relating to insurance fraud; requiring the commissioner of insurance and the attorney general to report certain information concerning the conviction of a person for insurance fraud to certain licensing agencies in this state; requiring a licensing agency that receives such information to submit a report to the legislature concerning the actions taken by the licensing agency against the convicted person; revising the provisions governing the actions that constitute insurance fraud; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:

      If a person who is licensed or registered under the laws of the State of Nevada to engage in a business or profession is convicted of or pleads guilty to engaging in an act of insurance fraud prohibited by NRS 686A.291, the commissioner and the attorney general shall forward to each agency by which the convicted person is licensed or registered a copy of the conviction or plea and all supporting evidence of the act of insurance fraud.


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

ê1997 Statutes of Nevada, Page 1541 (Chapter 435, SB 393)ê

 

to engaging in an act of insurance fraud prohibited by NRS 686A.291, the commissioner and the attorney general shall forward to each agency by which the convicted person is licensed or registered a copy of the conviction or plea and all supporting evidence of the act of insurance fraud. An agency that receives information from the commissioner and attorney general pursuant to this section shall, not later than 1 year after the date on which it receives the information, submit a report which sets forth the action taken by the agency against the convicted person, including, but not limited to, the revocation or suspension of the license or any other disciplinary action, to the director of the legislative counsel bureau for transmittal to the legislature.

      Sec. 2.  NRS 686A.281 is hereby amended to read as follows:

      686A.281  As used in NRS 686A.281 to 686A.291, inclusive, and section 1 of this act, unless the context otherwise requires, the term “investigative or law enforcement agency” includes:

      1.  The state fire marshal;

      2.  The district attorney of the county where any fraudulent activity has occurred or a fraudulent claim has been made;

      3.  The chief or other officer of the fire department where a fire occurred; and

      4.  Any other agency in this state who has the authority to investigate the fraudulent claims or activities.

      Sec. 3.  NRS 686A.291 is hereby amended to read as follows:

      686A.291  1.  A person commits insurance fraud if he knowingly and willfully:

      (a) Presents or causes to be presented any statement to an insurer, a reinsurer, a producer, a broker or any agent thereof, known by him to contain false, incomplete or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this Title.

      (b) Presents or causes to be presented any statement as a part of, or in support of, a claim for payment or other benefits under a policy of insurance issued pursuant to this Title, known by him to contain false, incomplete or misleading information concerning any fact material to that claim.

      (c) Assists, abets, solicits or conspires with another person to present or cause to be presented any statement to an insurer, reinsurer, producer, broker or any agent thereof, known by him to contain false, incomplete or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this Title or a claim for payment or other benefits under such a policy.

      (d) Acts or fails to act with the intent of defrauding or deceiving an insurer, a reinsurer, a producer, a broker or any agent thereof, in order to obtain a policy of insurance pursuant to this Title or any proceeds or other benefits under such a policy.

      (e) As a practitioner, an insurer or any agent thereof, acts to assist, conspire with or urge another person to violate any provision of this section through deceit, misrepresentation or other fraudulent means.


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

ê1997 Statutes of Nevada, Page 1542 (Chapter 435, SB 393)ê

 

      (f) Accepts any proceeds or other benefits under a policy of insurance issued pursuant to this Title known by him to be derived from any act or omission which violates any provision of this section.

      (g) Employs a person to procure clients, patients or other persons who obtain services or benefits under a policy of insurance issued pursuant to this Title for the purpose of engaging in any activity prohibited by this section. This paragraph does not prohibit contact or communication by an insurer or his agent or representative with a client, patient or other person if the contact or communication is made for a lawful purpose, including, without limitation, communication by an insurer with a holder of a policy of insurance issued by the insurer or with a claimant concerning the settlement of any claims against the policy.

      2.  A person commits insurance fraud if he knowingly and willfully participates in, aids, abets, conspires to commit, solicits another person to commit, or permits an employee or agent to commit an act of insurance fraud prohibited by subsection 1.

      3.  A person who commits insurance fraud is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [3.] 4.  For the purposes of this section, “practitioner” means:

      (a) A physician, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractor, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist or other provider of health services who is authorized to engage in his occupation by the laws of this state or another state; and

      (b) An attorney admitted to practice law in this state or any other state.

      Sec. 4.  The amendatory provisions of section 3 of this act do not apply to offenses that occur before October 1, 1997.

________

 

CHAPTER 436, SB 444

Senate Bill No. 444–Committee on Transportation

CHAPTER 436

AN ACT relating to motor carriers; revising the provisions governing unlawful advertising by fully regulated carriers; authorizing the public service commission of Nevada to petition a court of competent jurisdiction for an injunction prohibiting a person from continuing to engage in certain advertising relating to those carriers; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Each fully regulated carrier that advertises its services shall provide to the person who broadcasts, publishes, displays or distributes that advertisement the name, street address and telephone number of the natural person who requested the advertisement on behalf of the fully regulated carrier.


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

ê1997 Statutes of Nevada, Page 1543 (Chapter 436, SB 444)ê

 

      2.  A person who broadcasts, publishes, displays or distributes the advertisement of a fully regulated carrier shall, within 3 days after he receives a written request from the commission, provide to the commission the name, street address and telephone number of the natural person who requested the advertisement if such information is readily available.

      Sec. 3.  1.  If the commission finds, after notice and hearing, that a person has violated NRS 706.285, the commission may, in addition to any penalty, punishment or disciplinary action authorized by this chapter, petition a court of competent jurisdiction for an injunction prohibiting the person from continuing to:

      (a) Engage in advertising that violates the provisions of NRS 706.285; or

      (b) Use any telephone number mentioned in such advertising for any purpose.

      2.  If the court finds that the respondent has engaged in advertising that is unlawful pursuant to NRS 706.285, the court shall:

      (a) Enjoin him from continuing the advertising.

      (b) Enjoin him from using the telephone number mentioned in the advertising for any purpose.

      (c) Issue an order that requires the telephone number mentioned in the advertising to be disconnected.

      (d) Forward a copy of the order to the appropriate provider of telephone service within 5 days after issuing the order.

      3.  As used in this section, “provider of telephone service” includes, but is not limited to:

      (a) A public utility furnishing telephone service.

      (b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.

      Sec. 4.  NRS 706.013 is hereby amended to read as follows:

      706.013  “Advertise” means the commercial use of any medium, including, but not limited to, the radio or television, or a newspaper, magazine, directory, sign or other printed matter, by a common or contract motor carrier to bring the services of the carrier to the attention of members of the general public.

      Sec. 5.  NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, or by the commission or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

      (d) Fails to obey any order, decision or regulation of the commission or the department;


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

ê1997 Statutes of Nevada, Page 1544 (Chapter 436, SB 444)ê

 

      (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;

      (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

      (g) Advertises as providing the services of a fully regulated carrier without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,

is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:

      (a) For the first offense by a fine of not less than $500 nor more than $1,000;

      (b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or

      (c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.

      3.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      4.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 6.  Chapter 707 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each provider of telephone service in this state shall, when notified that a court has ordered the disconnection of a telephone number pursuant to section 3 of this act, take such action as is necessary to carry out the order of the court.

      2.  As used in this section, “provider of telephone service” includes, but is not limited to:

      (a) A public utility furnishing telephone service.


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

ê1997 Statutes of Nevada, Page 1545 (Chapter 436, SB 444)ê

 

      (b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.

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

      Sec. 8.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 

CHAPTER 437, SB 470

Senate Bill No. 470–Senator Titus

CHAPTER 437

AN ACT relating to public health; creating a program to increase awareness of health care programs for children and to encourage enrollment in such programs; providing that money in the intergovernmental transfer account may be transferred to an account established for the provision of health care services to uninsured children under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 439B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  The department shall establish a program to increase awareness of health care programs for children and to encourage enrollment in such programs. The program must provide for the dissemination of information to the public relating to health care services that are available in this state to children who are under the age of 13 years, including, without limitation, information concerning:

      (a) Federal, state and local governmental programs which provide health care services to such children;

      (b) The requirements for eligibility to participate in such programs; and

      (c) The procedures for enrolling children in such programs.

      2.  The information disseminated pursuant to subsection 1 must encourage the use of the programs identified pursuant to subsection 1 and must emphasize:

      (a) The benefits of preventive health care services to the well-being of children; and

      (b) The reasons that preventive health care services are more efficient in treating potential health care needs and are more economical than obtaining emergency health care services which are often required when symptoms of an illness are not promptly and properly treated.

      3.  The program must be designed to disseminate information using the most effective means available to the extent possible, including, without limitation, using:

      (a) Words or graphics, or both, that promote understanding of the information by the intended audience, considering the average level of reading comprehension of and the language understood by the audience.


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

ê1997 Statutes of Nevada, Page 1546 (Chapter 437, SB 470)ê

 

      (b) Printed materials that may be displayed at or distributed to:

             (1) Offices of the federal, state and local government that have contact with parents of children who are under the age of 13 years or direct contact with such children, or both, in the normal course of business;

             (2) Schools attended by children who are under the age of 13 years;

             (3) Public libraries;

             (4) Providers of health care who provide services to children who are under the age of 13 years;

             (5) Child care facilities that provide services to children who are under the age of 13 years;

             (6) Organizations that provide community-based services to parents of children who are under the age of 13 years, or to such children, or both; and

             (7) Any other person deemed appropriate; and

      (c) Radio, television and other electronic means.

      Sec. 3.  1.  The director shall evaluate the effectiveness of the program established pursuant to section 2 of this act annually. The evaluation must include, without limitation:

      (a) Determining the total number of children under the age of 13 years who reside in this state and the number of such children who have received health care services through a federal, state or local governmental program during the previous year; and

      (b) Measuring the effectiveness of the content, form and method of dissemination of information through the program.

      2.  The director shall make any necessary recommendations to improve the program based upon his evaluation.

      3.  On or before December 31 of each year, the director shall provide a written report to the interim finance committee concerning the results of the evaluation and any recommendations made to improve the program.

      Sec. 4.  The director may, within the limits of available money, contract for services to assist the department in carrying out the provisions of sections 2 and 3 of this act.

      Sec. 5.  NRS 422.385 is hereby amended to read as follows:

      422.385  1.  The allocations and payments required pursuant to NRS 422.387 must be made, to the extent allowed by the state plan for Medicaid, from the Medicaid budget account.

      2.  [The] Except as otherwise provided in subsection 3, the money in the intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the account exceeds the amount authorized for expenditure by the department for the purposes specified in NRS 422.387, the department is authorized to expend the additional revenue in accordance with the provisions of the state plan for Medicaid.

      3.  If enough money is available to support Medicaid, money in the intergovernmental transfer account may be transferred to an account established for the provision of health care services to uninsured children who are under the age of 13 years pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, if enough money is available to continue to satisfy existing obligations of the Medicaid program or to carry out the provisions of sections 2 and 3 of this act.


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

ê1997 Statutes of Nevada, Page 1547 (Chapter 437, SB 470)ê

 

Government, if enough money is available to continue to satisfy existing obligations of the Medicaid program or to carry out the provisions of sections 2 and 3 of this act.

      Sec. 6.  Section 39 of Assembly Bill No. 13 of this session is hereby amended to read as follows:

       Sec. 39.  1.  This [act becomes] section and sections 1 to 30, inclusive, and 32 to 38, inclusive, of this act become effective on July 1, 1997.

       2.  Section 31 of this act becomes effective at 12:01 a.m. on July 1, 1997.

      Sec. 7.  1.  This section and sections 1 to 4, inclusive, and 6 of this act become effective on July 1, 1997.

      2.  Section 5 of this act becomes effective at 12:01 a.m. on July 1, 1997.

________

 

CHAPTER 438, SB 457

Senate Bill No. 457–Committee on Transportation

CHAPTER 438

AN ACT relating to motor vehicles; providing for the issuance of special license plates indicating status as a hall of fame athlete; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.

 

[Approved July 16, 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.  The department shall, in cooperation with the Nevada commission on sports and using any colors and designs that the department deems appropriate, design, prepare and issue license plates which indicate status as a hall of fame athlete. The design of the license plates must include the words “hall of fame.”

      2.  The department shall issue license plates that indicate status as a hall of fame athlete 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 status as a hall of fame athlete if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate status as a hall of fame athlete.

      3.  An application for the issuance or renewal of license plates that indicate status as a hall of fame athlete is void unless it is accompanied by documentation which, in the determination of the department, provides reasonable proof of identity and status as a hall of fame athlete.


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

ê1997 Statutes of Nevada, Page 1548 (Chapter 438, SB 457)ê

 

      4.  In addition to all other applicable registration and license fees and motor vehicle privilege taxes:

      (a) A person who requests license plates that indicate status as a hall of fame athlete shall pay a fee to the department of $35.

      (b) License plates that indicate status as a hall of fame athlete are renewable upon the payment to the department of $10.

      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 forth in this chapter; or

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

      6.  As used in this section, “hall of fame athlete” means a current or former athlete who has been inducted into a hall of fame pertaining to the sport in which the athlete participates or participated, including, but not limited to:

      (a) The National Baseball Hall of Fame, located in Cooperstown, New York.

      (b) The Basketball Hall of Fame, located in Springfield, Massachusetts.

      (c) The Pro Football Hall of Fame, located in Canton, Ohio.

      (d) The Hockey Hall of Fame, located in Toronto, Ontario, Canada.

      (e) The National Soccer Hall of Fame, located in Oneonta, New York.

      (f) The International Tennis Hall of Fame, located in Newport, Rhode Island.

      (g) The Pro Rodeo Hall of Fame, located in Colorado Springs, Colorado.

      (h) Any hall of fame which has been established at a university or community college within the University and Community College System of Nevada.

      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.


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

ê1997 Statutes of Nevada, Page 1549 (Chapter 438, SB 457)ê

 

      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] :

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, [and] section 1 of [this act, or to claim] Assembly Bill No. 32 of this session and section 1 of this act; or

             (2) Claim the exemption from the vehicle privilege tax provided pursuant to NRS 361.1565 to veterans and their relations.

      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 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session and section 1 of this act, or NRS 482.384,] by specific statute, 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.


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

ê1997 Statutes of Nevada, Page 1550 (Chapter 438, SB 457)ê

 

      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, [and] section 1 of [this act.] Assembly Bill No. 32 of this session 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,] Assembly Bill No. 32 of this session and section 1 of this act, a fee of $10.


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

ê1997 Statutes of Nevada, Page 1551 (Chapter 438, SB 457)ê

 

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

      Sec. 6.  1.  Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

      2.  Section 3 of this act becomes effective at 12:02 a.m. on October 1, 1997.

________

 

CHAPTER 439, SB 494

Senate Bill No. 494–Committee on Taxation

CHAPTER 439

AN ACT relating to taxation; revising the provisions of Assembly Bill No. 291 of this session to change the provisions governing the imposition of a tax on transient lodging for railroad grade separation projects; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Assembly Bill No. 291 of this session is hereby amended by adding new sections designated sections 19 through 21.5, following sec. 18, to read as follows:

       Sec. 19.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 20 and 21 of this act.

       Sec. 20.  1.  In a county whose population is 400,000 or more, the governing body of a city that owns a municipal water system may, if requested by a water authority, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the water authority to acquire, establish, construct, improve or equip, or any combination thereof, a water facility. The tax must be imposed by ordinance on customers of the municipal water system that are capable of using or benefiting from the water facility financed, wholly or in part, with the proceeds of the tax.


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

ê1997 Statutes of Nevada, Page 1552 (Chapter 439, SB 494)ê

 

municipal water system that are capable of using or benefiting from the water facility financed, wholly or in part, with the proceeds of the tax.

       2.  An excise tax imposed pursuant to subsection 1 must be levied at different rates for different classes of customers and must take into account differences in the amount of water used or estimated to be used and the size of the connection.

       3.  The ordinance imposing the tax must provide:

       (a) The rate or rates of the tax, which must not exceed one-quarter of 1 percent of the monthly water bill of customers of all residential classes and 5 percent of the monthly water bill of customers of all commercial classes and any other class;

       (b) The procedure for collection of the tax;

       (c) The duration of the tax; and

       (d) The rate of interest that will be charged on late payments.

       4.  Late payments of the tax must bear interest at a rate not exceeding 1 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest that may accrue thereon are paid. Collection of the tax may be enforced in any manner authorized by law for the collection of unpaid water bills. In addition to all other methods available to enforce payment of the tax, the city, by ordinance, may provide that it will be collected in the same manner as delinquent taxes are collected pursuant to NRS 268.043 for sewerage charges.

       5.  Subject to the provisions of this subsection, the governing body of the city may reduce the amount of the tax imposed pursuant to this section as the obligations of the city and the water authority allow. No ordinance imposing a tax which is enacted pursuant to this section may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to this section until those bonds or other obligations have been discharged in full.

       6.  The governing body of the city shall review the necessity for the continued imposition of the tax authorized pursuant to this section at least once every 10 years.

       7.  As used in this section:

       (a) “Water facility” means a facility pertaining to a water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, siphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.


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

ê1997 Statutes of Nevada, Page 1553 (Chapter 439, SB 494)ê

 

apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.

       (b) “Water authority” means a water authority organized as a public agency or entity created by cooperative agreement pursuant to chapter 277 of NRS whose members at the time of formation include the three largest retail water purveyors in the county and which is responsible for the acquisition, treatment and delivery of water and water resources on a wholesale basis to utilities, governmental agencies and entities and other large customers.

       Sec. 21.  1.  In a county whose population is 100,000 or more but less than 400,000, the governing body of an incorporated city within the county that has created a district pursuant to NRS 268.781 may by ordinance impose within that district a tax at the rate of not more than 1 percent of the gross receipts from the rental of transient lodging throughout the district.

       2.  A tax imposed pursuant to this section may be imposed in addition to all other taxes imposed on the revenue from the rental of transient lodging.

       3.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

       4.  The proceeds of the tax and any applicable penalty or interest must be retained by the city and used for the payment of principal and interest on notes, bonds or other obligations issued by the city to fund the acquisition, establishment, construction or expansion of one or more railroad grade separation projects.

       5.  A tax imposed by this section must be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 268.096.

       Sec. 21.5.  NRS 268.0968 is hereby amended to read as follows:

       268.0968  1.  Except as otherwise provided in NRS 268.801 to 268.808, inclusive, a city located in a county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

       2.  [A] Except as otherwise provided in section 21 of this act, a city located in a county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

       3.  The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for [the] :

       (a) The promotion of tourism [or for the] ;

       (b) The construction or operation of tourism facilities by a convention and visitors authority [.] ; or


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

ê1997 Statutes of Nevada, Page 1554 (Chapter 439, SB 494)ê

 

       (c) The acquisition, establishment, construction or expansion of one or more railroad grade separation projects.

      Sec. 2.  Section 24 of Assembly Bill No. 291 of this session is hereby amended to read as follows:

       Sec. 24.  1.  The board of county commissioners of Washoe County may by ordinance, but not as in a case of emergency, impose a tax upon the retailers at the rate of not more than one-eighth of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county if [the board:

       (a) Imposes] :

       (a) The city of Reno imposes a tax on the rental of transient lodging pursuant to section [19] 21 of this act in the maximum amount allowed by that section; and

       (b) [Receives] The board receives a written commitment from one or more other sources for the expenditure of not less than one-half of the total cost of a project for the acquisition, establishment, construction or expansion of railroad grade separation projects in Washoe County.

       2.  An ordinance enacted pursuant to subsection 1 may not become effective before a question concerning the imposition of the tax is approved by a two-thirds majority of the members of the board of county commissioners.

       3.  An ordinance enacted pursuant to subsection 1 must specify the date on which the tax must first be imposed which must occur on the first day of the first month of the next calendar quarter that is at least 60 days after the date on which a two-thirds majority of the board of county commissioners approved the question.

       4.  An ordinance enacted pursuant to subsection 1 must include provisions in substance as follows:

       (a) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

       (b) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of an ordinance enacted pursuant to subsection 1.

       (c) A provision stating the specific purpose for which the proceeds of the tax must be expended.

       (d) A provision that the county shall contract before the effective date of the ordinance with the department of taxation to perform all functions incident to the administration or operation of the tax in the county.

       (e) A provision that exempts from the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract:

             (1) Entered into on or before the effective date of the tax; or


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

ê1997 Statutes of Nevada, Page 1555 (Chapter 439, SB 494)ê

 

             (2) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax if the bid was afterward accepted,

if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax.

       5.  No ordinance imposing a tax which is enacted pursuant to subsection 1 may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to subsection 1 until those bonds or other obligations have been discharged in full.

       6.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation.

       7.  The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.

       8.  The state controller, acting upon the collection data furnished by the department of taxation, shall monthly:

       (a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this section during the preceding month as compensation to the state for the cost of collecting the taxes. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785 but the percentage must be applied to the proceeds collected pursuant to this section only.

       (b) Determine for the county an amount of money equal to any fees, taxes, interest and penalties collected in or for the county pursuant to this section during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).

       (c) Transfer the amount determined for the county to the intergovernmental fund and remit the money to the county treasurer.

       9.  The county treasurer shall deposit the money received pursuant to subsection 8 in the county treasury for credit to a fund to be known as the railroad grade separation projects fund. The railroad grade separation projects fund must be accounted for as a separate fund and not as a part of any other fund.

       10.  The money in the railroad grade separation projects fund, including interest and any other income from the fund must only be expended by the board of county commissioners for the payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of the acquisition, establishment, construction or expansion of one or more railroad grade separation projects.


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

ê1997 Statutes of Nevada, Page 1556 (Chapter 439, SB 494)ê

 

      Sec. 3.  The title of Assembly Bill No. 291 of this session is hereby amended to read as follows:

AN ACT relating to taxation; authorizing counties to impose sales and use taxes for infrastructure; authorizing certain cities to impose a tax on the rental of transient lodging for railroad grade separation projects under certain circumstances; authorizing certain cities and the Las Vegas Valley Water District to impose an excise tax on the use of water facilities; requiring the legislative auditor to conduct a performance audit of the Southern Nevada Water Authority; and providing other matters properly relating thereto.

      Sec. 4.  Sections 19, 20 and 21 of Assembly Bill No. 291 of this session are hereby repealed.

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

________

 

CHAPTER 440, SB 490

Senate Bill No. 490–Committee on Finance

CHAPTER 440

AN ACT relating to the legislature; revising the provisions governing the compensation of certain legislative employees; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 218.230 is hereby amended to read as follows:

      218.230  1.  There must be paid to the several employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each day’s employment and no more:

 

Senate

 

Assistant director of bill services....................................................... [$70]         $74

Assistant secretary............................................................................... [103]         109

Assistant sergeant at arms.................................................................... [77]           82

Bill clerk..................................................................................................... [59]           60

Committee Manager.....................................................................................          101

Committee secretary................................................................................ [83]           88

Deputy sergeant at arms........................................................................ [83]           88

Director of bill services........................................................................... [75]           80

Director of clerical services.................................................................... [97]         103

Executive assistant.................................................................................. [95]         101

Finance secretary..........................................................................................            99

Front desk assistant......................................................................................          101

History clerk............................................................................................. [95]         101

Journal clerk............................................................................................. [95] 101 [Minute] Recording clerk        [95]     101

 


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

ê1997 Statutes of Nevada, Page 1557 (Chapter 440, SB 490)ê

 

[Minute] Recording clerk....................................................................... [95]         101

[Page........................................................................................................... 59]

Media clerk....................................................................................................          101

Secretary................................................................................................... [75]           80

Senior committee secretary.................................................................... [91]           96

Senior page............................................................................................... [71]           75

Sergeant at arms...................................................................................... [97]         103

Typist ....................................................................................................... [64]           68

 

Assembly

 

Assistant chief clerk........................................................................... [$103]       $109

Assistant sergeant at arms.................................................................... [77]           82

Assistant supervisor of bill clerks........................................................ [70]           74

Bill clerk..................................................................................................... [59]           60

Committee manager......................................................................................          101

Committee secretary................................................................................ [83]           88

Deputy sergeant at arms........................................................................ [83]           88

Document clerk..............................................................................................          101

Executive assistant.................................................................................. [95]         101

History clerk............................................................................................. [95]         101

Journal clerk............................................................................................. [95]         101

[Minute] Recording clerk....................................................................... [95]         101

Media clerk....................................................................................................          101

Page........................................................................................................... [59]           60

Secretary................................................................................................... [75]           80

Senior committee secretary.................................................................... [91]           96

Senior page............................................................................................... [71]           75

Sergeant at arms...................................................................................... [97]         103

Supervisor of bill clerks.......................................................................... [75]           80

Supervisor of secretarial staff................................................................ [97]         103

Typist ....................................................................................................... [64]           68

Ways and means secretary...........................................................................            99

 

      2.  During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.

________

 


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

ê1997 Statutes of Nevada, Page 1558ê

 

CHAPTER 441, SB 492

Senate Bill No. 492–Committee on Finance

CHAPTER 441

AN ACT relating to programs for public employees; establishing for the next biennium the amount to be paid by the state for group insurance for participating officers and employees; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  For the purposes of NRS 287.044 and 287.0445 and subsection 1 of NRS 287.046, the state’s share of the cost of premiums or contributions for group insurance for each public officer or employee who elects to participate in the state’s group insurance program is:

      1.  For the fiscal year 1997-1998, $247.34 per month.

      2.  For the fiscal year 1998-1999, $264.51 per month.

      Sec. 2.  For the purposes of subsection 2 of NRS 287.046, the base amount for the state’s share of the cost of premiums or contributions for group insurance for each person who is retired from the service of the state and continues to participate in the state’s group insurance program is:

      1.  For the fiscal year 1997-1998, $139.35 per month.

      2.  For the fiscal year 1998-1999, $149.02 per month.

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

________

 

CHAPTER 442, SB 474

Senate Bill No. 474–Committee on Human Resources and Facilities

CHAPTER 442

AN ACT relating to the administration of Medicaid; requiring the welfare division of the department of human resources to study the feasibility of establishing an electronic system for the management of pharmaceutical claims; authorizing the welfare division to contract for the provision of pharmaceutical services through managed care under certain conditions; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  1.  In carrying out its duties regarding the administration of Medicaid, the welfare division of the department of human resources shall:

      (a) Study the feasibility of establishing an electronic system for the management of pharmaceutical claims that provides for:

             (1) The on-line adjudication of pharmaceutical claims;

             (2) The review of the use of pharmaceutical services;

             (3) The review of pharmaceutical therapy at the point of sale to identify potential problems in that therapy, including, without limitation, any incorrect dosage, adverse interaction, contraindication, therapeutic duplication, incorrect duration of treatment and clinical abuse or misuse; and

 


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

ê1997 Statutes of Nevada, Page 1559 (Chapter 442, SB 474)ê

 

duplication, incorrect duration of treatment and clinical abuse or misuse; and

             (4) If necessary, the ability to link to and share appropriate information with managed care organizations that enter into contracts with the welfare division; and

      (b) On or before September 1, 1998, submit its findings and recommendations to the legislative committee on health care.

      2.  The legislative committee on health care shall:

      (a) Review the findings and recommendations of the welfare division; and

      (b) On or before January 31, 1999, submit the findings and recommendations of the legislative committee on health care to the 70th session of the Nevada legislature.

      Sec. 2.  1.  On or before October 1, 1999, except as otherwise provided in subsection 3, in carrying out its duties regarding the administration of Medicaid, the welfare division of the department of human resources may enter into a contract for the provision of pharmaceutical services through managed care to recipients of Medicaid if the welfare division and the legislative committee on health care determine that such a contract:

      (a) Is cost effective;

      (b) Is the most convenient method of providing pharmaceutical services to the recipients of Medicaid; and

      (c) Includes access to pharmacies licensed in this state to the maximum extent possible.

      2.  If the welfare division enters into a contract pursuant to subsection 1, except for any limitations on coverage provided pursuant to 42 U.S.C. § 1396r-8(d)(2) or (6), the contract must provide for reimbursement for the dispensing of a drug to a recipient of Medicaid, without requiring any prior or retroactive approval, if the drug:

      (a) Has been approved or designated as safe and effective by the Food and Drug Administration; and

      (b) Is prescribed by a physician who determines that the drug is appropriate for the diagnosis or treatment of the recipient of Medicaid.

      3.  The provisions of this section do not apply to a contract that provides services only to recipients who are eligible to receive benefits pursuant to:

      (a) The program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to temporary assistance for needy families; or

      (b) The child health assurance program established pursuant to 42 U.S.C. § 1396a(a)(10)(A)(i)(IV), (VI) or (VII).

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

________

 


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

ê1997 Statutes of Nevada, Page 1560ê

 

CHAPTER 443, SB 12

Senate Bill No. 12–Committee on Judiciary

CHAPTER 443

AN ACT relating to the division of parole and probation of the department of motor vehicles and public safety; requiring the division to set and review periodically the level of supervision for certain probationers; requiring the division to review periodically the level of supervision for certain parolees; increasing the fee a parolee or probationer must pay to defray the cost of supervision; requiring the division to contact each parolee within 5 days after the parolee’s release from prison; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the division shall set a level of supervision for each probationer. At least once every 6 months, or more often if necessary, the division shall review the probationer’s level of supervision to determine whether a change in the level of supervision is necessary. The division shall specify in each review the reasons for maintaining or changing the level of supervision. If the division changes the level of supervision, the division shall notify the probationer of the change.

      2.  The provisions of subsection 1 are not applicable if:

      (a) The level of supervision for the probationer is set by the court or by law; or

      (b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176.1851 to 176.18525, inclusive.

      3.  Except as otherwise provided in subsection 4, at least once every 6 months, or more often if necessary, the division shall review a parolee’s level of supervision to determine whether a change in the level of supervision is necessary. The division shall specify in each review the reasons for maintaining or changing the level of supervision. If the division changes the level of supervision, the division shall notify the parolee of the change.

      4.  The provisions of subsection 3 are not applicable if the level of supervision for the parolee is set by the board or by law.

      Sec. 2.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, and section 1 of [this act,] Assembly Bill No. 240 of this session, and section 1 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of parole commissioners.

      2.  “Chief” means the chief parole and probation officer.

      3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.


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

ê1997 Statutes of Nevada, Page 1561 (Chapter 443, SB 12)ê

 

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

      Sec. 3.  NRS 213.1076 is hereby amended to read as follows:

      213.1076  1.  The division shall:

      (a) Except as otherwise provided in this section, charge each parolee or probationer a fee to defray the cost of his supervision.

      (b) Adopt by regulation a schedule of fees to defray the costs of supervision of a parolee or probationer. The regulation must provide for a monthly fee of at least [$12.] $30.

      2.  The chief may waive the fee to defray the cost of supervision, in whole or in part, if he determines that payment of the fee would create an economic hardship on the parolee or probationer.

      3.  Unless waived pursuant to subsection 2, the payment by a parolee or probationer of a fee charged pursuant to subsection 1 is a condition of his parole or probation.

      Sec. 4.  NRS 213.1218 is hereby amended to read as follows:

      213.1218  1.  Before a person may be released on parole, he must submit to the division a signed document stating that:

      [1.] (a) He will comply with the conditions of his parole; and

      [2.] (b) If he fails to comply with the conditions of his parole and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

      2.  The division shall contact each parolee in person or by telephone within 5 days after the parolee’s release from prison. The chief may waive this requirement if he determines that such contact is not necessary.

      Sec. 5.  1.  This section and section 3 of this act become effective upon passage and approval.

      2.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1562ê

 

CHAPTER 444, SB 151

Senate Bill No. 151–Senator Washington

CHAPTER 444

AN ACT relating to state purchasing; providing that the advertisement of bids must include a statement whether the chief of the purchasing division of the department of administration is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 333.310 is hereby amended to read as follows:

      333.310  1.  An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:

      (a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.

      (b) Where and how specifications and quotation forms may be obtained.

      (c) If the advertisement is for bids, whether the chief is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:

                   (1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;

                   (2) The purchase of the alternative article results in a lower price; and

                   (3) The chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.

      (d) The date and time not later than which responses must be received by the purchasing division.

      [(d)] (e) The date and time when responses will be opened.

The chief or his designated agent shall approve the copy for the advertisement.

      2.  Each advertisement must be published in at least one newspaper of general circulation in the state. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.

      Sec. 2.  NRS 333.340 is hereby amended to read as follows:

      333.340  Every contract or order [shall] must be awarded to the lowest responsible bidder, taking into consideration:

      1.  The location of the using agency to be supplied.

      2.  The qualities of the articles to be supplied.

      3.  [Their] Except as otherwise provided in subsection 4, the articles’ conformity with the specifications.


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

ê1997 Statutes of Nevada, Page 1563 (Chapter 444, SB 151)ê

 

      4.  If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:

      (a) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;

      (b) The purchase of the alternative article results in a lower price; and

      (c) The chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.

      5.  The purposes for which [they] the articles are required.

      [5.] 6.  The dates of delivery.

________

 

CHAPTER 445, SB 285

Senate Bill No. 285–Committee on Judiciary

CHAPTER 445

AN ACT relating to juveniles; revising the provisions relating to fingerprinting and photographing of certain juveniles; providing that certain records of certain juveniles must not be sealed in certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

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

      Sec. 2.  As used in sections 2 and 3 of this act and NRS 62.350, unless the context otherwise requires, “sexual offense” means:

      1.  Sexual assault pursuant to NRS 200.366;

      2.  Statutory sexual seduction pursuant to NRS 200.368;

      3.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      4.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      5.  Incest pursuant to NRS 201.180;

      6.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

      7.  Open or gross lewdness pursuant to NRS 201.210;

      8.  Indecent or obscene exposure pursuant to NRS 201.220;

      9.  Lewdness with a child pursuant to NRS 201.230;

      10.  Sexual penetration of a dead human body pursuant to NRS 201.450;

      11.  Annoyance or molestation of a minor pursuant to NRS 207.260;

      12.  An attempt to commit an offense listed in subsections 1 to 11, inclusive; or

      13.  An offense that is determined to be sexually motivated pursuant to NRS 175.547.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a category A or category B felony and the act was a sexual offense or involved the use or threatened use of force or violence against the victim, the records relating to the child must not be sealed pursuant to the provisions of NRS 62.370.


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

ê1997 Statutes of Nevada, Page 1564 (Chapter 445, SB 285)ê

 

category A or category B felony and the act was a sexual offense or involved the use or threatened use of force or violence against the victim, the records relating to the child must not be sealed pursuant to the provisions of NRS 62.370.

      2.  If a child who is subject to the provisions of subsection 1 is not adjudicated delinquent for any other subsequent act that, if committed by an adult, would be a felony and is not otherwise convicted of a felony as an adult before reaching 24 years of age, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.

      Sec. 4.  NRS 62.350 is hereby amended to read as follows:

      62.350  1.  The fingerprints of a child [who is arrested] must be taken if the child is in custody for an act that , [would be a felony] if committed by an adult [may be taken and retained by law enforcement officers as provided in subsection 3.

      2.  If] :

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

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

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

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

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

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

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

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

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

[Fingerprints must]

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

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


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

ê1997 Statutes of Nevada, Page 1565 (Chapter 445, SB 285)ê

 

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

      (c) Must not be submitted to the Federal Bureau of Investigation [or Criminal Identification and Investigation Bureau of California] unless the child is [found to have committed an act of delinquency that would be a felony if committed by an adult.

      3.  If the fingerprints of a child are taken pursuant to subsection 1 or 2, they may be retained in a local file, including any local system for the automatic retrieval of fingerprints, or sent to a central state depository but they must be kept separate from those of adults, under special security measures limited to inspection for the purpose of comparison by law enforcement officers or by staff of the depository only in the investigation of a crime.] adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.

      4.  A child who is in custody must be photographed for the purpose of identification. [The photograph] Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child [,] under special security measures [limited to inspection by] that limit inspection of the photographs to law enforcement officers [only in the investigation of a crime.] who are conducting criminal investigations. If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.

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

      Sec. 5.  NRS 62.370 is hereby amended to read as follows:

      62.370  1.  [In any case in which] Except as otherwise provided in section 3 of this act, if a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice’s court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice’s court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:

      (a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or

      (b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.

      2.  The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.


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

ê1997 Statutes of Nevada, Page 1566 (Chapter 445, SB 285)ê

 

officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.

      3.  If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in the juvenile’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed. [All juvenile records]

      4.  Except as otherwise provided in section 3 of this act, all records relating to a child must be automatically sealed when the [person] child reaches 24 years of age.

      [4.] 5.  The court shall send a copy of the order sealing the records of a child to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:

      (a) Seal records in its custody, as directed by the order.

      (b) Advise the court of its compliance.

      (c) Seal the copy of the court’s order that it or he received.

[As used in this section, “seal” means placing the records in a separate file or other repository not accessible to the general public.

      5.] 6.  If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred , and the [minor] person who is the subject of the records may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.

      [6.] 7.  The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.

      [7.] 8.  The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of the records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      [8.] 9.  The court may, upon its own motion and for the purpose of sentencing a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.

      [9.] 10.  An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.

      [10.] 11.  The provisions of this section do not apply to any information maintained in the standardized system established pursuant to NRS 62.420.

      12.  As used in this section, “seal” means placing the records in a separate file or other repository not accessible to the general public.

      Sec. 6.  NRS 62.380 is hereby amended to read as follows:

      62.380  Any decree or order entered by a judge or master of a juvenile court, district court, justice’s court or municipal court concerning a child within the purview of this chapter [shall] must contain, for the benefit of the child, an explanation of the contents of section 3 of this act and NRS 62.370.


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

ê1997 Statutes of Nevada, Page 1567 (Chapter 445, SB 285)ê

 

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

________

 

CHAPTER 446, AB 644

Assembly Bill No. 644–Committee on Taxation

CHAPTER 446

AN ACT relating to taxation; changing various provisions concerning the assessment of property for the purposes of imposing property taxes; revising various provisions governing the duties and immunities of county assessors; requiring payment of deferred taxes for agricultural land before recording of a final map for a subdivision; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 360.245 is hereby amended to read as follows:

      360.245  1.  All decisions of the executive director or other officer of the department made pursuant to subsection 2 of NRS 360.130 are final unless appealed to the tax commission as provided by law. Any natural person, partnership, corporation, association or other business or legal entity may so appeal by filing a notice of appeal with the department within 20 days after service of the decision upon that person or business or legal entity.

      2.  Service of the decision must be made personally or by certified mail. If service is made by certified mail:

      (a) The decision must be enclosed in an envelope which is addressed to the taxpayer at his address as it appears in the records of the department.

      (b) It is deemed to be complete at the time the appropriately addressed envelope containing the decision is deposited with the United States Postal Service.

      3.  The Nevada tax commission, as head of the department, may review all other decisions made by the executive director and may reverse, affirm or modify them.

      4.  Upon application by a taxpayer, the Nevada tax commission shall review the denial of relief pursuant to section 7 of this act and may grant, deny or modify the relief sought.

      Sec. 2.  NRS 360.400 is hereby amended to read as follows:

      360.400  1.  All determinations made by the department under the authority of NRS 360.300 to [360.410,] 360.400, inclusive, are due at the time they become final.

      2.  If the determination is not paid when it becomes final and the taxpayer has not entered into a written agreement with the department for the payment of the determination, the department shall impose a penalty of 10 percent of the amount of the determination, exclusive of interest and penalties.


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

ê1997 Statutes of Nevada, Page 1568 (Chapter 446, AB 644)ê

 

      Sec. 3.  NRS 360.416 is hereby amended to read as follows:

      360.416  A person against whom a determination is made pursuant to NRS 360.412 may petition for redetermination. The petition is subject to the requirements of NRS 360.360 to [360.410,] 360.400, inclusive, except that the petition must be made within 10 days after service of the notice of determination. A person who petitions for a redetermination shall deposit with the department within the 10-day period such security as the department deems necessary.

      Sec. 4.  NRS 360.419 is hereby amended to read as follows:

      360.419  1.  [The department may, for good cause shown, waive or reduce the payment of the interest or penalty, or both, on any tax which is owed to the state or to a county by any person. The department shall, upon the request of any person, disclose the:

      (a) Name of the person whose interest or penalty was waived or reduced; and

      (b) Amount so waived or the amount of the reduction.

      2.  This section applies to all taxes imposed under this Title except for those imposed pursuant to chapter 364, 366, 371 or 375 of NRS.] If the executive director or a designated hearing officer finds that a person’s failure to make a timely return or payment of a tax imposed pursuant to NRS 361.320 or chapter 361A, 361B, 376A, 377 or 377A of NRS, or by chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 375A or 375B of NRS, is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent, the department may relieve him of all or part of any interest or penalty or both.

      2.  A person seeking this relief must file with the department a statement under oath setting forth the facts upon which he bases his claim.

      3.  The department shall disclose, upon the request of any person:

      (a) The name of the person to whom relief was granted; and

      (b) The amount of the relief.

      4.  The executive director or a designated hearing officer shall act upon the request of a taxpayer seeking relief pursuant to section 7 of this act which is deferred by a county treasurer or county assessor.

      Sec. 5.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6.  Except as otherwise provided in NRS 360.250 and except for information required to be transmitted to the department, each county assessor shall, at the request of a taxpayer, keep any proprietary information concerning the taxpayer received pursuant to this chapter confidential.

      Sec. 7.  1.  If the county treasurer or the county assessor finds that a person’s failure to make a timely return or payment of tax that is assessed by the county treasurer or county assessor and that is imposed pursuant to chapter 361 of NRS, except NRS 361.320, is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent, the county treasurer or the county assessor may relieve him of all or part of any interest or penalty, or both.


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

ê1997 Statutes of Nevada, Page 1569 (Chapter 446, AB 644)ê

 

      2.  A person seeking this relief must file a statement under oath setting forth the facts upon which he bases his claim with the county treasurer or the county assessor.

      3.  The county treasurer or the county assessor shall disclose, upon the request of any person:

      (a) The name of the person; and

      (b) The amount of the relief.

      4.  If the relief sought by the taxpayer is denied, he may appeal from the denial to the Nevada tax commission.

      5.  The county treasurer or the county assessor may defer the decision to the department of taxation.

      Sec. 8.  NRS 361.068 is hereby amended to read as follows:

      361.068  1.  The following personal property is exempt from taxation:

      (a) Personal property held for sale by a merchant;

      (b) Personal property held for sale by a manufacturer;

      (c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;

      (d) Tangible personal property purchased by a business which will be consumed during the operation of the business;

      (e) Livestock;

      (f) Colonies of bees;

      (g) Pipe and other agricultural equipment used to convey water for the irrigation of legal crops;

      (h) All boats; and

      (i) Slide-in campers and camper shells.

      2.  The Nevada tax commission may exempt from taxation that personal property for which the annual taxes would be less than the cost of collecting those taxes. If such an exemption is provided, the Nevada tax commission shall annually determine the average cost of collecting property taxes in this state which must be used in determining the applicability of the exemption.

      3.  As used in this section, “boat” includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

      Sec. 9.  NRS 361.069 is hereby amended to read as follows:

      361.069  Household goods and furniture, other than appliances and furniture which are owned by a person who engages in the business of renting the appliances or furniture to other persons, are exempt from taxation. As used in this section:

      1.  “Household goods and furniture” includes, without limitation, the following items if used in a residence:

      (a) Clothing;

      (b) Personal effects;

      (c) Gold and silver;

      (d) Jewelry;

      (e) Appliances that are not attached to real property or a mobile home; [and]

      (f) Furniture [.] ;

      (g) Recreational equipment not required by NRS to be registered; and


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

ê1997 Statutes of Nevada, Page 1570 (Chapter 446, AB 644)ê

 

      (h) Portable goods and storage sheds and other household equipment.

      2.  “Engages in the business of renting appliances or furniture” means:

      (a) Renting or leasing appliances or furniture, or both, to other persons not in conjunction with the rental or lease of a dwelling unit; or

      (b) Renting or leasing appliances or furniture, or both, to other persons in conjunction with the rental or lease of a dwelling unit located in a complex containing five or more dwelling units which are rented or leased by the owner to other persons in conjunction with appliances or furniture, or both.

      Sec. 10.  NRS 361.157 is hereby amended to read as follows:

      361.157  1.  When any real estate or portion of real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of [any such] the lessee or user of the property is subject to taxation to the extent the:

      (a) Portion of the property leased or used; and

      (b) Percentage of time during the fiscal year that the property is leased by the lessee or used by the user,

can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.

      2.  Subsection 1 does not apply to:

      (a) Property located upon [or within the limits of] a public airport, park, market or fairground or any property owned by a public [airport;] airport, unless the property owned by the public airport is not located upon the public airport and the property is leased, loaned or otherwise made available for purposes other than for the purposes of a public airport, including, without limitation, residential, commercial or industrial purposes.

      (b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;

      (c) Property of any state-supported educational institution;

      (d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;

      (e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;

      (f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of employment, training and rehabilitation, [regardless of] whether or not the property is owned by the federal, state or a local government;

      (g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;

 


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

ê1997 Statutes of Nevada, Page 1571 (Chapter 446, AB 644)ê

 

development of geothermal resources, but only for resources which have not been put into commercial production;

      (h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;

      (i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;

      (j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;

      (k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons [with] having low incomes;

      (l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or

      (m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.

      3.  Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and, if unpaid, are recoverable by the county in the proper court of the county.

      4.  As used in this section, the term “park” does not include a golf course.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  NRS 361.221 is hereby amended to read as follows:

      361.221  1.  A person shall not perform the duties of an appraiser for purposes of the taxation of property as an employee of or as an independent contractor for the state or any of its political subdivisions unless he holds a valid appraiser’s certificate issued by the department. A person not so certified may collect data but shall not appraise value, and data so collected must be reviewed by a certified appraiser.

      2.  There is established an [appraiser] appraiser’s certification board consisting of six members, three of whom must be chosen by majority vote of the several county assessors from persons who hold a valid appraiser’s certificate issued by the department and three of whom must be appointed by the Nevada tax commission. This board shall:

      (a) Advise the department on any matter pertaining to the certification and continuing education of appraisers who are subject to the provisions of this section; and

      (b) Perform such other duties as are provided by law.

      3.  Each member of the board is entitled to the per diem allowance and travel expenses provided for state officers and employees while attending meetings of the board.

      4.  The department may contract for the development and administration of the appropriate examinations. Except as provided in this subsection, an appraiser’s certificate must be issued to an applicant only if he has passed the appropriate examination. The department may charge each examinee a reasonable examination fee to recover the cost of the examination. An applicant who has a professional designation or certification recognized by the board may, with the approval of the board, be issued an appraiser’s certificate without examination.


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

ê1997 Statutes of Nevada, Page 1572 (Chapter 446, AB 644)ê

 

applicant who has a professional designation or certification recognized by the board may, with the approval of the board, be issued an appraiser’s certificate without examination.

      Sec. 13.  NRS 361.244 is hereby amended to read as follows:

      361.244  1.  A mobile home is eligible to become real property if the running gear is removed and it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home.

      2.  A mobile home becomes real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. The assessor shall not place a mobile home on the tax roll until:

      (a) He has received verification from the manufactured housing division of the department of business and industry that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to real property;

      (b) The unsecured personal property tax has been paid in full for the current fiscal year;

      (c) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorder’s office of the county in which the mobile home is located; and

      [(c)] (d) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile home in its former condition as personal property.

      3.  A mobile home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.

      4.  Factory-built housing, as defined in NRS 461.080, constitutes real property if it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing.

      5.  For the purposes of this section, “land which is owned” includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.

      Sec. 14.  NRS 361.260 is hereby amended to read as follows:

      361.260  1.  Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.

      2.  At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile homes on the secured tax roll if the owner of the personal property or mobile home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes for 3 years on both the real property and the personal property or mobile home, plus penalties.


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

ê1997 Statutes of Nevada, Page 1573 (Chapter 446, AB 644)ê

 

property and the personal property or mobile home, plus penalties. Personal property and mobile homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.

      3.  An improvement on real property in existence on July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 4 must be placed on the unsecured tax roll.

      4.  The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada tax commission or as established pursuant to an appeal to the state board of equalization.

      5.  In arriving at the taxable value of all public utilities of an intracounty nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.

      6.  In addition to the inquiry and examination required in subsection 1, for any property not [physically] reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.

      7.  The county assessor shall [physically] reappraise all real property at least once every 5 years.

      8.  Each county assessor shall submit a written request to the board of county commissioners and the governing body of each of the local governments located in the county which maintain a unit of government that issues building permits for a copy of each building permit that is issued. Upon receipt of such a request, the governing body shall direct the unit which issues the permits to provide a copy of each permit to the county assessor within a reasonable time after issuance.

      Sec. 15.  NRS 361.263 is hereby amended to read as follows:

      361.263  1.  The county assessor may issue subpoenas to require the production before him of documentation necessary for determining the value of property. The county assessor may have the subpoena served, and upon application to any court of competent jurisdiction in this state, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.

      2.  Upon request of the county assessor, a state agency, political subdivision of this state and any other state or local governmental entity in this state shall provide documents and other information necessary to the performance of the duties of the county assessor as soon as practicable after receipt of the request.


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

ê1997 Statutes of Nevada, Page 1574 (Chapter 446, AB 644)ê

 

      3.  Any information received by the county assessor pursuant to this section must be protected from disclosure in the same manner that the information is protected by the agency or entity from which the assessor received the information.

      Sec. 16.  NRS 361.320 is hereby amended to read as follows:

      361.320  1.  At the regular session of the Nevada tax commission commencing on the [1st] first Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, scheduled and unscheduled air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.

      2.  Except as otherwise provided in subsection 3 and NRS 361.323, the commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the commission.

      3.  After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the commission shall segregate the value of any project in this state for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.

      4.  The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income, stock and debt, and the cost of its assets.

      5.  As used in this section the word “company” means any person, company, corporation or association engaged in the business described.

      6.  All other property must be assessed by the county assessors, except as provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

      7.  On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county.


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

ê1997 Statutes of Nevada, Page 1575 (Chapter 446, AB 644)ê

 

established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.

      Sec. 17.  NRS 361.340 is hereby amended to read as follows:

      361.340  1.  Except as otherwise provided in subsection 2, the board of equalization of each county consists of:

      (a) Five members, only two of whom may be elected public officers, in counties having a population of 10,000 or more; and

      (b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 10,000.

      2.  The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. [If such an additional panel is added, it shall determine the valuation of residential real property and the other members of the board shall sit separately to determine the valuation of all other property subject to its jurisdiction.] The board of county commissioners may also appoint alternate members to either panel.

      3.  A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.

      4.  The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.

      5.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.

      6.  The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.

      7.  Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.


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

ê1997 Statutes of Nevada, Page 1576 (Chapter 446, AB 644)ê

 

      8.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.

      9.  A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.

      10.  The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before February 28 of each year except as to matters remanded by the state board of equalization. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the board’s authority.

      11.  The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.

      Sec. 18.  NRS 361.345 is hereby amended to read as follows:

      361.345  1.  Except as otherwise provided in subsection 2, the county board of equalization may determine the valuation of any property assessed by the county assessor, and may change and correct any valuation found to be incorrect either by adding thereto or by deducting therefrom such sum as is necessary to make it conform to the taxable value of the property assessed, whether that valuation was fixed by the owner or the county assessor. A change so made is effective only for the fiscal year for which the assessment was made. The county assessor shall each year review all such changes made for the previous fiscal year and maintain or remove each change as circumstances warrant.

      2.  [Where the] If a person complaining of the assessment of his property has refused or, without good cause, has neglected to give the county assessor his list under oath, as required by this chapter, or has refused entry to the assessor for the purpose of conducting the physical examination required by NRS 361.260, the county assessor shall make a reasonable estimate of the property and assess it accordingly. No reduction may be made by the county board of equalization from the assessment of the county assessor made pursuant to this subsection.

      3.  If the county board of equalization finds it necessary to add to the assessed valuation of any property on the assessment roll, it shall direct the clerk to give notice to the person so interested by registered or certified letter, or by personal service, naming the day when it will act on the matter and allowing a reasonable time for the interested person to appear.


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

ê1997 Statutes of Nevada, Page 1577 (Chapter 446, AB 644)ê

 

letter, or by personal service, naming the day when it will act on the matter and allowing a reasonable time for the interested person to appear.

      Sec. 19.  NRS 361.357 is hereby amended to read as follows:

      361.357  1.  The owner of any property who believes that the full cash value of his property is less than the taxable value computed for the property in the current assessment year, may, not later than January 15 of the fiscal year in which the assessment was made, appeal to the county board of equalization. A person who makes such an appeal on behalf of the owner of the property shall provide written authorization from the owner of the property at the time the appeal is filed. If the county board of equalization finds that the full cash value of the property is less than the taxable value computed for the property, the board shall correct the land value or fix a percentage of obsolescence to be deducted each year from the otherwise computed taxable value of the improvements, or both, to make the taxable value of the property correspond as closely as possible to its full cash value.

      2.  No appeal under this section may result in an increase in the taxable value of the property.

      Sec. 20.  NRS 361.360 is hereby amended to read as follows:

      361.360  1.  Any taxpayer aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his property, or property of others, or a county assessor, may file an appeal with the state board of equalization no later than March 10 and present to the state board of equalization the matters complained of at one of its sessions.

      2.  All such appeals must be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered before the final adjournment of the county board of equalization. The new evidence must be submitted in writing to the state board of equalization and served upon the county assessor not less than 7 days before the hearing.

      3.  Any taxpayer whose real or personal property placed on the unsecured tax roll was assessed after December 15 but before or on the following April 30 may likewise protest to the state board of equalization . [, which shall meet before May 31 to hear these protests.] Every such appeal must be filed on or before May 15. A meeting must be held before May 31 to hear those protests that in the opinion of the state board of equalization may have a substantial effect on tax revenues. One or more meetings may be held at any time and place in the state before October 1 to hear all other protests.

      4.  If the appeal involves an assessment on property which the taxpayer has refused or, without good cause, has neglected to include in the list required of him pursuant to NRS 361.265 or has refused or, without good cause, has neglected to provide the list to the county assessor, the state board of equalization may not reduce the assessment of the county assessor.

      5.  If the state board of equalization determines that the record of a case on appeal from the county board of equalization is inadequate because of an act or omission of the county assessor, the district attorney or the county board of equalization, the state board of equalization may remand the case to the county board of equalization with directions to develop an adequate record within 30 days after the remand.


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

ê1997 Statutes of Nevada, Page 1578 (Chapter 446, AB 644)ê

 

board of equalization, the state board of equalization may remand the case to the county board of equalization with directions to develop an adequate record within 30 days after the remand. The directions must indicate specifically the inadequacies to be remedied. If the state board of equalization determines that the record returned from the county board of equalization after remand is still inadequate, the state board of equalization may hold a hearing anew on the appellant’s complaint or it may, if necessary, contract with an appropriate person to hear the matter, develop an adequate record in the case and submit recommendations to the state board. The cost of the contract and all costs, including attorney’s fees, to the state or the appellant necessary to remedy the inadequate record on appeal are a charge against the county.

      Sec. 21.  NRS 361.483 is hereby amended to read as follows:

      361.483  1.  Except as otherwise provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile or manufactured homes are due on the third Monday of August.

      2.  Taxes assessed upon the real property tax roll may be paid in four equal installments if the taxes assessed on the parcel exceed $100.

      3.  Taxes assessed upon a mobile or manufactured home may be paid in four equal installments if the taxes assessed exceed $100.

      4.  If a person elects to pay in quarterly installments, the first installment is due on the third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.

      5.  If any person charged with taxes which are a lien on real property fails to pay:

      (a) Any one quarter of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.

      (b) Any two quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the later quarter of taxes becomes due, there must be added thereto a penalty of 5 percent of the two quarters due.

      (c) Any three quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the latest quarter of taxes becomes due, there must be added thereto a penalty of 6 percent of the three quarters due.

      (d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.

      6.  Any person charged with taxes which are a lien on a mobile or manufactured home who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:

      (a) [The entire amount of the taxes is due;

      (b)] A penalty of 10 percent of the taxes due;

      [(c)] (b) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and

      [(d)] (c) The county assessor may proceed under NRS 361.535.


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

ê1997 Statutes of Nevada, Page 1579 (Chapter 446, AB 644)ê

 

      7.  The ex officio tax receiver of a county shall notify each person in the county who is subject to a penalty pursuant to this section of the provisions of NRS [360.410 and 360.419.] 360.419 and section 7 of this act.

      Sec. 22.  (Deleted by amendment.)

      Sec. 23.  NRS 361.535 is hereby amended to read as follows:

      361.535  1.  If the person, company or corporation so assessed neglects or refuses to pay the taxes within 30 days after demand, a penalty of 10 percent must be added. If the tax and penalty are not paid on demand, the county assessor or his deputy shall seize, seal or lock enough of the personal property of the person, company or corporation so neglecting or refusing to pay to satisfy the taxes and costs.

      2.  The county assessor shall post a notice of the seizure, with a description of the property, in three public places in the township or district where it is seized, and shall, at the expiration of 5 days, proceed to sell at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of the property to pay the taxes and expenses incurred. For this service the county assessor must be allowed from the delinquent person a fee of $3.

      3.  If the personal property seized by the county assessor or his deputy consists of a mobile or manufactured home [or house trailer,] the county assessor shall publish a notice of the seizure once during each of 2 successive weeks in a newspaper of general circulation in the county. If the legal owner of the property is someone other than the registered owner and the name and address of the legal owner can be ascertained from the records of the department of motor vehicles and public safety, the county assessor shall, before publication, send a copy of the notice by registered or certified mail to the legal owner. The cost of the publication and notice must be charged to the delinquent taxpayer. The notice must state:

      (a) The name of the owner, if known.

      (b) The description of the property seized, including the location, the make, model and [color] dimensions and the serial number, body number or other identifying number.

      (c) The fact that the property has been seized and the reason for seizure.

      (d) The amount of the taxes due on the property and the penalties and costs as provided by law.

      (e) The time and place at which the property is to be sold.

After the expiration of 5 days from the date of the second publication of the notice, the property must be sold at public auction in the manner provided in subsection 2 for the sale of other personal property by the county assessor.

      4.  Upon payment of the purchase money, the county assessor shall deliver to the purchaser of the property sold, with a certificate of the sale, a statement of the amount of taxes or assessment and the expenses thereon for which the property was sold, whereupon the title of the property so sold vests absolutely in the purchaser.

      Sec. 24.  NRS 361.562 is hereby amended to read as follows:

      361.562  1.  Each purchaser or repossessor of a mobile or manufactured home and each person who brings a mobile or manufactured home into the state shall report that mobile or manufactured home to the county assessor within 30 days after the date of its purchase, repossession or entry into the state.


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

ê1997 Statutes of Nevada, Page 1580 (Chapter 446, AB 644)ê

 

county assessor within 30 days after the date of its purchase, repossession or entry into the state.

      2.  If the county assessor determines that the mobile or manufactured home is:

      (a) Migratory property, he shall assess it pursuant to NRS 361.505.

      (b) Nonmigratory property, he shall assess it pursuant to NRS 361.260.

      Sec. 25.  NRS 361.5641 is hereby amended to read as follows:

      361.5641  [Whenever] If any person:

      1.  Who has purchased a mobile or manufactured home on which he is required to pay a personal property tax under the provisions of NRS 361.562, establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile or manufactured home which he has sold or exchanged, the county assessor shall allow as a credit 1/12 of the tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile or manufactured home on which the tax was paid.

      2.  Has paid a personal property tax on a mobile or manufactured home to the state of his [prior] previous residence, the county assessor shall allow a 1/12 reduction in the tax for the current fiscal year for each calendar month that the person has paid such a tax in the other state.

      Sec. 26.  NRS 361.5643 is hereby amended to read as follows:

      361.5643  Upon compliance by the purchaser or repossessor of a mobile or manufactured home with the provisions of NRS 361.562 or upon payment of the tax the county assessor may issue a sticker which must be of a design and affixed in such manner as is prescribed by the department.

      Sec. 27.  NRS 361.5644 is hereby amended to read as follows:

      361.5644  1.  If the purchaser, repossessor or other owner of a mobile or manufactured home fails to comply with the provisions of subsection 1 of NRS 361.562 within the required time, the county assessor shall collect a penalty, which must be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:

      (a) If the tax on a mobile or manufactured home is paid within 1 month after it is due, $3, and if paid on any unit or vehicle mentioned in NRS 361.561 within 1 month, $1.

      (b) If the tax on a mobile or manufactured home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on any unit or vehicle mentioned in NRS 361.561 more than 1 month after it is due, $1 for each such month.

      2.  If any person required to pay a personal property tax under the provisions of NRS 361.562 neglects or refuses to pay the tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile or manufactured home upon which the taxes are due and proceed in accordance with the provisions of NRS 361.535.

      3.  The tax is due and the tax and any penalty must be computed for each fiscal year from the date of purchase within or importation into this state.

      Sec. 28.  NRS 361.765 is hereby amended to read as follows:

      361.765  1.  [Whenever] If a clerical or typographical error or errors appear upon the real or personal property tax roll of any county which have not been corrected by any officer or board vested by law with the duty of correcting such errors, the county assessor of the county upon whose tax roll such errors appear shall make a report thereof to the board of county commissioners of [such] the county.


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

ê1997 Statutes of Nevada, Page 1581 (Chapter 446, AB 644)ê

 

not been corrected by any officer or board vested by law with the duty of correcting such errors, the county assessor of the county upon whose tax roll such errors appear shall make a report thereof to the board of county commissioners of [such] the county.

      2.  The board of county commissioners shall thereupon examine the error or errors so reported, together with such evidence as may be presented in connection therewith, and, if satisfied that [such] the errors or any of them are purely clerical or typographical shall:

      (a) By an order entered in the minutes of the board authorize and direct the county treasurer to correct the error or errors so reported so as to conform to the true assessment; and

      (b) [Serve] Deliver a copy of [such order on] the order to the county treasurer, who shall thereupon make the corrections and change the tax roll or rolls in conformity therewith.

      3.  [Whenever] If it appears that corrections of mathematical or typographical errors on the tax roll are necessary, the county assessor may, with the concurrence of the county treasurer, make corrections in the assessed valuation of any property within the county. When such corrections are made, the county treasurer shall make such adjustments as are necessary to the tax rolls [.] for fiscal years within 3 years after the fiscal year for which the corrections were made. The adjustment may be a full refund or a credit against taxes due which may be allocated over a period no longer than 3 years.

      4.  At the end of each fiscal year the county treasurer shall report to the board of county commissioners all corrections made under subsection 3 during such fiscal year. The board of county commissioners shall approve or disapprove each correction reported. The county treasurer shall make any adjustments to the tax rolls made necessary by the disapproval by the board of county commissioners of any corrections made.

      Sec. 29.  NRS 361.768 is hereby amended to read as follows:

      361.768  1.  [Whenever] If an overassessment of real or personal property appears upon the secured tax roll of any county because of a factual error concerning its existence, size, quantity, age, use or zoning or legal or physical restrictions on its use [or the partial or complete destruction or removal of an improvement or secured personal property as of the lien date on July 1,] within 3 years after the end of the fiscal year for which the assessment was made, the county assessor shall make a report thereof to the board of county commissioners of the county.

      2.  The board of county commissioners shall examine the error so reported, together with any evidence presented and, if satisfied that the error is factual, shall:

      (a) By an order entered in the minutes of the board, direct the county treasurer to correct the error; and

      (b) [Serve] Deliver a copy of the order [on] to the county treasurer, who shall make the necessary [refunds or] adjustments to the tax bill and correct the secured tax roll.

[Only the secured property tax rolls for the current and the succeeding tax year may be so corrected.] The adjustment may be a full refund or a credit against taxes due which may be allocated over a period no longer than 3 years.


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

ê1997 Statutes of Nevada, Page 1582 (Chapter 446, AB 644)ê

 

against taxes due which may be allocated over a period no longer than 3 years.

      3.  Partial or complete destruction or removal of an improvement or secured personal property may be adjusted pro rata if removal or destruction occurred on or after the lien date and the property was rendered unusable or uninhabitable for a period of not less than 90 consecutive days. The adjustments may be made in the form of a credit on taxes due or a refund if taxes have been paid for the period. The county assessor shall notify the county treasurer of each adjustment. The county assessor shall report recommended adjustments to the board of county commissioners no later than June 30 of each fiscal year.

      Sec. 30.  NRS 361.815 is hereby amended to read as follows:

      361.815  1.  “Home” means residential living quarters located in Nevada. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 2 acres, as well as outbuildings and facilities reasonably necessary for use of the unit as residential living quarters.

      2.  The term “home” includes:

      (a) A mobile or manufactured home.

      (b) A home, mobile or manufactured home or dwelling which the claimant possesses under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.

      (c) A residential facility for groups required to be licensed by the health division of the department of human resources, pursuant to NRS 449.001 to 449.240, inclusive.

      (d) A dwelling within any housing project which has been established pursuant to chapter 315 of NRS and for which the housing authority makes payments in lieu of taxes.

      3.  If the residential living quarters are part of a multipurpose building, the “home” does not include any part of the building or land which is not used as living quarters by the claimant and spouse and which generates income for the claimant or spouse.

      Sec. 31.  NRS 361.824 is hereby amended to read as follows:

      361.824  [“Mobile home lot”] “Lot” means a portion of land which is rented to accommodate a mobile or manufactured home owned or rented by the claimant.

      Sec. 32.  NRS 361.827 is hereby amended to read as follows:

      361.827  “Rent” means the payment a claimant has made under a bona fide tenancy or leasing agreement solely for the right to occupy [:

      1.  A home; or

      2.  A mobile home lot,] a home or lot during the calendar year immediately preceding the filing of his claim. The term does not include any amount paid for utilities, fuel or furnishings, nor does the term include payment for food, nursing services or institutional care.

      Sec. 33.  NRS 361.835 is hereby amended to read as follows:

      361.835  1.  A senior citizen who has rented and maintained his primary residence in a home or on a [mobile home] lot since July 1 of the preceding calendar year and whose household income is not more than $19,100 is entitled to a refund as determined in accordance with the schedule in NRS 361.833.


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

ê1997 Statutes of Nevada, Page 1583 (Chapter 446, AB 644)ê

 

preceding calendar year and whose household income is not more than $19,100 is entitled to a refund as determined in accordance with the schedule in NRS 361.833.

      2.  The amount of the refund provided pursuant to subsection 1 must not exceed an amount equal to that portion of the rent which is rent deemed to constitute accrued property tax, even if the rental property is exempt from property tax.

      Sec. 34.  NRS 361A.031 is hereby amended to read as follows:

      361A.031  1.  “Converted to a higher use” means:

      (a) A physical alteration of the surface of the property enabling it to be used for a higher use;

      (b) The recording of a final map or parcel map which creates one or more parcels not intended for agricultural use;

      (c) The existence of a final map or parcel map which creates one or more parcels not intended for agricultural use; or

      (d) A change in zoning to a higher use made at the request of the owner.

      2.  The term does not apply to the property remaining after a portion of the parcel is converted to higher use pursuant to paragraph (b) or (c) of subsection 1 if the remaining portion continues to qualify as agricultural real property.

      3.  As used in this section:

      (a) “Final map” has the meaning ascribed to it in NRS 278.0145.

      (b) “Parcel map” has the meaning ascribed to it in NRS 278.017.

      Sec. 35.  NRS 361A.265 is hereby amended to read as follows:

      361A.265  1.  An owner of property which has received an agricultural or open-space use assessment :

      (a) Must pay the full amount of deferred taxes calculated pursuant to NRS 361A.280 for any property for which a final map will be recorded pursuant to NRS 278.460 before the date on which the map is recorded.

      (b) In all other cases may, before the conversion of any portion of the property to a higher use, pay the amount of deferred taxes which would be due upon the conversion of that property pursuant to NRS 361A.280.

      2.  An owner who desires to pay the deferred taxes must request, in writing, the county assessor to estimate the amount of the deferred taxes which would be due at the time of conversion. After receiving such a request, the county assessor shall estimate the amount of the deferred taxes due for the next property tax statement and report the amount to the owner.

      3.  An owner who voluntarily pays the deferred taxes may appeal the valuations and calculations upon which the deferred taxes were based in the manner provided in NRS 361A.273.

      4.  If a parcel that has been created after the secured tax roll has been closed is converted to a higher use, the assessor must change the roll to reflect the changes in the parcel or parcels and assess the new parcel or parcels at taxable value for the following fiscal year. The deferred tax must be assessed pursuant to NRS 361A.280.

      Sec. 36.  NRS 375.010 is hereby amended to read as follows:

      375.010  The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:


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

ê1997 Statutes of Nevada, Page 1584 (Chapter 446, AB 644)ê

 

      1.  “Deed” means every instrument in writing, except a last will and testament, whatever its form, and by whatever name it is known in law, by which title to any estate or present interest in real property, including a water right, permit, certificate or application, is conveyed or transferred to, and vested in, another person, but does not include a lease for any term of years or an easement.

      2.  “Value” means:

      (a) In the case of any deed not a gift, the amount of the full, actual consideration paid or to be paid [,] for the real property, excluding the amount of any lien or liens assumed.

      (b) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated price the real property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

      Sec. 37.  NRS 41.0335 is hereby amended to read as follows:

      41.0335  1.  No action may be brought against:

      (a) [Any] A sheriff or county assessor which is based solely upon any act or omission of a deputy;

      (b) A chief of a police department which is based solely upon any act or omission of an officer of the department;

      (c) A chief of a fire department which is based solely upon any act or omission of a fireman or other person called to assist the department;

      (d) A member of the board of trustees of a county school district, the superintendent of schools of that school district or the principal of a school, which is based solely upon any act or omission of a person volunteering as a crossing guard; or

      (e) A chief of a local law enforcement agency which is based solely on any act or omission of a person volunteering as a crossing guard.

      2.  This section does not:

      (a) Limit the authority of the state or a political subdivision or a public corporation of the state to bring an action on any bond or insurance policy provided pursuant to law for or on behalf of any person who may be aggrieved or wronged.

      (b) Limit or abridge the jurisdiction of any court to render judgment upon any such bond or insurance policy for the benefit of any person so aggrieved or wronged.

      Sec. 38.  NRS 250.040 is hereby amended to read as follows:

      250.040  In case of a vacancy in the office of the county assessor, or failure of any county assessor to qualify as required in this chapter, the board of county commissioners , within 45 days after the vacancy or failure to qualify occurs, shall appoint some suitable person possessing the qualifications of an elector, residing within such county, to fill the vacancy. The person thus appointed shall give bond and take the oath of office prescribed by law that is required of county assessors elected by the people, and shall hold his office until the next ensuing biennial election.

      Sec. 39.  NRS 278.460 is hereby amended to read as follows:

      278.460  1.  A county recorder shall not file for record any final map unless the map:


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

ê1997 Statutes of Nevada, Page 1585 (Chapter 446, AB 644)ê

 

      (a) Contains or is accompanied by the report of a title company and all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local ordinance [.] ; and

      (b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid [.] and that the full amount of any deferred property taxes for the conversion of the property from agricultural use has been paid pursuant to NRS 361A.265.

      2.  Nothing contained in NRS 278.010 to 278.630, inclusive, prevents the recording, pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and any applicable local ordinances, of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, prohibit the filing of a map in accordance with the provisions of any statute requiring the filing of professional land surveyor’s records of surveys.

      3.  A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.

      Sec. 40.  NRS 350.024 is hereby amended to read as follows:

      350.024  1.  Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

      (c) The purposes for which the obligations are to be issued or incurred.

      (d) A disclosure of any:

             (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and

             (2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

      (e) The maximum amount of the obligations, including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.

      (f) The maximum number of years which the obligations are to run.

      (g) An estimate of the range of tax rates necessary to provide for debt service upon the obligations for the dates when they are to be redeemed. The [county assessor] municipality shall, for each such date, [estimate] furnish an estimate of the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessor’s estimates.

      2.  If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.


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

ê1997 Statutes of Nevada, Page 1586 (Chapter 446, AB 644)ê

 

      3.  Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a primary or general municipal election or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.

      4.  If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for two successive calendar weeks next preceding the close of registration for the election.

      Sec. 41.  NRS 354.220 is hereby amended to read as follows:

      354.220  NRS 354.220 to 354.250, inclusive, apply in making applications for refund of money which has been paid into the county treasuries in cases where:

      1.  Through mistake or inadvertence, a county and school district tax for any 1 tax year has, by reason of the assessment of the same piece of property , [to two or more persons,] been paid two or more times.

      2.  A remission of the assessed valuation on a patented mine or mining claim has been ordered by a board having jurisdiction of the matter because annual assessment work was performed thereon, and the remission has not been made by the proper county officers, and taxes on the full valuation have been paid under protest by the owner of the patented mining claims.

      3.  Where licenses or taxes have been twice paid on the same band of sheep.

      4.  In the opinion of the board of county commissioners, or the county treasurer in those cases in which he is authorized to make a refund, the applicant for refund has a just cause for making the application and the granting of the refund would be equitable.

      Sec. 42.  NRS 354.240 is hereby amended to read as follows:

      354.240  1.  If a board of county commissioners determines by competent evidence that money has been paid into the treasury of the county under any of the circumstances mentioned in NRS 354.220, the board of county commissioners, by its unanimous resolution, may direct the county treasurer to refund to the applicant the amount of money paid into the county treasury in excess of the amount legally payable.

      2.  In the case of a claim for a refund of property tax, if the board has unanimously found that the applicant is entitled to a refund, it shall direct the county treasurer to refund to the applicant the amount claimed if the [property tax roll is still open.] claim is made within 3 years after the tax was due. The county may withhold amounts refunded from its subsequent apportionments of revenues from property tax to the other taxing units in the county which levied a tax represented in the combined tax rate.

      3.  If the county treasurer determines by competent evidence that money in the amount of $500 or less has been paid into the county treasury under any of the circumstances listed in NRS 354.220, he may, upon receiving the written approval of the district attorney, refund to the applicant the amount paid which is in excess of the amount legally payable.


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

ê1997 Statutes of Nevada, Page 1587 (Chapter 446, AB 644)ê

 

      4.  In the case of a claim for a refund of property tax which has been authorized and approved in the manner provided in subsection 3, the county treasurer shall make a refund to the applicant in the amount claimed if the [property tax roll is still open.] claim is made within 3 years after the tax was due. The county may withhold amounts refunded from its subsequent apportionments of revenues from property tax to the other taxing units in the county which levied a tax represented in the combined tax rate.

      5.  A board of county commissioners may, in the case of a claim for a refund of a registration fee or deposit paid to the county department of parks and recreation, delegate the authority to approve all such claims of less than $1,000, to:

      (a) The county manager or his designee;

      (b) The county administrator or his designee; or

      (c) In a county that has neither a county manager nor a county administrator, any other county employee.

      6.  A county treasurer, upon receiving written approval of a claim pursuant to subsection 5, may refund to the applicant the amount of the refund due.

      7.  At the end of each month the county treasurer shall provide to the board of county commissioners a list of all refunds made by him during that month. The list must contain the name of each taxpayer or other person to whom a refund was made and the amount of the refund. The county treasurer shall maintain a copy of the list and make it available for public inspection.

      Sec. 43.  NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

      3.  The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county’s general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.


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

ê1997 Statutes of Nevada, Page 1588 (Chapter 446, AB 644)ê

 

rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  An amount equal to any basic privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

      5.  Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

      6.  The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

      Sec. 44.  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 dealer shall require the buyer to sign an acknowledgment of taxes, on a form prescribed by the division, which includes a statement that a manufactured home, mobile home or commercial coach is taxable in the county in which it is located. A dealer who sells a new manufactured home, mobile home or commercial coach shall deliver the buyer’s copy of the acknowledgment of taxes 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.

      3.  The 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.] 4.  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. 45.  (Deleted by amendment.)


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

ê1997 Statutes of Nevada, Page 1589 (Chapter 446, AB 644)ê

 

      Sec. 46.  NRS 489.521 is hereby amended to read as follows:

      489.521  1.  If a used or rebuilt manufactured home, mobile home or commercial coach is sold in this state by a person who is not a dealer or rebuilder, the seller or buyer or both of them shall submit to the division , and a copy to the county assessor of the county in which the manufactured home, mobile home or commercial coach is located, within 45 days after the sale:

      (a) If a certificate of ownership has been issued in this state, that certificate properly endorsed.

      (b) If a certificate of title or other document of title has been issued by a public authority of another state, territory or country:

             (1) The certificate or document properly endorsed; and

             (2) A statement showing, if not included on the endorsed certificate or document, the description of the manufactured home, mobile home or commercial coach, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. The statement must be signed and acknowledged by the seller and buyer.

      (c) If a document of title has not been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by subparagraph (2) of paragraph (b) of subsection 1.

      2.  If a used or rebuilt manufactured home, mobile home or commercial coach is sold by a person who is not 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 or buyer, or both, shall submit to the division any information required by the regulations adopted by the administrator pursuant to NRS 489.272.

      Sec. 47.  NRS 709.120 is hereby amended to read as follows:

      709.120  The grantee of any franchise, right or privilege secured under the terms and provisions of NRS 709.050 to 709.170, inclusive, shall file annually, on or before the [1st] first Monday of March, with the county [assessor] treasurer of the county wherein it is engaged in business under such franchise, right or privilege, an affidavit made by its president and secretary setting forth the gross receipts and expenses for the preceding year, and the net profits, if any, for the same period.

      Sec. 48.  Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:

       Sec. 8.  NRS 482.181 is hereby amended to read as follows:

       482.181  1.  Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

       2.  Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045.

       3.  The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county’s general fund.


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

ê1997 Statutes of Nevada, Page 1590 (Chapter 446, AB 644)ê

 

all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county’s general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety.  For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

       4.  The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.

       5.  An amount equal to any basic privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

       [5.] 6.  Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

       [6.] 7.  The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

      Sec. 49.  1.  NRS 360.410 is hereby repealed.

      2.  NRS 361.153 is hereby repealed.

      Sec. 50.  1.  This section and sections 1 to 15, inclusive, 17 to 43, inclusive, 45 to 48, inclusive, and subsection 2 of section 49 of this act become effective on July 1, 1997.

      2.  Subsection 1 of section 49 of this act becomes effective at 12:01 a.m. on July 1, 1997.

      3.  Section 44 of this act becomes effective on October 1, 1997.

      4.  Section 16 of this act becomes effective on July 1, 1998.

________

 


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

ê1997 Statutes of Nevada, Page 1591ê

 

CHAPTER 447, AB 646

Assembly Bill No. 646–Committee on Judiciary

CHAPTER 447

AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; deleting obsolete provisions; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 11.190 is hereby amended to read as follows:

      11.190  Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, [can] may only be commenced as follows:

      1.  Within 6 years:

      (a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable [man] person upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in NRS 112.230, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.


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

ê1997 Statutes of Nevada, Page 1592 (Chapter 447, AB 646)ê

 

      (e) An action pursuant to NRS 40.750 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      Sec. 2.  NRS 51.345 is hereby amended to read as follows:

      51.345  1.  A statement which at the time of its making:

      (a) Was so far contrary to the [declarant’s] pecuniary or proprietary interest [;] of the declarant;

      (b) So far tended to subject [him] the declarant to civil or criminal liability;

      (c) So far tended to render invalid a claim by [him] the declarant against another; or

      (d) So far tended to make [him] the declarant an object of hatred, ridicule or social disapproval,

that a reasonable [man in his] person in the position of the declarant would not have made the statement unless [he] the declarant believed it to be true is not inadmissible under the hearsay rule if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused in a criminal case is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.


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

ê1997 Statutes of Nevada, Page 1593 (Chapter 447, AB 646)ê

 

corroborating circumstances clearly indicate the trustworthiness of the statement.

      2.  This section does not make admissible a statement or confession offered against the accused made by a codefendant or other person implicating both himself and the accused.

      Sec. 3.  NRS 52.255 is hereby amended to read as follows:

      52.255  Except as otherwise provided in NRS 52.247, the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if:

      1.  All originals are lost or have been destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent ; [.]

      2.  No original can be obtained by any available judicial process or procedure ; [.]

      3.  At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing [.] ; or

      4.  The writing, recording or photograph is not closely related to a controlling issue.

      Sec. 4.  NRS 90.520 is hereby amended to read as follows:

      90.520  1.  As used in this section:

      (a) “Guaranteed” means guaranteed as to payment of all or substantially all of principal and interest or dividends.

      (b) “Insured” means insured as to payment of all or substantially all of principal and interest or dividends.

      2.  Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:

      (a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from an enterprise unless the:

             (1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration [under] pursuant to paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;

             (2) Security is issued by this state or an agency, instrumentality or political subdivision of this state; or

             (3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moody’s [Investor] Investors Service, Inc.,


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

ê1997 Statutes of Nevada, Page 1594 (Chapter 447, AB 646)ê

 

received a rating within one of the top four rating categories of either Moody’s [Investor] Investors Service, Inc., or Standard and Poor’s [Corporation.] Ratings Services.

      (b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.

      (c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.

      (d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state.

      (e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:

             (1) Subject to the jurisdiction of the [Interstate Commerce Commission;] Surface Transportation Board;

             (2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of that act;

             (3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or

             (4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.

      (f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt [under] pursuant to this section.

      (g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or other exchange designated by the administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.

      (h) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the national market system by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.

      (i) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option is:

 


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

ê1997 Statutes of Nevada, Page 1595 (Chapter 447, AB 646)ê

 

substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option is:

             (1) Registered under NRS 90.470, 90.480 or 90.490;

             (2) Exempt [under] pursuant to this section; or

             (3) Not otherwise required to be registered under this chapter.

      (j) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the administrator by order does not disallow the exemption within the next 5 full business days.

      (k) A promissory note, draft, bill of exchange or banker’s acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.

      (l) A security issued in connection with an employees’ stock purchase, savings, option, profit-sharing, pension or similar employees’ benefit plan.

      (m) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the general public.

      (n) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:

             (1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Adviser Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt [under] pursuant to this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or

             (2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt [under] pursuant to this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.

      3.  For the purpose of paragraph (n) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.


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

ê1997 Statutes of Nevada, Page 1596 (Chapter 447, AB 646)ê

 

      4.  The exemption provided by paragraph (n) of subsection 2 is available only if the person claiming the exemption files with the administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this state and pays a fee of:

      (a) Two hundred and fifty dollars for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this state, in the case of an open-end management company; or

      (b) One hundred and fifty dollars for the initial claim of exemption in the case of a unit investment trust.

      5.  An exemption provided by paragraph (c), (e), (f), (i) or (k) of subsection 2 is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the administrator and a nonrefundable fee of $150 has been paid.

      Sec. 5.  NRS 120A.150 is hereby amended to read as follows:

      120A.150  1.  The expiration, before , on or after January 1, 1980, of any period specified by a contract, statute or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter.

      2.  Except as otherwise provided in this subsection, no action or proceeding may be commenced by the administrator with respect to any duty of a holder [under] pursuant to this chapter more than 10 years after the duty arose. The provisions of this subsection do not apply to any action or proceeding against a state or the Federal Government, or any agency or entity thereof.

      Sec. 6.  NRS 123.225 is hereby amended to read as follows:

      123.225  1.  The respective interests of the husband and wife in community property during continuance of the marriage relation are present, existing and equal interests, subject to the provisions of NRS 123.230.

      2.  The provisions of this section apply to all community property, whether the community property was acquired [prior or subsequent to] before, on or after March 26, 1959.

      Sec. 7.  NRS 123.230 is hereby amended to read as follows:

      123.230  A spouse may, by written power of attorney, give to the other the complete power to sell, convey or encumber any property held as community property or either spouse, acting alone, may manage and control community property, whether the community property was acquired before , on or after July 1, 1975, with the same power of disposition as the acting spouse has over his separate property, except that:

      1.  Neither spouse may devise or bequeath more than one-half of the community property.

      2.  Neither spouse may make a gift of community property without the express or implied consent of the other.

      3.  Neither spouse may sell, convey or encumber the community real property unless both join in the execution of the deed or other instrument by which the real property is sold, conveyed or encumbered, and the deed or other instrument must be acknowledged by both.


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

ê1997 Statutes of Nevada, Page 1597 (Chapter 447, AB 646)ê

 

which the real property is sold, conveyed or encumbered, and the deed or other instrument must be acknowledged by both.

      4.  Neither spouse may purchase or contract to purchase community real property unless both join in the transaction of purchase or in the execution of the contract to purchase.

      5.  Neither spouse may create a security interest, other than a purchase money security interest as defined in NRS 104.9107, in, or sell, community household goods, furnishings or appliances unless both join in executing the security agreement or contract of sale, if any.

      6.  Neither spouse may acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of a business where both spouses participate in its management without the consent of the other. If only one spouse participates in management, he may, in the ordinary course of business, acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of the business without the consent of the nonparticipating spouse.

      Sec. 8.  NRS 123.250 is hereby amended to read as follows:

      123.250  1.  Upon the death of either husband or wife:

      (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.

      (b) The remaining interest is subject to the testamentary disposition of the decedent, in the absence thereof goes, except as otherwise provided in NRS 134.007, to the surviving spouse, and is the only portion subject to administration under the provisions of Title 12 of NRS.

      2.  The provisions of this section apply to all community property, whether the community property was acquired [prior or subsequent to] before, on or after July 1, 1975.

      Sec. 9.  NRS 164.050 is hereby amended to read as follows:

      164.050  1.  In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which [men] persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, and subject to any express provision or limitation contained in any particular trust instrument or will, a fiduciary [is authorized to] may acquire and retain every kind of property, real, personal or mixed, and every kind of investment, [specifically including, but not by way of] including, without limitation, bonds, debentures, and other corporate obligations, and stocks, preferred or common, which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.

      2.  The propriety of an investment decision is to be determined by what the fiduciary knew or should have known at the time of the decision about the inherent nature and expected performance of the investment, the attributes of the portfolio, the general economy and the needs and objectives of the beneficiaries of the account as they existed at the time of the decision. Any determination of the liability of the fiduciary for the performance of his investments must be made giving consideration not only to the performance of a particular investment, but also to the performance of the portfolio as a whole.


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

ê1997 Statutes of Nevada, Page 1598 (Chapter 447, AB 646)ê

 

investments must be made giving consideration not only to the performance of a particular investment, but also to the performance of the portfolio as a whole.

      3.  Nothing contained in this section authorizes any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the [fiduciary’s] duties and powers [, but the terms “legal investment,”] , the term “legal investment” or “authorized investment,” or words of similar import, as used in any such instrument, [shall be taken] must be construed to mean any investment which is permitted by the terms of subsection 1.

      4.  The provisions of this section govern fiduciaries acting [under] pursuant to wills, agreements, court orders and other instruments . [now existing or hereafter made.]

      Sec. 10.  NRS 164.220 is hereby amended to read as follows:

      164.220  1.  A trust [shall] must be administered with due regard to the respective interests of income beneficiaries and remaindermen. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or partly to each:

      (a) In accordance with the terms of the trust instrument;

      (b) In the absence of any contrary terms of the trust instrument, in accordance with the provisions of NRS 164.140 to 164.370, inclusive; or

      (c) If neither of the preceding rules of administration is applicable, in accordance with what is reasonable and equitable in view of the interest of those entitled to income as well as of those entitled to principal, and in view of the manner in which [men] persons of ordinary prudence, discretion and judgment would act in the management of their own affairs.

      2.  If the trust instrument gives the trustee discretion in crediting a receipt or charging an expenditure to income or principal , or partly to each, no inference of imprudence or partiality arises from the fact that the trustee has made an allocation contrary to a provision of NRS 164.140 to 164.370, inclusive.

      Sec. 11.  NRS 164.360 is hereby amended to read as follows:

      164.360  Except as specifically provided in the trust instrument, the will or NRS 164.140 to 164.370, inclusive, NRS 164.140 to 164.370, inclusive, apply to any receipt or expense received or incurred after July 1, 1969, by any trust or [decedent’s estate,] estate of a decedent whether the trust or estate was established before , on or after July 1, 1969, and whether the asset involved was acquired by the trustee before , on or after July 1, 1969.

      Sec. 12.  NRS 176.127 is hereby amended to read as follows:

      176.127  1.  If a court accepts a plea of guilty but mentally ill pursuant to NRS 174.041, the court shall, before imposing sentence, afford the defendant an opportunity to present evidence of his present mental condition. If the defendant claims that he is mentally ill at the time of sentencing, the burden of proof is upon the defendant to establish that fact by a preponderance of the evidence.

      2.  If the defendant has been ordered to the custody of the department of prisons, the court may order the department to cause an examination of the defendant to be conducted to determine his mental condition, and may receive the evidence of any expert witness offered by the defendant or the prosecuting attorney.


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

ê1997 Statutes of Nevada, Page 1599 (Chapter 447, AB 646)ê

 

receive the evidence of any expert witness offered by the defendant or the prosecuting attorney.

      3.  If the court finds:

      (a) That the defendant is not mentally ill at the time of sentencing, it shall impose any sentence that it is authorized to impose upon a defendant who pleads or is found guilty of the same offense.

      (b) By a preponderance of the evidence that the defendant is mentally ill at the time of sentencing, it shall impose any sentence that it is authorized to impose upon a defendant who pleads or is found guilty of the same offense and include in that sentence an order that the defendant, during the period of his confinement or probation, be given such treatment as is available for his mental illness if [it] the court determines that the relative risks and benefits of the available treatment are such that a reasonable [man] person would consent to such treatment. The treatment must be provided by the department of prisons.

      Sec. 13.  NRS 179.118 is hereby amended to read as follows:

      179.118  1.  The proceeds from any sale or retention of property declared to be forfeited must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.

      2.  Any balance remaining after the distribution required by subsection 1 must be deposited as follows:

      (a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body [which] that controls the plaintiff.

      (b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.

      (c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

      (d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 [, 200.720,] to 200.730 , inclusive, or 201.230.

      (e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph [(i)] (e) of subsection 1 of NRS 62.211.

      Sec. 14.  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.


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

ê1997 Statutes of Nevada, Page 1600 (Chapter 447, AB 646)ê

 

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;

      (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] nolo contendere 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.

      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. 15.  NRS 193.017 is hereby amended to read as follows:................................

      193.017  “Knowingly” imports a knowledge that the facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness . [; knowledge] Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent [man] person upon inquiry.

      Sec. 16.  NRS 193.018 is hereby amended to read as follows:

      193.018  “Neglect,” “negligence,” “negligent” and “negligently” import a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent [man] person usually exercises in his own business.


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

ê1997 Statutes of Nevada, Page 1601 (Chapter 447, AB 646)ê

 

      Sec. 17.  NRS 202.350 is hereby amended to read as follows:

      202.350  1.  It is unlawful for a person within this state to:

      (a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or

      (b) Except as otherwise provided in subsection 4 , [and NRS 202.3653 to 202.369, inclusive,] carry concealed upon his person any:

            (1) Explosive substance, other than ammunition or any components thereof;

            (2) Dirk, dagger or machete;

            (3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

            (4) Knife which is made an integral part of a belt buckle.

      2.  It is unlawful for a person to possess or use a:

      (a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or

      (b) Machine gun or a silencer.

      3.  Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.

      4.  Except as otherwise provided in this subsection and NRS 202.3653 to 202.369, inclusive, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife.

      5.  As used in this section:

      (a) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

      (b) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

      (c) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

      (d) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.

      (e) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.


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

ê1997 Statutes of Nevada, Page 1602 (Chapter 447, AB 646)ê

 

      Sec. 18.  NRS 205.800 is hereby amended to read as follows:

      205.800  1.  A person who receives money, property, goods, services or anything of value obtained in violation of NRS 205.760, knowing or believing that the money, property, goods, services or other things of value were so obtained, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A person who obtains at a discount price from a source other than the issuing company a ticket issued by an airline, railroad, steamship or other transportation company and acquired in violation of NRS 205.760 under such circumstances as to cause a reasonable [man] person to believe [he had obtained] that the ticket was obtained in violation of this section is presumed to know that the ticket was [acquired] obtained in violation of NRS 205.760.

      Sec. 19.  NRS 208.055 is hereby amended to read as follows:

      208.055  “Knowingly” imports a knowledge that [the] facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness . [; knowledge] Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent [man] person upon inquiry.

      Sec. 20.  NRS 233B.067 is hereby amended to read as follows:

      233B.067  1.  After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and [an original and four copies] one copy of each regulation adopted [,] to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall [have endorsed] endorse on the original and [duplicate copies] the copy of each adopted regulation the date of their receipt . [and] The director shall maintain [one] the copy of the regulation in a file and make the copy available for public inspection for 2 years.

      2.  If an agency submits an adopted regulation to the director of the legislative counsel bureau pursuant to subsection 1 [which:] that:

      (a) The agency is required to adopt pursuant to a federal statute or regulation; and

      (b) Exceeds the [agency’s] specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this state,

it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

      3.  The legislative commission, or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.


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

ê1997 Statutes of Nevada, Page 1603 (Chapter 447, AB 646)ê

 

joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.

      4.  The legislative commission shall notify the director of the results of its review within 30 days after receipt of the regulation from the agency. If the commission does not object to the regulation, the director shall file it with the secretary of state within 35 days after receipt from the agency and notify the agency of the filing. If the commission objects to the regulation after determining that:

      (a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

      (b) The regulation does not conform to statutory authority; or

      (c) The regulation does not carry out legislative intent,

the director shall attach to the regulation a written notice of the [commission’s objection,] objection of the commission, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency.

      Sec. 21.  NRS 233B.123 is hereby amended to read as follows:

      233B.123  In contested cases:

      1.  Irrelevant, immaterial or unduly repetitious evidence [shall] must be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent [men] persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and [shall] must be noted in the record. Subject to [these requirements,] the requirements of this subsection, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

      2.  Documentary evidence may be received in the form of authenticated copies or excerpts, if the original is not readily available. Upon request, parties [shall] must be given an opportunity to compare the copy with the original.

      3.  Every witness shall declare, by oath or affirmation, that he will testify truthfully.

      4.  Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though [such] the matter was not covered in the direct examination, impeach any witness , regardless of which party first called him to testify, and rebut the evidence against him.

      5.  Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the [agency’s] specialized knowledge [. Parties shall] of the agency. Parties must be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they [shall] must be afforded an opportunity to contest the material so noticed. The [agency’s] experience, technical competence, and specialized knowledge of the agency may be utilized in the evaluation of the evidence.


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

ê1997 Statutes of Nevada, Page 1604 (Chapter 447, AB 646)ê

 

      Sec. 22.  NRS 235.040 is hereby amended to read as follows:

      235.040  The trees known as the single-leaf pinon (Pinus monophylla) and the bristlecone pine (Pinus [aristata)] longaeva) are hereby designated as the official state trees of the State of Nevada.

      Sec. 23.  NRS 244A.711 is hereby amended to read as follows:

      244A.711  1.  Except as otherwise provided in NRS 244A.703, after holding the required public hearing, the board [of county commissioners] shall proceed no further unless or until it:

      (a) Except as otherwise provided in subsection 2, determines by resolution the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;

      (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;

      (c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing, or then has in effect, a rating within one of the top four rating categories of either Moody’s [Investor] Investors Service, Inc. , or Standard and Poor’s [Corporation,] Ratings Services, except that a municipal or other public supplier of electricity in this state, a public utility regulated by the public service commission of Nevada, the obligor with respect to a project described in NRS 244A.6975, the owner of a historic structure, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;

      (d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and

      (e) If the project is for the generation and transmission of electricity, determines by resolution that the project will serve one or more of the purposes set forth in NRS 244A.695 and specifies in the resolution its findings supporting that determination.

      2.  If the project is for the generation and transmission of electricity, the board may estimate the total amount of money necessary for its completion, and the total amount of money which may be provided by the county in connection with the project may exceed the estimate, without the requirement for any further public hearings to be held in connection therewith, to the extent that the excess is required to complete the project or to finance any improvements to or replacements in the project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.

      3.  The board may refuse to adopt such a resolution with respect to any project even if all the criteria of subsection 1 are satisfied. If the board desires to adopt such a resolution with respect to any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting this approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.


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

ê1997 Statutes of Nevada, Page 1605 (Chapter 447, AB 646)ê

 

      4.  If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the board shall provide, or determine that there are provided, sufficient safeguards to [assure] ensure that all money provided by the county will be expended solely for the purposes of the project.

      Sec. 24.  NRS 267.515 is hereby amended to read as follows:

      267.515  Any municipality may [otherwise] cooperate with the Federal Government in connection with any project undertaken by the Federal Government, including , without limitation , in the manner provided in the Federal Reclamation Law approved June 17, 1902 (32 Stat. 388), all acts amendatory thereof or supplemental thereto, and any other [Act] act of Congress enacted [prior to] before, on or after March 28, 1969, authorizing or permitting such cooperation.

      Sec. 25.  NRS 268.530 is hereby amended to read as follows:

      268.530  1.  After holding a public hearing as provided in NRS 268.528, the governing body shall proceed no further until it:

      (a) Determines by resolution the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;

      (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;

      (c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moody’s [Investor] Investors Service, Inc., or Standard and Poor’s [Corporation,] Ratings Services, except that a public utility regulated by the public service commission of Nevada, the obligor with respect to a project described in NRS 268.5385, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;

      (d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and

      (e) Finds by resolution that the project:

             (1) Will provide a public benefit;

             (2) Would be compatible with existing facilities in the area adjacent to the location of the project;

             (3) Will encourage the creation of jobs for the residents of this state;

             (4) Is compatible with the general plan of the city adopted pursuant to chapter 278 of NRS; and

             (5) If not exempt from the provisions of subsection 2 of NRS 268.527, will not compete substantially with an enterprise or organization already established in the city or the county within which the city is located.

      2.  The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting the approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.


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

ê1997 Statutes of Nevada, Page 1606 (Chapter 447, AB 646)ê

 

requesting the approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.

      3.  If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to [assure] ensure that all money provided by the city will be expended solely for the purposes of the project.

      Sec. 26.  NRS 284.4065 is hereby amended to read as follows:

      284.4065  1.  Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:

      (a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing his ability to perform his duties safely and efficiently;

      (b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and

      (c) Informs the employee in writing:

             (1) Of whether the test will be for alcohol [,] or drugs, or both;

             (2) That the results of the test are not admissible in any criminal proceeding against him; and

             (3) That he may refuse the test, but that his refusal may result in his dismissal or in other disciplinary action being taken against him.

      2.  An appointing authority may request an employee to submit to a screening test if the employee:

      (a) Is a law enforcement officer and, during the performance of his duties, he discharges a firearm, other than by accident; or

      (b) During the performance of his duties, drives a motor vehicle in such a manner as to cause bodily injury to himself or another person or substantial damage to property.

For the purposes of this subsection, the director shall, by regulation, define the term “substantial damage to property.”

      3.  An appointing authority may place an employee who submits to a screening test on administrative leave with pay until [it] the appointing authority receives the results of the test.

      4.  An appointing authority shall:

      (a) Within a reasonable time after an employee submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at his expense an independent test of his urine or blood from a laboratory of his choice which is certified by the [National Institute on Drug Abuse.] Department of Health and Human Services.

      (b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at his expense an independent test of his blood from a laboratory of his choice.

      (c) Provide the employee with the written results of his screening test within 3 working days after it receives those results.


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

ê1997 Statutes of Nevada, Page 1607 (Chapter 447, AB 646)ê

 

      5.  An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.

      6.  An appointing authority shall not use a screening test to harass an employee.

      Sec. 27.  NRS 284.4067 is hereby amended to read as follows:

      284.4067  1.  A screening test:

      (a) To detect the general presence of a controlled substance or any other drug, must be conducted by an independent laboratory [which] that is certified by the [National Institute on Drug Abuse.] Department of Health and Human Services.

      (b) To detect the general presence of alcohol or of a controlled substance or any other drug, must be administered in such a manner as to protect the person tested from any unnecessary embarrassment.

      2.  Except as otherwise provided in subsection 3, a sample of urine provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The appointing authority shall ensure that the person retains possession and control of his sample until it is appropriately tagged and sealed with tamper-proof tape.

      3.  If the results of a screening test indicate the presence of any drug which could impair [a person’s] the ability of a person to perform the duties of employment safely and efficiently:

      (a) The laboratory shall conduct another test of the same sample of urine to ascertain the specific substances and concentration of those substances in the sample; and

      (b) The appointing authority shall provide the person tested with an opportunity to have the same sample tested at his expense by a laboratory of his choice certified by the [National Institute on Drug Abuse.] Department of Health and Human Services.

      Sec. 28.  NRS 286.682 is hereby amended to read as follows:

      286.682  The board may invest the money in its funds in every kind of investment which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.

      Sec. 29.  NRS 293.176 is hereby amended to read as follows:

      293.176  1.  Except as otherwise provided in subsection 2, no person may be a candidate in any election if he has changed:

      (a) The designation of his political party affiliation; or

      (b) His designation of political party from nonpartisan to a designation of a political party affiliation,

on an application to register to vote in the State of Nevada or in any other state since the September 1 next preceding the closing filing date for the election, whether or not his previous registration was still effective at the time of the change in party designation.

      2.  The provisions of subsection 1 do not apply to any person who is a candidate [for a party nomination] of a political party [which] that was not qualified pursuant to NRS 293.171 on the September 1 next preceding the closing filing date for the election.


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

ê1997 Statutes of Nevada, Page 1608 (Chapter 447, AB 646)ê

 

      Sec. 30.  NRS 293.370 is hereby amended to read as follows:

      293.370  1.  When all the votes have been tallied, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes he received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.

      2.  The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:

      (a) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or

      (b) A general election.

      Sec. 31.  NRS 293B.130 is hereby amended to read as follows:

      293B.130  1.  Before any election where a mechanical voting system is to be used, the county or city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:

      (a) All lawful votes cast by each voter must be counted.

      (b) All unlawful votes, including , but not limited to , overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the [voter’s registration,] registration of the voter must not be counted.

      (c) If the election is:

             (1) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or

             (2) A general election,

the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.

      (d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.

      2.  The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.

      3.  The county clerk shall take such measures as he deems necessary to protect the program from being altered or damaged.

      Sec. 32.  NRS 293B.380 is hereby amended to read as follows:

      293B.380  1.  The ballot processing and packaging board must be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.

      2.  The board shall:

      (a) Allow members of the general public to observe the counting area where the computers are located during the period when ballots are being processed if those members do not interfere with the processing of the ballots.

      (b) Receive ballots and maintain groupings of them by precinct.


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

ê1997 Statutes of Nevada, Page 1609 (Chapter 447, AB 646)ê

 

      (c) Before each counting of the ballots or computer run begins, validate the testing material with the counting program.

      (d) Maintain a log showing the sequence in which the ballots of each precinct are processed, as a measure to ensure that the ballots of all precincts are processed.

      (e) After each counting of the ballots, again verify the testing material with the counting program to substantiate that there has been no substitution or irregularity.

      (f) Record an explanation of any irregularity that occurs in the processing.

      (g) If the election is:

             (1) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or

             (2) A general election,

ensure that a list is compiled indicating the total votes, other than absentee votes and votes in a mailing precinct, which each candidate accumulated in each precinct.

      (h) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the county clerk for sealing and storage.

      Sec. 33.  NRS 318.220 is hereby amended to read as follows:

      318.220  1.  Any municipality, county, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any project or any part [or parts] thereof or any interest in real or personal property or any [funds] money available for construction or improvement purposes, including the proceeds of bonds issued [prior to] before, on or after March 30, 1959, for construction or improvement purposes which may be used by the district in the construction, improvement, maintenance or operation of any project.

      2.  Any municipality, county or special district is also authorized to transfer, assign and set over to any district any contracts which may have been awarded by the municipality, county or special district for the construction of projects not begun or, if begun, not completed.

      3.  The territory being served by any project or the territory within which the project is authorized to render service at the time of the acquisition of the project by a district [shall] must include the area served by the project and the area in which the project is authorized to serve at the time of acquisition and any other area into which the service may be extended within the district . [; but where] If an election is required either by general law or charter provision to authorize [such] the transfer, such election [shall be forthwith] must be called and [shall be] conducted as provided by law.

      Sec. 34.  NRS 321.500 is hereby amended to read as follows:

      321.500  1.  The commission may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.


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

ê1997 Statutes of Nevada, Page 1610 (Chapter 447, AB 646)ê

 

      2.  The lands referred to in subsection 1 are described as follows:

      Parcel 1.  All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.

      Parcel 2.  All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

      Parcel 3.  East 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.

      Parcel 4.  Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line. All [range] references to township and range in this subsection refer to Mount Diablo base and meridian.

      Sec. 35.  NRS 348.210 is hereby amended to read as follows:

      348.210  “Public security” means any note, warrant, interim debenture [,] or bond [(including,] , including, without limitation, a temporary [bond),] bond, or other security and comprises either a certificated public security or an uncertificated public security evidencing a loan and, before , on or after May 12, 1983, is authorized by the state to be incurred by a public body.

      Sec. 36.  NRS 349.120 is hereby amended to read as follows:

      349.120  1.  For each biennium, [shall] must be provided by direct legislative appropriation from the state general fund sufficient in amount to meet the bond interest and redemption requirements of the State of Nevada, as designated by the various issues of bonds for which the faith of the State of Nevada has been or may hereafter be pledged. The amount [shall] must be determined by the legislature from time to time so as to effectuate the purposes of NRS 349.080 to 349.140, inclusive.

      2.  All moneys so appropriated [shall] must be placed in the consolidated bond interest and redemption fund. All moneys so appropriated and placed are hereby expressly set apart and appropriated [for the purpose of discharging] to discharge the obligations of the State of Nevada for bond interest and redemption of bonds issued [prior to and] before, on or after March 28, 1939.

      Sec. 37.  NRS 349.590 is hereby amended to read as follows:

      349.590  Before financing a project pursuant to subsection 2 of NRS 349.580, the director and the state board of finance must also:

      1.  Determine the total amount of money necessary to be provided by the director for financing the project.

      2.  Receive a 5-year operating history from the contemplated lessee, purchaser or other obligor or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued.

      3.  Consider whether the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments has received within the 12 months preceding the date of the findings of the director, or then has or has not in effect, a rating within one of the top four rating categories of either Moody’s [Investor] Investors Service, Inc.


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

ê1997 Statutes of Nevada, Page 1611 (Chapter 447, AB 646)ê

 

rating categories of either Moody’s [Investor] Investors Service, Inc. , or Standard and Poor’s [Corporation.] Ratings Services.

      4.  Identify any existing facilities of a like nature within the area to be served by the project and consider what the competitive effect of the project would be on the existing facilities.

      5.  Consider the extent to which the project is affected by any federal, state or local governmental action, activity, program or development.

      6.  Consider whether the lessee, purchaser, other obligor or other enterprise of the project has maintained facilities appropriate to the community in [Nevada] this state for 10 years or longer.

      Sec. 38.  NRS 354.580 is hereby amended to read as follows:

      354.580  “Trust [and] or agency fund” means a fund used to account for assets held by a governmental unit as a trustee or an agent for persons, private organizations, other governmental units, other funds or any combination of them. The term includes an expendable trust fund, a nonexpendable trust fund or a pension trust fund.

      Sec. 39.  NRS 354.624 is hereby amended to read as follows:

      354.624  1.  Each local government shall provide for an annual audit of all of its:

      (a) Funds;

      (b) Account groups; and

      (c) Separate accounts established pursuant to NRS 354.603.

A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered [under the provisions of] pursuant to chapter 628 of NRS.

      2.  The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.

      3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.

      4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget.


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

ê1997 Statutes of Nevada, Page 1612 (Chapter 447, AB 646)ê

 

and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The report of the audit must include:

      (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989;

      (b) A comparison of operations of the local government with the approved budget and a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous reports have been acted upon by adoption as recommended, adoption with modifications or rejection; and

      (c) A statement from the auditor indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

             (1) An enterprise fund.

             (2) An internal service fund.

             (3) A trust [and] or agency fund.

             (4) A self-insurance fund.

             (5) A fund whose balance is required by law to be:

                   (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

                   (II) Carried forward to the succeeding fiscal year in any designated amount.

      5.  The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

      (a) The clerk or secretary of the governing body;

      (b) The county clerk;

      (c) The department of taxation; and

      (d) In the case of a school district, the department of education.

      6.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

      Sec. 40.  NRS 361B.170 is hereby amended to read as follows:

      361B.170  1.  Except as otherwise provided in subsections 2 and 3, the governing body, on the behalf and in the name of the municipality, may at any time designate a tax increment area comprising any specially benefited zone within the municipality designated and approved [under] pursuant to chapter 274 of NRS, [for the purpose of creating] to create a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment, or any combination thereof, of a project or projects authorized in the County Bond Law or the City Bond Law, including , without limitation, the condemnation of property for any such undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this chapter.


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

ê1997 Statutes of Nevada, Page 1613 (Chapter 447, AB 646)ê

 

property for any such undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this chapter.

      2.  The right of way property of a railroad company which is under the jurisdiction of the [Interstate Commerce Commission] Surface Transportation Board must not be included in a tax increment area unless the inclusion of the property is mutually agreed upon by the governing body and the railroad company.

      3.  The taxable property of a tax increment area must not be included in any subsequently created tax increment area until at least 50 years after the effective date of creation of the first tax increment area in which the property was included.

      Sec. 41.  NRS 394.241 is hereby amended to read as follows:

      394.241  1.  An elementary or secondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:

      (a) The quality and content of each course of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.

      (b) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.

      (c) The education and experience qualifications of directors, administrators, supervisors and instructors reasonably [insure] ensure that the students will receive education consistent with the objectives of the course or program of study.

      (d) The institution provides pupils and other interested persons with a catalog or brochure containing information describing the grades or programs offered, program objectives, length of school year or program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and such other material facts concerning the institution as are reasonably likely to affect the decision of the parents or pupil to enroll in the institution, together with any other disclosures specified by the superintendent or defined in the regulations of the board, and the information is provided to parents or prospective pupils [prior to] before enrollment.

      (e) Upon satisfactory completion of training or instruction, the pupil is given appropriate educational credentials by the institution indicating that the course of instruction or study has been satisfactorily completed.

      (f) Adequate records are maintained by the institution to show attendance, progress and performance.

      (g) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including regulations adopted relative to the safety and health of all persons upon the premises.

      (h) The institution is financially sound and capable of fulfilling its commitments.

      (i) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.


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

ê1997 Statutes of Nevada, Page 1614 (Chapter 447, AB 646)ê

 

      (j) The chief executive officer, trustees, directors, owners, administrators, supervisors, staff, instructors and agents are of good reputation and character.

      (k) The pupil housing owned, maintained or approved by the institution, if any, is appropriate, safe and adequate.

      (l) The institution has a fair and equitable cancellation and refund policy.

      2.  Accreditation by national or regional accrediting agencies recognized by the United States [Office] Department of Education may be accepted as evidence of compliance with the minimum standards established [under] pursuant to this section. Accreditation by a recognized, specialized accrediting agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by [such] the agency if the institution as a whole is not accredited.

      Sec. 42.  NRS 398.185 is hereby amended to read as follows:

      398.185  1.  Irrelevant, immaterial or unduly repetitious evidence must be excluded from a proceeding. Evidence may be admitted if it is of the type commonly relied upon by reasonable, prudent [men] persons in the conduct of their affairs.

      2.  The laws of this state relating to privilege must be observed in all proceedings.

      3.  Objections to evidentiary matters may be made and must be noted in the record of a proceeding.

      4.  Evidence may be received in written form if it will result in an expedited proceeding and will not substantially prejudice a party.

      Sec. 43.  NRS 398.225 is hereby amended to read as follows:

      398.225  1.  A national collegiate athletic association shall not impose a sanction on any institution located in this state, its employees, student athletes, students or boosters, for a violation of the rules of the association, or impose a sanction on an institution located in this state or its athletic conference for failure of the institution to impose sanctions on its employees, student athletes, students or boosters, unless the association complies with the minimum procedural standards set forth in NRS 398.155 to 398.255, inclusive.

      2.  Any finding of a violation by a national collegiate athletic association must be based upon and supported by a preponderance of evidence [which is] that:

      (a) Is of the type commonly relied upon by reasonable and prudent [men] persons in the conduct of their affairs ; and [which has]

      (b) Has been submitted and received in a hearing held and conducted in conformance with the provisions of NRS 398.155 to 398.255, inclusive.

      3.  Any penalty or sanction imposed by a national collegiate athletic association must be reasonable in light of the nature and gravity of the violation and must be consistent with penalties and sanctions previously imposed by the national collegiate athletic association upon other member institutions for violations of similar nature and gravity.


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

ê1997 Statutes of Nevada, Page 1615 (Chapter 447, AB 646)ê

 

      Sec. 44.  NRS 405.191 is hereby amended to read as follows:

      405.191  As used in NRS 405.193 and 405.195, “public road” includes:

      1.  A United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency.

      2.  Any way which exists upon a right of way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before , on or after July 1, 1979. Each board of county commissioners may locate and determine the width of such rights of way and locate, open for public use and establish thereon county roads or highways, but public use alone has been and is sufficient to evidence an acceptance of the grant of a public user right of way pursuant to former 43 U.S.C. § 932.

      3.  Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.

      Sec. 45.  NRS 412.562 is hereby amended to read as follows:

      412.562  Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the Nevada National Guard of which persons subject to this code may be guilty [shall] must be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken and jurisdiction may not be extended to the crimes of murder, manslaughter, sexual assault, larceny and wrongful appropriation for value of $100 and over, robbery, [maiming, sodomy,] mayhem, arson, extortion, assault, burglary , [or] invasion of the home [,] or the infamous crime against nature, jurisdiction of which is reserved to civil courts, except as otherwise provided in NRS 412.322.

      Sec. 46.  NRS 422.297 is hereby amended to read as follows:

      422.297  In any hearing held pursuant to the provisions of subsection 2 of NRS 422.294:

      1.  Irrelevant, immaterial or unduly repetitious evidence must be excluded. Unless it is privileged [under] pursuant to chapter 49 of NRS, evidence, including , without limitation, hearsay, may be admitted [,] if it is of a type commonly relied upon by reasonable and prudent [men] persons in the conduct of their affairs. Objections to evidentiary offers may be made. Subject to [these requirements,] the requirements of this subsection, if a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

      2.  Documentary evidence may be received in the form of copies or excerpts. Upon request, parties must be given an opportunity to compare the copy with the original.


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

ê1997 Statutes of Nevada, Page 1616 (Chapter 447, AB 646)ê

 

      3.  Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues [even though] whether or not the matter was [not] covered in the direct examination, impeach any witness , regardless of which party first called him to testify, and rebut the evidence against him.

      Sec. 47.  NRS 439.360 is hereby amended to read as follows:

      439.360  The county board of health [shall have the power:

      1.  To abate ] may:

      1.  Abate nuisances in accordance with law.

      2.  [To establish] Establish and maintain an isolation hospital or quarantine station when necessary.

      3.  [To restrain,] Restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease [,] that is dangerous to the public health.

      4.  [To appoint] Appoint quarantine officers when necessary to enforce quarantine, and shall provide whatever medicines, disinfectants and provisions which may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available , [;] but each patient shall, if he is able, pay for his food, medicine, clothes and medical attendance.

      5.  Subject to the prior review and approval of the board of county [commission, to] commissioners, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from [such] the board pursuant to a law of this state [law] or an ordinance adopted by any political subdivision [.] of this state. Such fees [shall] must be for the sole purpose of defraying the costs and expenses of the licensing and permit procedures and investigations related thereto and not for general revenue purposes.

      Sec. 48.  Chapter 447 of NRS is hereby amended by adding thereto the provisions set forth as sections 49 and 50 of this act.

      Sec. 49.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 447.010 and section 47 of this act have the meanings ascribed to them in those sections.

      Sec. 50.  “Health authority” means:

      1.  The officers and agents of the health division of the department of human resources; or

      2.  The officers and agents of the local boards of health.

      Sec. 51.  NRS 447.010 is hereby amended to read as follows:

      447.010  [Every] “Hotel” means every building or structure kept as, used as, maintained as, or held out to the public to be, a place where sleeping or rooming accommodations are furnished to the transient public, whether with or without meals [, shall, for the purpose of this chapter, be deemed to be a hotel; and whenever the word “hotel” shall occur in this chapter it shall be deemed to include] , including, without limitation, a lodginghouse or rooming house where transient trade is solicited.

      Sec. 52.  NRS 447.145 is hereby amended to read as follows:

      447.145  1.  In every hotel and any other type of transient lodging establishment , the heating and ventilating systems [shall] must be constructed, installed and operated so as to reduce to a minimum the possibilities of fire, explosion, asphyxiation or gas poisoning.


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

ê1997 Statutes of Nevada, Page 1617 (Chapter 447, AB 646)ê

 

constructed, installed and operated so as to reduce to a minimum the possibilities of fire, explosion, asphyxiation or gas poisoning.

      2.  Faultily constructed or installed heating and ventilating systems in hotels and other types of transient lodging establishments constructed [prior to] before July 1, 1957, [shall] must be reconstructed, repaired or replaced upon order of the health authority whenever the continued operation of the faultily constructed or installed heating and ventilating systems will result in detriment to the health and life of the occupants of the building.

      3.  The [state board of health or local board of health is authorized to] health authority may adopt rules, regulations and codes governing the construction, installation and operation of heating and ventilating systems in hotels and other types of transient lodging establishments.

      Sec. 53.  NRS 458.420 is hereby amended to read as follows:

      458.420  The commission shall:

      1.  Develop and coordinate a state master plan [which] that must include [:] , without limitation:

      (a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;

      (b) A summary of the current activities of the commission;

      (c) The goals and objectives of the commission;

      (d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and

      (e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.

      2.  Prepare and deliver to the governor on or before September 1 of each year a report [which] that summarizes the status of the state master plan and of the [commission’s] efforts of the commission to achieve its goals and objectives.

      3.  Hold and coordinate public hearings throughout the state as are necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.

      4.  Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.

      5.  Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.

      6.  Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.


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

ê1997 Statutes of Nevada, Page 1618 (Chapter 447, AB 646)ê

 

      7.  Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.

      8.  Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.

      9.  Disseminate information concerning the provisions of NRS 62.226 and 62.227 with the assistance of the department of [human resources,] employment, training and rehabilitation, the department of motor vehicles and public safety , and the superintendent of public instruction.

      Sec. 54.  NRS 459.707 is hereby amended to read as follows:

      459.707  1.  The division shall not issue to any common, contract or private motor carrier of property who is seeking to transport radioactive waste upon the highways of this state a permit required pursuant to NRS 459.705 without first obtaining the approval of the public service commission of Nevada.

      2.  The public service commission of Nevada shall not approve the issuance of such a permit unless it determines that the carrier transporting the waste complies and will continue to comply with all laws and regulations of this state and the Federal Government respecting the handling and transport of radioactive waste and the safety of drivers and vehicles.

      3.  The division shall revoke a permit to transport radioactive waste issued pursuant to NRS 459.705 if it finds that, while transporting radioactive waste, the carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles.

      4.  The division shall notify the public service commission of Nevada upon receiving information that, while transporting radioactive waste, a carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles. Upon being notified, the public service commission of Nevada may:

      (a) Revoke a certificate issued pursuant to chapter 706 of NRS; or

      (b) In the case of a carrier whose certificate is issued by the [Interstate Commerce Commission,] Surface Transportation Board, file a complaint with that commission.

      Sec. 55.  NRS 482.206 is hereby amended to read as follows:

      482.206  1.  Except as otherwise provided in this section, every motor vehicle, except [one which] for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which is a motor vehicle with a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this state.

      2.  Every vehicle registered by an agent of the department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.

      3.  Upon the application of the owner of a fleet of vehicles, the director may permit him to register his fleet on the basis of a calendar year.


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

ê1997 Statutes of Nevada, Page 1619 (Chapter 447, AB 646)ê

 

      4.  When the registration of any vehicle is transferred pursuant to the provisions of NRS 482.3667, 482.379 or 482.399, the expiration date of [a] each regular license plate , [or plates, collegiate license plate or plates, commemorative license plate or plates,] special license plate [or plates] or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

      (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the department; or

      (b) The day after the transfer in all other cases,

and a credit on the portion of the fee for registration and privilege tax attributable to the remainder of the current period of registration allowed [according] pursuant to the applicable provisions of NRS 482.3667, 482.379 and 482.399.

      Sec. 56.  NRS 483.160 is hereby amended to read as follows:

      483.160  1.  “School bus” means every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.

      2.  “School bus” does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the [Interstate Commerce Commission] Surface Transportation Board or the public service commission of Nevada when such a vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.

      Sec. 57.  NRS 483.205 is hereby amended to read as follows:

      483.205  When the [director of the department] administrator considers it necessary to obtain assistance for the department in determining the physical or mental ability of a person to operate a motor vehicle, the [director,] administrator, assisted by the state health officer, may appoint a medical board consisting of three members to render such assistance.

      Sec. 58.  NRS 484.148 is hereby amended to read as follows:

      484.148  1.  “School bus” means every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.

      2.  “School bus” does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the [Interstate Commerce Commission] Surface Transportation Board or the public service commission of Nevada when such a vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.


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

ê1997 Statutes of Nevada, Page 1620 (Chapter 447, AB 646)ê

 

      Sec. 59.  NRS 484.229 is hereby amended to read as follows:

      484.229  1.  Except as otherwise provided in subsections 2, 3 and 4, the driver of a vehicle which is in any manner involved in an accident on a highway or on premises to which the public has access, if the accident results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, shall, within 10 days after the accident, forward a written report of the accident to the department. Whenever damage occurs to a motor vehicle, the operator shall attach to the accident report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this state, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to chapter 684B of NRS. The department may require the driver or owner of the vehicle to file supplemental written reports whenever the original report is insufficient in the opinion of the department.

      2.  A report is not required from any person if the accident was investigated by a law enforcement agency and the report of the investigating officer contains:

      (a) The name and address of the insurance company providing coverage to each person involved in the accident;

      (b) The number of each policy; and

      (c) The dates on which the coverage begins and ends.

      3.  The driver of a vehicle subject to the jurisdiction of the [Interstate Commerce Commission] Surface Transportation Board or the public service commission of Nevada need not submit in his report the information requested pursuant to subsection 3 of NRS 484.247 until the 10th day of the month following the month in which the accident occurred.

      4.  A written accident report is not required pursuant to this chapter from any person who is physically incapable of making a report, during the period of his incapacity. Whenever the driver is physically incapable of making a written report of an accident as required in this section and he is not the owner of the vehicle, the owner shall , within 10 days after knowledge of the accident , make the report not made by the driver.

      5.  All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents are without prejudice to the person so reporting and are for the confidential use of the department or other state agencies having use of the records for accident prevention, except that the department may disclose to a person involved in an accident or to his insurer the identity of another person involved in the accident when his identity is not otherwise known or when he denies his presence at the accident. The department may also disclose the name of his insurer and the number of his policy.

      6.  [No] A written report forwarded pursuant to the provisions of this section may not be used as evidence in any trial, civil or criminal, arising out of an accident except that the department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if the report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers.


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

ê1997 Statutes of Nevada, Page 1621 (Chapter 447, AB 646)ê

 

of the vehicles involved and the investigating officers. The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.

      Sec. 60.  NRS 534.050 is hereby amended to read as follows:

      534.050  1.  Except as otherwise provided in subsection 2 [,] and NRS 534.180, every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in this chapter [shall] , must first make application to and obtain from the state engineer a permit to appropriate the water, [in accordance with] pursuant to the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.

      2.  Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 1:

      (a) For exploratory wells to be drilled to determine the availability of water or the quality of available water;

      (b) To allow temporary use of the water in constructing a highway or exploring for oil, gas, minerals or geothermal resources; or

      (c) For wells to be drilled in shallow ground water systems and pumped to alleviate potential hazards to persons and property resulting from the rise of ground water caused by secondary recharge. If practical, approved by the state engineer and consistent with this chapter and chapter 533 of NRS, the withdrawn water must be used for some other beneficial use.

      3.  In other basins or portions of basins which have not been designated by the state engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed. Before any diversion of water may be made from the well, the appropriator must make application to and obtain from the state engineer, [in accordance with] pursuant to the provisions of chapter 533 of NRS, a permit to appropriate the water.

      4.  Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 3, to allow temporary use of water in constructing a highway or exploring for oil, gas, minerals or geothermal resources.

      5.  Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.

      Sec. 61.  NRS 539.060 is hereby amended to read as follows:

      539.060  1.  The name of any district organized after July 1, 1919, [under] pursuant to this chapter [shall] must contain either the words “irrigation district,” “water conservation district,” “water conservancy district” or “water improvement district.”

      2.  Any district organized and existing [prior to] before, on or after July 1, 1919, the name of which [shall] must include the words “irrigation district,” may change its name by substituting for the word “irrigation” either the words “water conservation,” “water conservancy” or “water improvement,” or may change the entire name or designation of the district by filing with the board of county commissioners, with which the original petition was filed for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of the board at a regular meeting thereof providing for such a change of name .


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

ê1997 Statutes of Nevada, Page 1622 (Chapter 447, AB 646)ê

 

petition was filed for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of the board at a regular meeting thereof providing for such a change of name . [; and thereafter all] All proceedings of such a district [shall] must be had under [such] the changed name, but all existing obligations and contracts of the district entered into under its former name [shall] must remain outstanding without change and with the validity thereof unimpaired and unaffected by [such] the change of name.

      Sec. 62.  NRS 616B.155 is hereby amended to read as follows:

      616B.155  1.  Subject only to the limitations of NRS 616B.152 and not in any way subject to the limitations of NRS 616B.143, the manager may invest and reinvest the money in the funds of the system in securities and stock recommended by investment counsel whether or not the securities or stock are expressly authorized or qualify [under] pursuant to chapters 616A to 616D, inclusive, of NRS if, in the opinion of the investment counsel, the investment conforms to the overall investment objectives of the system subject to the standard as set forth in [the following subsection, and provided that] subsection 2, and if the aggregate of the investments [under] pursuant to this section at cost does not exceed 10 percent of the assets.

      2.  In investing in securities and stock [under] pursuant to this section for the system, investment counsel shall exercise the judgment and care under the circumstances then prevailing which [men] persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their [funds] money considering the probable income as well as the probable safety of their capital. Within the limitation of the foregoing standard there may be acquired and retained as investments of the system [under] pursuant to this section every kind of investment which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.

      Sec. 63.  NRS 630A.170 is hereby amended to read as follows:

      630A.170  1.  The board shall procure a seal.

      2.  [In addition to the requirements of NRS 630A.300, all] All licenses and certificates issued by the board must bear the seal of the board and the signatures of its president and secretary-treasurer.

      Sec. 64.  NRS 649.049 is hereby amended to read as follows:

      649.049  The collection agency advisory board may make recommendations to the legislature concerning the enactment of any legislation it deems necessary or appropriate relating to collection agencies.

      Sec. 65.  NRS 652.240 is hereby amended to read as follows:

      652.240  1.  A laboratory which was in operation in this state on January 1, 1967, is not required to be licensed pursuant to this chapter before January 1, 1972, but may apply for a license before that date. Unless such a laboratory is so licensed, the health division shall not include it in the registration list of laboratories meeting the minimum standards and qualifications of this chapter.

      2.  A person who was operating a laboratory in this state on January 1, 1967, may continue to do so or may be employed in a laboratory before , on or after July 1, 1972, without qualifying as a laboratory director or pursuant to any rules pertaining to technical personnel. A person who was employed in a laboratory in this state on January 1, 1967, may be employed in a laboratory before , on or after January 1, 1972, without qualifying pursuant to any rules pertaining to technical personnel.


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

ê1997 Statutes of Nevada, Page 1623 (Chapter 447, AB 646)ê

 

in a laboratory in this state on January 1, 1967, may be employed in a laboratory before , on or after January 1, 1972, without qualifying pursuant to any rules pertaining to technical personnel.

      Sec. 66.  NRS 658.165 is hereby amended to read as follows:

      658.165  1.  Except as otherwise provided in subsections 3 and 4, an officer or employee of the division of financial institutions shall not be directly or indirectly interested in or act on behalf of any bank chartered by this state, receive, directly or indirectly, any payment from any such bank, be indebted to any state bank, engage in the negotiation of loans for others with any such bank or obtain credit or services from a state bank conditioned upon a fraudulent practice or undue or unfair preference over other customers.

      2.  An employee of the division of financial institutions in the unclassified service of the state shall not obtain new extensions of credit from a state bank while in office.

      3.  Any officer or employee of the division of financial institutions may be indebted to a bank on the same terms as are available to the public generally upon:

      (a) A mortgage loan upon his own real property.

      (b) A secured installment debt.

      (c) An unsecured debt.

      4.  Any officer or employee of the division of financial institutions may establish and maintain deposits with banks to the greatest amount insured, receive interest on those deposits and borrow money secured by a pledge of those deposits.

      5.  If an officer or employee of the division of financial institutions has a service, a preferred consideration, an interest or a relationship prohibited by this section at the time of his appointment or employment, or obtains it during his employment, he shall terminate it within 120 days after the date of his appointment or employment or the discovery of the prohibited act.

      Sec. 67.  NRS 673.212 is hereby amended to read as follows:

      673.212  Directors and officers of an association shall be deemed to stand in a fiduciary relation to the association and shall discharge the duties of their respective positions in good faith and with [that] the diligence, care and skill which ordinary, prudent [men] persons would exercise under similar circumstances in [like] a similar position.

      Sec. 68.  NRS 678.440 is hereby amended to read as follows:

      678.440  Directors and officers of an association shall be deemed to stand in a fiduciary relation to the credit union and shall discharge the duties of their respective positions in good faith and with [that] the diligence, care and skill which ordinary, prudent [men] persons would exercise under similar circumstances in [like] similar positions.

      Sec. 69.  NRS 681B.240 is hereby amended to read as follows:

      681B.240  1.  Every opinion must:

      (a) Be submitted with the annual statement reflecting the valuation of reserve liabilities for each year ending on or [before] after December 31, 1996.


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

ê1997 Statutes of Nevada, Page 1624 (Chapter 447, AB 646)ê

 

      (b) Apply to all business in force including , without limitation, individual and group health insurance plans, in form and substance acceptable to the commissioner as specified by regulation.

      (c) Be based on standards adopted from time to time by the Actuarial Standards Board or a successor organization approved by the commissioner and on such additional standards as the commissioner may by regulation prescribe.

      2.  In the case of an opinion required to be submitted by a foreign or alien company, the commissioner may accept the opinion filed by that company with the commissioner of insurance of another state if he determines that the opinion reasonably meets the requirements applicable to an insurer domiciled in this state.

      Sec. 70.  NRS 687B.040 is hereby amended to read as follows:

      687B.040  1.  Any [individual] natural person of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But [no] a person shall not procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under [such] the contract are payable to the [individual] person insured or his personal representatives, or to a person having, at the time when [such] the contract was made, an insurable interest in the [individual] person insured.

      2.  If the beneficiary, assignee or other payee under any contract made in violation of this section receives from the insurer any benefits thereunder accruing upon the death, disablement or injury of the [individual] person insured, the [individual] person insured or his executor or administrator, as the case may be, may maintain an action to recover such benefits from the person so receiving them.

      3.  As used in this section, “insurable interest” as to such personal insurance means that every [individual] person has an insurable interest in the life, body and health of himself, and of other persons as follows:

      (a) In the case of [individuals] persons related closely by blood or by law, a substantial interest engendered by love and affection; and

      (b) In the case of other persons, a lawful and substantial economic interest in having the life, health or bodily safety of the [individual] person insured continue, as distinguished from an interest which would arise only by, or would be enhanced in value by, the death, disablement or injury of the [individual] person insured.

      4.  [An individual, prior to] Before, on or after January 1, 1972, an individual party to a contract or option for the purchase or sale of an interest in a business partnership or firm, or of shares of stock of a corporation or of an interest in such shares, has an insurable interest in the life, body and health of each individual party to [such] the contract and for the purposes of [such] the contract only, in addition to any insurable interest which may otherwise exist as to [such individual.] the person.

      5.  An insurer [shall be] is entitled to rely upon all statements, declarations and representations made by an applicant for insurance relative to the insurable interest of the applicant in the insured . [; and no insurer shall] An insurer does not incur legal liability except as otherwise set forth in the policy, by virtue of any untrue statements, declarations or representations so relied upon in good faith by the insurer.


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

ê1997 Statutes of Nevada, Page 1625 (Chapter 447, AB 646)ê

 

in the policy, by virtue of any untrue statements, declarations or representations so relied upon in good faith by the insurer.

      Sec. 71.  NRS 687B.160 is hereby amended to read as follows:

      687B.160  1.  Every insurance policy [shall] must be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee or representative duly authorized by the insurer.

      2.  A facsimile signature of any such executing individual may be used in lieu of an original signature.

      3.  [No] An insurance contract issued [prior to] before, on or after January 1, 1972, [and] which is otherwise valid [shall be] is not rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy.

      Sec. 72.  NRS 687B.210 is hereby amended to read as follows:

      687B.210  1.  Whenever the proceeds of or payments under a life or health insurance policy or annuity contract issued [prior to] before, on or after January 1, 1972, become payable in accordance with the terms of [such] the policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment thereof in accordance therewith or in accordance with any written assignment thereof, the person then designated as being entitled thereto is entitled to receive the proceeds or payments and to give full acquittance therefor, and the payments fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that the other person claims to be entitled to the payment or some interest in the policy or contract.

      2.  This section also applies to contracts issued by organizations for dental care and nonprofit hospital, medical and dental service corporations.

      Sec. 73.  NRS 687B.260 is hereby amended to read as follows:

      687B.260  1.  If a policy of insurance, whether issued [prior to] before, on or after January 1, 1972, is effected by any person on his own life, or on another life, in favor of a person other than himself, or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance or executors or administrators of [such] the insured or the person so effecting such insurance, [shall be] is entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured or to the executors or administrators of such person if the beneficiary or assignee predeceases [such person. Such] the person. Except as otherwise provided in this subsection, such proceeds and avails [shall be] are exempt from all liability for any debt of the beneficiary existing at the time the proceeds and avails are made available for his use . [; but subject] Subject to the statute of limitations, the amount of any premiums for such insurance paid with intent to defraud creditors, with interest thereon, [shall inure to their] inures to the benefit of the creditors from the proceeds of the policy. The insurer issuing the policy [shall be] is discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless, before [such] the payment, the insurer has received written notice at its home office, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specification of the amount claimed along with such facts as will assist the insurer to ascertain the particular policy.


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

ê1997 Statutes of Nevada, Page 1626 (Chapter 447, AB 646)ê

 

the policy [shall be] is discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless, before [such] the payment, the insurer has received written notice at its home office, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specification of the amount claimed along with such facts as will assist the insurer to ascertain the particular policy.

      2.  For the purposes of subsection 1, a policy shall also be deemed to be payable to a person other than the insured if and to the extent that a facility-of-payment clause or a similar clause in the policy permits the insurer to discharge its obligation after the death of the individual insured by paying the death benefits to a person as permitted by such a clause.

      3.  This section does not apply to insurance issued pursuant to this code to a creditor covering his debtors [,] to the extent that such proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued.

      Sec. 74.  NRS 687B.270 is hereby amended to read as follows:

      687B.270  1.  Except as [may otherwise be] otherwise expressly provided by the policy or contract, the proceeds and avails of all contracts of health insurance and of provisions providing benefits on account of the [insured’s] disability of the insured which are supplemental to life insurance or annuity contracts effected [prior to] before, on or after January 1, 1972, [shall be] are exempt from all liability for any debt of the insured, and from any debt of the beneficiary existing at the time the proceeds are made available for his use.

      2.  This section does not apply to insurance issued pursuant to this code to a creditor covering his debtors [,] to the extent that such proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued.

      Sec. 75.  NRS 688B.180 is hereby amended to read as follows:

      688B.180  1.  If a policy dividend is declared after January 1, 1972, or a reduction in rate is made after January 1, 1972, or continued for the first or any subsequent year of insurance under any policy of group life insurance issued before , on or after January 1, 1972, to any policyholder, the excess, if any, of the aggregate dividends or rate reductions under such a policy and all other group insurance policies of the policyholder over the aggregate expenditure for insurance under such policies made from [funds] money contributed by the policyholder, or by an employer of insured persons, or by a union or association to which the insured persons belong, including expenditures made in connection with administration of such policies, [shall] must be applied by the policyholder for the sole benefit of insured employees or members.

      2.  This section does not apply to debtor groups.

      Sec. 76.  NRS 689.315 is hereby amended to read as follows:

      689.315  1.  The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the commissioner.

      2.  The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.


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

ê1997 Statutes of Nevada, Page 1627 (Chapter 447, AB 646)ê

 

received, all installments received on prepaid contracts sold after the sales commission has been deducted.

      3.  The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which [men] persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.

      4.  Except as otherwise provided in NRS 689.150 to 689.375, inclusive, or the trust agreement approved in writing by the commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust fund intact and unimpaired and shall make no other payment or disbursement from the trust fund.

      Sec. 77.  NRS 689.560 is hereby amended to read as follows:

      689.560  1.  The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the commissioner.

      2.  The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.

      3.  The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which [men] persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.

      4.  Except as otherwise provided in NRS 689.450 to 689.595, inclusive, or the trust agreement approved in writing by the commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust fund intact and unimpaired and shall [make no other] not make any payment or disbursement from the trust fund.

      Sec. 78.  NRS 689B.060 is hereby amended to read as follows:

      689B.060  1.  Any contract of group health insurance may provide for the readjustment of the rate of premium based upon the experience thereunder. If a policy dividend is declared after January 1, 1972, or a reduction in rate is made after January 1, 1972, or continued for the first or any subsequent year of insurance under any policy of group health insurance issued [prior to] before, on or after January 1, 1972, to any policyholder, the excess, if any, of the aggregate dividends or rate reductions under such a policy and all other group insurance policies of the policyholder over the aggregate expenditure for insurance under such policies made from [funds] money contributed by the policyholder, or by an employer of insured persons, or by a union or association to which the insured persons belong, including expenditures made in connection with administration of such policies, [shall] must be applied by the policyholder for the sole benefit of insured employees or members.


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

ê1997 Statutes of Nevada, Page 1628 (Chapter 447, AB 646)ê

 

reduction in rate is made after January 1, 1972, or continued for the first or any subsequent year of insurance under any policy of group health insurance issued [prior to] before, on or after January 1, 1972, to any policyholder, the excess, if any, of the aggregate dividends or rate reductions under such a policy and all other group insurance policies of the policyholder over the aggregate expenditure for insurance under such policies made from [funds] money contributed by the policyholder, or by an employer of insured persons, or by a union or association to which the insured persons belong, including expenditures made in connection with administration of such policies, [shall] must be applied by the policyholder for the sole benefit of insured employees or members.

      2.  This section does not apply as to debtor groups.

      Sec. 79.  NRS 693A.030 is hereby amended to read as follows:

      693A.030  1.  Except as otherwise provided in subsections 2, 3 and 4, [no] a domestic insurer formed [prior to] before, on or after January 1, 1972, shall not engage in any business other than the insurance business and in business activities reasonably and necessarily incidental to [such] the insurance business.

      2.  A title insurer may also engage in business as an escrow agent.

      3.  Any insurer may also engage in business activities reasonably related to the management, supervision, servicing of and protection of its interests as to its lawful investments, and to the full utilization of its facilities.

      4.  An insurer may own subsidiaries which may engage in such businesses as are provided for in NRS 682A.130 . [(stocks of subsidiaries).]

      Sec. 80.  NRS 694B.160 is hereby amended to read as follows:

      694B.160  1.  Individuals, partnerships and corporations of this state may make application, enter into an agreement for and hold policies or contracts in or with and be a subscriber of any domestic, foreign or alien reciprocal insurer. Any corporation organized under the laws of this state [prior to] before, on or after January 1, 1972, [shall,] in addition to the rights, powers and franchises specified in its articles of incorporation, [have] has full power and authority as a subscriber to exchange insurance contracts through such a reciprocal insurer. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and to be as fully granted as the rights and powers expressly conferred upon such corporations.

      2.  Government or governmental agencies, a state or political subdivisions thereof, boards, associations, estates, trustees or fiduciaries are authorized to exchange nonassessable reciprocal interinsurance contracts with each other and with individuals, partnerships and corporations to the same extent that individuals, partnerships and corporations are authorized in this chapter to exchange reciprocal interinsurance contracts.

      3.  Any officer, representative, trustee, receiver or legal representative of any such subscriber [shall] must be recognized as acting for or on its behalf for the purpose of such a contract but [shall] may not be personally liable upon [such] the contract by reason of acting in such a representative capacity.


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

ê1997 Statutes of Nevada, Page 1629 (Chapter 447, AB 646)ê

 

      Sec. 81.  NRS 695C.030 is hereby amended to read as follows:

      695C.030  As used in this chapter, unless the context otherwise requires:

      1.  [“Commissioner” means the commissioner of insurance.

      2.]  “Comprehensive health care services” means medical services, dentistry, drugs, psychiatric and optometric and all other care necessary for the delivery of services to the consumer.

      [3.] 2.  “Enrollee” means a natural person who has been voluntarily enrolled in a health care plan.

      [4.] 3.  “Evidence of coverage” means any certificate, agreement or contract issued to an enrollee setting forth the coverage to which he is entitled.

      [5.] 4.  “Health care plan” means any arrangement whereby any person undertakes to provide, arrange for, pay for or reimburse any part of the cost of any health care services and at least part of the arrangement consists of arranging for or the provision of health care services paid for by or on behalf of the enrollee on a periodic prepaid basis.

      [6.] 5.  “Health care services” means any services included in the furnishing to any natural person of medical or dental care or hospitalization or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any other services for the purpose of preventing, alleviating, curing or healing human illness or injury.

      [7.] 6.  “Health maintenance organization” means any person which provides or arranges for provision of a health care service or services and is responsible for the availability and accessibility of such service or services to its enrollees, which services are paid for or on behalf of the enrollees on a periodic prepaid basis without regard to the dates health services are rendered and without regard to the extent of services actually furnished to the enrollees, except that supplementing the fixed prepayments by nominal additional payments for services in accordance with regulations adopted by the commissioner shall not be deemed to render the arrangement not to be on a prepaid basis. A health maintenance organization, in addition to offering health care services, may offer indemnity or service benefits provided through insurers or otherwise.

      [8.] 7.  “Provider” means any physician, hospital or other person who is licensed or otherwise authorized in this state to furnish health care services.

      Sec. 82.  NRS 695C.330 is hereby amended to read as follows:

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

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

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


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

ê1997 Statutes of Nevada, Page 1630 (Chapter 447, AB 646)ê

 

      (c) The health care plan does not furnish comprehensive health care services as provided for in subsection [2] 1 of NRS 695C.030;

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

             (1) The health maintenance organization does not meet the requirements of subsection 2 of NRS 695C.080; or

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

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

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

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

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

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

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

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

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

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

      Sec. 83.  NRS 704.190 is hereby amended to read as follows:

      704.190  1.  Every public utility operating in this state shall, whenever an accident occurs in the conduct of its operation causing death, give prompt notice thereof to the commission, in such manner and within such time as the commission may prescribe. If in its judgment the public interest requires it, the commission may cause an investigation to be made forthwith of any accident, at such place and in such manner as the commission [shall deem] deems best.


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

ê1997 Statutes of Nevada, Page 1631 (Chapter 447, AB 646)ê

 

      2.  Every such public utility shall report to the commission, at the time, in the manner and on such forms as the commission [shall] by its printed rules and regulations [prescribe,] prescribes, all accidents happening in this state and occurring in, on or about the premises, plant, instrumentality or facility used by any such utility in the conduct of its business.

      3.  The commission shall [promulgate and] adopt all reasonable rules and regulations necessary for the administration and enforcement of this section. [Such] The rules and regulations [shall] must in any event require that all accidents required to be reported [herein shall] pursuant to this section be reported to the commission at least once every calendar month by such officer or officers of the utility as the commission [shall direct.] directs.

      4.  The commission shall adopt and utilize all accident report forms, which forms [shall] must be so designed as to provide a concise and accurate report of the accident and which report [shall] must in any event show the true cause of the accident. The accident report forms adopted for the reporting of railroad accidents [shall] must be the same in design as near as may be as the railroad accident report forms provided and used by the [Interstate Commerce Commission.] Surface Transportation Board.

      5.  If any accident reported to the commission [shall be] is reported by the utility as being caused by or through the negligence of an employee and thereafter [such] the employee is absolved from such negligence by the utility and found not to be responsible for the accident, [such fact shall] that fact must be reported by the utility to the commission.

      6.  All accident reports [herein required shall] required pursuant to this section must be filed in the office of the commission and there preserved. Notwithstanding any other provisions of law, neither any accident report made as required by this chapter, nor any report of the commission made pursuant to any accident investigation made by it, [shall] may be open to public inspection or disclosed to any person, except upon order of the commission, nor [shall] may either or any of the reports, or any portion thereof, be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in the accident report or report of any such investigation.

      Sec. 84.  NRS 705.425 is hereby amended to read as follows:

      705.425  1.  A state program for the physical preservation, in place, of property of lines of railroad, while service on such lines is discontinued, is hereby established to provide an alternative to actual abandonment.

      2.  The department of transportation shall determine whether a line of railroad is eligible for admission to the program. A rail line may be admitted if:

      (a) The [Interstate Commerce Commission] Surface Transportation Board has approved the line for abandonment or discontinuance of service or the department of transportation has determined that the line is potentially subject to abandonment;

      (b) The owners, operators and users of the line, the department of transportation and all counties and cities affected have agreed to the admission of the line to the program; and


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

ê1997 Statutes of Nevada, Page 1632 (Chapter 447, AB 646)ê

 

      (c) The owners and operators of the line agree to suspend service on the line for 5 years without removing or disposing of any of the trackage or other operating rail properties of the line, as an alternative to abandonment, to permit consideration by interested parties of means of preventing the ultimate abandonment of the line.

      3.  At the end of 5 years the department of transportation may grant an extension, admitting the line of railroad to the program for not more than 5 additional years, if, in the judgment of the director of the department of transportation:

      (a) The line is still potentially subject to abandonment; and

      (b) The extension will facilitate the restoration of service on the line.

      4.  The owner of a line of railroad which has been admitted to the program is entitled to an allowance for taxes on the trackage and other operating rail properties of the line admitted. The department of transportation shall provide to the department of taxation all information requested by the department of taxation to carry out the system of allowances for taxes on the operating property of lines admitted to the program.

      Sec. 85.  NRS 705.427 is hereby amended to read as follows:

      705.427  The department of transportation may contract for the acquisition, by lease or purchase, and operation of trackage and other rail properties of lines of railroad which:

      1.  The [Interstate Commerce Commission] Surface Transportation Board has approved for abandonment or discontinuance of service; or

      2.  The director of the department of transportation has determined to be potentially subject to abandonment,

for the purpose of maintaining existing freight service or providing for such service in the future, but no such contract may require the expenditure of state money unless previously authorized by the legislature.

      Sec. 86.  NRS 706.171 is hereby amended to read as follows:

      706.171  1.  The commission and the department may:

      (a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which they are each responsible.

      (b) Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the [Interstate Commerce Commission,] Surface Transportation Board, any other agency of the Federal Government, or the National Association of Regulatory Utility Commissioners.

      (c) Require such reports and the maintenance of such records as they determine to be necessary for the administration and enforcement of this chapter.

      (d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any fully regulated carrier, and of any other common, contract or private motor carrier doing business in this state to the extent necessary for their respective duties. The commission and the department may examine in other states or require by subpoena the production inside this state of such books, papers and records as are not maintained in this state.

 

Link to Page 1633