[Rev. 3/18/2013 2:05:51 PM]

Link to Page 1070

 

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ê1997 Statutes of Nevada, Page 1071 (Chapter 295, SB 382)ê

 

      Sec. 84.  Section 2 of Senate Bill No. 93 of this session is hereby amended to read as follows:

       Sec. 2.  1.  The board may require a firm, partnership, corporation or any other person who is not a natural person to [register with] obtain a license from the board before engaging in or offering to engage in the practice of professional engineering in this state. The board may charge a fee of not more than $50 to [register] apply for the issuance of a license pursuant to this section.

       2.  The board may adopt regulations to carry out the provisions of this section.

      Sec. 85.  Section 3 of Senate Bill No. 93 of this session is hereby amended to read as follows:

       Sec. 3.  1.  The board may require a firm, partnership, corporation or any other person who is not a natural person to [register with] obtain a license from the board before engaging in or offering to engage in the practice of land surveying in this state. The board may charge a fee of not more than $50 to [register] apply for the issuance of a license pursuant to this section.

       2.  The board may adopt regulations to carry out the provisions of this section.

      Sec. 86.  NRS 625.180, 625.185, 625.190, 625.200, 625.210, 625.220, 625.230, 625.240 and 625.305 are hereby repealed.

      Sec. 87.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 88.  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. 89.  The legislative counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to “registered professional engineer” to “licensed professional engineer” and any reference to “registered professional land surveyor” to “licensed professional land surveyor.”

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to “registered professional engineer” to “licensed professional engineer” and any reference to “registered professional land surveyor” to “licensed professional land surveyor.”

      Sec. 90.  Section 21 of this act becomes effective at 12:01 a.m. on October 1, 1997.

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ê1997 Statutes of Nevada, Page 1072ê

 

CHAPTER 296, AB 294

Assembly Bill No. 294–Committee on Judiciary

CHAPTER 296

AN ACT relating to gaming; authorizing the state gaming control board to require a licensee who has an actual activity or association in a foreign gaming operation or intends to engage in such an activity or association to file an application for a finding of suitability; prohibiting a gaming licensee from associating with certain persons; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the board determines that an actual or intended activity or association of a licensee in a foreign gaming operation may be prohibited pursuant to subsection 3 of NRS 463.720, the board may require the licensee to file an application for a finding of suitability to be made by the commission concerning the activity or association. Except as otherwise provided in subsection 2, the licensee shall file the application for a finding of suitability within 30 days after receiving the request from the board unless the chairman of the board grants an extension of time.

      2.  In lieu of filing an application for a finding of suitability pursuant to subsection 1, a licensee may, within 30 days after receiving a request from the board pursuant to subsection 1, petition the commission to review the request and determine whether the licensee is required to file the application.

      3.  A licensee may, without a request from the board, file an application for a finding of suitability concerning his actual or intended activity or association in a foreign gaming operation.

      4.  If the commission finds that:

      (a) An intended activity or association of a licensee in a foreign gaming operation is unsuitable pursuant to subsection 3 of NRS 463.720, the licensee shall not engage in the activity or enter into the association.

      (b) An activity or association of a licensee in a foreign gaming operation is prohibited pursuant to subsection 3 of NRS 463.720, the licensee shall terminate the activity or association within the time prescribed by the commission.

      5.  An application for a finding of suitability filed pursuant to this section is subject to the same procedures and standards as any other application for a finding of suitability filed pursuant to this chapter.

      Sec. 2.  NRS 463.680 is hereby amended to read as follows:

      463.680  For the purposes of NRS 463.700 to 463.720, inclusive [:] , and section 1 of this act:

      1.  “Foreign gaming” means the conduct of gaming outside this state.

      2.  “Licensee” means a person who:

      (a) Is licensed or required to be licensed pursuant to NRS 463.160, 463.162, 463.167 or 463.650;


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ê1997 Statutes of Nevada, Page 1073 (Chapter 296, AB 294)ê

 

      (b) Is or is required to be licensed, registered or found suitable pursuant to NRS 463.482 to 463.645, inclusive; or

      (c) Directly or through one or more intermediaries controls, is controlled by or is under common control with a person described in paragraph (a) or (b).

      Sec. 3.  NRS 463.710 is hereby amended to read as follows:

      463.710  Unless otherwise ordered by the board or commission, a licensee who participates in foreign gaming shall file with the board:

      1.  As soon as participation in foreign gaming begins:

      (a) All documents filed by him or by an affiliate with the foreign jurisdiction; and

      (b) The systems of accounting and internal control utilized in the foreign gaming operation and any amendments to the systems as soon as made.

      2.  Annual operational and regulatory reports describing compliance with regulations, procedures for audit, and procedures for surveillance relating to the foreign gaming operation.

      3.  Quarterly reports regarding any of the following information which is within the knowledge of the licensee:

      (a) Any changes in ownership or control of any interest in the foreign gaming operation;

      (b) Any changes in officers, directors or key employees of the foreign gaming operation;

      (c) All complaints, disputes, orders to show cause and disciplinary actions, related to gaming, instituted or presided over by an entity of the United States, a state or any other governmental jurisdiction concerning the foreign gaming operation;

      (d) Any arrest of an employee of the foreign gaming operation involving cheating or theft, related to gaming, in the foreign jurisdiction; and

      (e) Any arrest or conviction of an officer, director, key employee or owner of equity in the foreign gaming operation for an offense that would constitute a gross misdemeanor or felony in this state.

      4.  Such other information as the commission requires by regulation.

      Sec. 4.  NRS 463.720 is hereby amended to read as follows:

      463.720  A licensee shall not, in a foreign gaming operation, knowingly:

      1.  Violate [any] a foreign, federal, tribal, state, county, city or township law, regulation, ordinance or rule, or any equivalent thereof, concerning the conduct of gaming;

      2.  Fail to conduct the operation in accordance with the standards of honesty and integrity required for gaming in this state;

      3.  Engage in [any activity that:] an activity or enter into an association that is unsuitable for a licensee because it:

      (a) Poses [any] an unreasonable threat to the control of gaming in this state;

      (b) Reflects or tends to reflect discredit or disrepute upon this state or gaming in this state; or

      (c) Is contrary to the public policy of this state concerning gaming;

      4.  Engage in [any] an activity or enter into an association that interferes with the ability of this state to collect all license fees imposed by this chapter; or


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ê1997 Statutes of Nevada, Page 1074 (Chapter 296, AB 294)ê

 

      5.  Employ , [or] contract with or associate with [any] a person whom the commission or [any] a court in this state has found guilty of cheating or to whom the commission has denied a gaming license, or finding of suitability, on the ground of unsuitability.

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

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CHAPTER 297, AB 355

Assembly Bill No. 355–Assemblymen Sandoval, Carpenter, de Braga, Segerblom, Braunlin, Lee, Humke, Neighbors, Mortenson, Ohrenschall, Bache, Hettrick, Gustavson, Lambert, Hickey, Close, Koivisto, Nolan, Amodei, Chowning, Ernaut, Tiffany, Cegavske, Manendo, Berman, Perkins, Williams, Herrera, Collins, Buckley, Goldwater, Price, Anderson, Dini, Parks, Arberry, Giunchigliani, Von Tobel, Marvel, Krenzer, Evans and Freeman

CHAPTER 297

AN ACT relating to environmental regulation; authorizing certain persons who own or operate certain facilities to make voluntary examinations and disclosures regarding certain environmental requirements; providing for a mitigation of criminal penalties and a presumption against administrative or civil liability if such an examination and disclosure is made; providing a limited evidentiary privilege for an environmental audit under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Environmental audit” means an examination of the materials or practices at a regulated facility that is conducted by a regulated person or an agent of a regulated person and that is specifically designed to:

      1.  Produce systematic, documented and objective results;

      2.  Identify and prevent noncompliance with any environmental requirement; and

      3.  Improve compliance with such a requirement.

      Sec. 4.  “Environmental requirement” means a requirement contained in NRS 444.440 to 444.645, inclusive, 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.856, inclusive, or 519A.010 to 519A.280, inclusive, or in a regulation adopted pursuant to any of those statutes.

      Sec. 5.  “Regulated facility” means an area, building, tank or other facility that is subject to an environmental requirement.


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ê1997 Statutes of Nevada, Page 1075 (Chapter 297, AB 355)ê

 

      Sec. 6.  “Regulated person” means the owner or operator of a regulated facility.

      Sec. 7.  “Regulatory agency” means:

      1.  The state environmental commission;

      2.  The state department of conservation and natural resources or the division of environmental protection of that department;

      3.  A district board of health acting as a solid waste management authority pursuant to NRS 444.440 to 444.620, inclusive; or

      4.  A district board of health, county board of health or board of county commissioners administering a program for the control of air pollution pursuant to paragraph (a) of subsection 1 of NRS 445B.500.

      Sec. 8.  1.  Except as otherwise provided in subsection 3, a court that is determining the appropriate criminal penalty to impose against a regulated person who is convicted for a violation of an environmental requirement shall consider, in mitigation of the penalty, whether:

      (a) An environmental audit was conducted pursuant to a written agreement with the appropriate regulatory agency and the agreement prescribed the:

             (1) Scope, methods and schedule for conducting the audit;

             (2) Manner in which a violation of an environmental requirement must be reported to the regulatory agency, including, but not limited to, the number of days after the discovery of a violation that the regulated person must report the violation to the regulatory agency; and

             (3) Period within which such a violation must be corrected;

      (b) The regulated person voluntarily disclosed the results of the environmental audit to the appropriate regulatory agency in accordance with the requirements of the written agreement;

      (c) The regulatory agency discovered the violation of the environmental requirement as a result of the voluntary disclosure in the environmental audit and before:

             (1) The occurrence of any inspection or investigation of the regulated facility by a regulatory agency or other governmental entity; or

             (2) The commencement of an administrative proceeding or a civil or criminal action against the regulated person for the violation;

      (d) The regulated person or regulated facility has not been issued a citation for a violation of the environmental requirement in the immediately preceding 3 years;

      (e) The regulated person did not obtain an actual economic benefit or advantage as a result of the violation; and

      (f) The regulated person entered into an enforceable agreement with the appropriate regulatory agency to:

             (1) Comply, as soon as practicable after the violation, with the environmental requirement;

             (2) Remedy any damage or other harm caused by the violation; and

             (3) Take action to prevent a recurrence of the violation.

      2.  A written agreement that prescribes the scope, methods and schedule for conducting an environmental audit may be reasonably modified if the regulated person and the regulatory agency specifically agree to the modification.


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ê1997 Statutes of Nevada, Page 1076 (Chapter 297, AB 355)ê

 

regulated person and the regulatory agency specifically agree to the modification.

      3.  If a federal statute or regulation provides for the imposition of a specific penalty for a violation of an environmental requirement, a voluntary disclosure that complies with the provisions of subsection 1 is, to the extent permitted under that statute or regulation, a mitigating factor to be considered by the court when determining the penalty for the violation.

      4.  The mitigation of a criminal penalty pursuant to subsection 1 does not limit the authority of a regulatory agency to order a regulated person to comply with an environmental requirement whose violation it discovered because the regulated person voluntarily disclosed the results of an environmental audit.

      Sec. 9.  1.  Except as otherwise provided in section 10 of this act, a regulated person is presumed not to be liable for an administrative or civil penalty for a violation of an environmental requirement if:

      (a) The regulated person conducted an environmental audit pursuant to a written agreement with the appropriate regulatory agency and the agreement prescribed the:

             (1) Scope, methods and schedule for conducting the audit; and

             (2) Manner in which a violation of an environmental requirement must be reported to the regulatory agency, including, but not limited to, the number of days after the discovery of a violation that the regulated person must report the violation to the regulatory agency;

      (b) The regulated person voluntarily disclosed the results of the environmental audit to the appropriate regulatory agency in accordance with the requirements of the written agreement;

      (c) The regulated person or regulated facility has not been issued a citation for a violation of the environmental requirement in the immediately preceding 3 years;

      (d) The regulated person entered into an enforceable agreement with the appropriate regulatory agency to:

             (1) Comply, as soon as practicable after the violation, with the environmental requirement;

             (2) Remedy any damage or other harm caused by the violation; and

             (3) Take action to prevent a recurrence of the violation; and

      (e) The environmental requirement that was violated is not a requirement for which the regulated person or regulatory facility was specifically required to comply pursuant to a judicial or administrative order or consent agreement.

      2.  A written agreement that prescribes the scope, methods and schedule for conducting an environmental audit may be reasonably modified if the regulated person and the regulatory agency specifically agree to the modification.

      3.  If a federal statute or regulation provides for the imposition of a penalty for a violation of an environmental requirement, the voluntary disclosure is, to the extent permitted under the statute or regulation, a mitigating factor in determining the amount of the penalty for the violation.


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ê1997 Statutes of Nevada, Page 1077 (Chapter 297, AB 355)ê

 

      4.  The presumption against administrative or civil liability does not limit the authority of a regulatory agency to order a regulated person to comply with an environmental requirement whose violation it discovered because the regulated person voluntarily disclosed the results of an environmental audit.

      Sec. 10.  The presumption against administrative or civil liability set forth in section 9 of this act is rebutted to the extent it is established that:

      1.  The violation of an environmental requirement was committed willfully or with gross negligence by the regulated person;

      2.  The regulated person identified and disclosed the violation of an environmental requirement in an environmental audit after the commencement of:

      (a) An independent inspection or investigation of the regulated facility by a regulatory agency or other governmental entity;

      (b) An administrative proceeding against the regulated person for the violation; or

      (c) A civil or criminal action against the regulated person for the violation;

      3.  The violation resulted in serious actual harm or presented an imminent or substantial danger to the public health or the environment;

      4.  The environmental audit was conducted for a fraudulent purpose;

      5.  The regulated person obtained a significant economic benefit or advantage as a result of the violation; or

      6.  The regulated person conducted a previous environmental audit that disclosed the violation and he intentionally failed to report that violation to the appropriate regulatory agency.

      Sec. 11.  In an administrative or civil proceeding for a violation of an environmental requirement:

      1.  A regulated person who claims to have made a voluntary examination and disclosure pursuant to an audit agreement has the burden of establishing prima facie that the disclosure met the requirements of subsection 1 of section 9 of this act.

      2.  A regulatory agency has the burden of rebutting the presumption against liability by a preponderance of the evidence.

      Sec. 12.  1.  Except as otherwise provided in this section, an environmental audit conducted pursuant to the provisions of this chapter shall be deemed privileged and is not admissible in an administrative proceeding or civil action against the regulated person who conducted the audit or the regulated facility which is owned or operated by the regulated person.

      2.  The privilege provided by subsection 1 does not apply if:

      (a) A regulatory agency requests the admission of the results of an environmental audit at an administrative proceeding or civil action commenced by the regulatory agency;

      (b) The regulated person expressly waives the privilege; or

      (c) A court or administrative hearing officer determines in camera that the presumption against administrative or civil liability is rebutted pursuant to section 10 of this act.


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ê1997 Statutes of Nevada, Page 1078 (Chapter 297, AB 355)ê

 

      3.  For the purposes of paragraph (b) of subsection 2, a regulated person does not waive the privilege if he voluntarily discloses, pursuant to sections 2 to 13, inclusive, of this act, the results of an environmental audit or a violation of an environmental requirement discovered as a result of an environmental audit to a regulatory agency.

      4.  This section does not prohibit a person or entity from:

      (a) Obtaining information concerning a violation of an environmental requirement from a source independent of an environmental audit.

      (b) Commencing an administrative proceeding or civil or criminal action against a regulated person or a regulated facility which is owned or operated by a regulated person based upon information that was obtained from a source independent of an environmental audit.

      (c) Intervening in a proceeding or action filed against a regulated person or regulated facility if the intervention is specifically authorized by statute or regulation.

      Sec. 13.  1.  A regulatory agency may adopt regulations to carry out the provisions of sections 2 to 13, inclusive, of this act.

      2.  The fact that a regulated person does not conduct an environmental audit pursuant to the provisions of sections 2 to 13, inclusive, of this act, must not be considered by a court or administrative hearing officer in determining whether to impose administrative, civil or criminal liability for a violation of an environmental requirement by the regulated person.

      Sec. 14.  NRS 444.583 is hereby amended to read as follows:

      444.583  1.  Except as otherwise provided in subsection 5, it is unlawful willfully to:

      (a) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at any site which has not been issued a permit for that purpose by the state department of conservation and natural resources;

      (b) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at a sanitary landfill or other disposal site established by a municipality which has not been issued a permit for that purpose by the state department of conservation and natural resources; or

      (c) Incinerate a motor vehicle battery or motor vehicle tire as a means of ultimate disposal, unless the incineration is approved by the department for the recovery of energy or other appropriate use.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor and except as otherwise provided in sections 2 to 13, inclusive, of this act, shall be punished by a fine of not less than $100 per violation.

      3.  The department shall establish a plan for the appropriate disposal of used or waste motor vehicle batteries, motor vehicle tires and motor oil. The plan must include the issuance of permits to approved sites or facilities for the disposal of those items by the public. The plan may include coordination with the office of community service within the governor’s office for the education of the public regarding the necessity of disposing of these items properly and recycling them.


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ê1997 Statutes of Nevada, Page 1079 (Chapter 297, AB 355)ê

 

      4.  The department shall encourage the voluntary establishment of authorized sites which are open to the public for the deposit of used or waste motor vehicle batteries, motor vehicle tires and motor oil.

      5.  The provisions of subsections 1 and 2 do not apply to the disposal of used or waste motor vehicle batteries or motor vehicle tires if the unavailability of a site that has been issued a permit by the state department of conservation and natural resources makes disposal at such a site impracticable. The provisions of this subsection do not exempt a person from any other regulation of the department concerning the disposal of used or waste motor vehicle batteries or motor vehicle tires.

      Sec. 15.  NRS 444.585 is hereby amended to read as follows:

      444.585  1.  From the time recyclable materials are placed in a container provided by a private recycling business or the person designated by the county or other municipality to collect recyclable materials:

      (a) At curbside for collection; or

      (b) At any other appropriate site designated for collection,

the recyclable materials are the property of the private recycling business or person designated by the county or other municipality to collect them, as appropriate.

      2.  Any person engaged in the unauthorized collection of recyclable materials is guilty of a misdemeanor. Each such unauthorized collection constitutes a separate and distinct offense.

      3.  As an alternative to the criminal penalty set forth in subsection 2, the county or other municipality, the private recycling business and the person designated to collect the recyclable materials may independently enforce the provisions of this section in a civil action. [A] Except as otherwise provided in sections 2 to 13, inclusive, of this act, a person who engages in the unauthorized collection of recyclable materials is liable to the private recycling business or the person designated to make such collections, as appropriate, for three times the damages caused by the unauthorized collection.

      Sec. 16.  NRS 444.635 is hereby amended to read as follows:

      444.635  1.  [Any] Except as otherwise provided in sections 2 to 13, inclusive, of this act, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed in NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty, upon each such conviction.

      2.  [Every court,] Except as otherwise provided in sections 2 to 13, inclusive, of this act, a court before whom a defendant is convicted of a violation of NRS 444.555, 444.583 or 444.630, shall order the defendant to pay a civil penalty which is at least $250 but not more than $2,000. If so provided by the court, the penalty may be paid in installments.

      3.  The health authority or division of environmental protection of the state department of conservation and natural resources may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.


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ê1997 Statutes of Nevada, Page 1080 (Chapter 297, AB 355)ê

 

      4.  Each court which receives money under the provisions of this section shall forthwith remit the money to the division of environmental protection or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be used only to pay rewards pursuant to NRS 444.640 or for the management of solid waste and paid as other claims against the state or local governments are paid.

      Sec. 17.  NRS 445A.700 is hereby amended to read as follows:

      445A.700  1.  [Any] Except as otherwise provided in sections 2 to 13, inclusive, of this act, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445A.300 to 445A.730, inclusive.

      2.  [In] Except as otherwise provided in sections 2 to 13, inclusive, of this act, in addition to the penalty provided in subsection 1, the department may recover from the person actual damages to the state resulting from the violation of NRS 445A.300 to 445A.730, inclusive, any regulation or standard adopted by the commission, or permit or final order issued by the department, except the violation of a provision concerning a diffuse source.

      3.  Damages may include:

      (a) Any expenses incurred in removing, correcting and terminating any adverse effects resulting from a discharge or the injection of contaminants through a well; and

      (b) Compensation for any loss or destruction of wildlife, fish or aquatic life.

      Sec. 18.  NRS 445B.640 is hereby amended to read as follows:

      445B.640  1.  Except as otherwise provided in subsection 4 [,] and sections 2 to 13, inclusive, of this act, any person who violates any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto, other than NRS 445B.570 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $10,000 per day per offense. Each day of violation constitutes a separate offense.

      2.  The commission shall by regulation establish a schedule of administrative fines not exceeding $500 for lesser violations of any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto.

      3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, by injunction or other appropriate remedy, and the commission or the director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.


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ê1997 Statutes of Nevada, Page 1081 (Chapter 297, AB 355)ê

 

commission or the director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      4.  Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to persons found by the court to be indigent.

      5.  All administrative fines collected by the commission pursuant to this section must be deposited in the county school district fund of the county where the violation occurred.

      Sec. 19.  NRS 459.3872 is hereby amended to read as follows:

      459.3872  1.  If any person violates any of the provisions of NRS 459.380 to 459.386, inclusive, or 459.387, or any regulation or order adopted or issued pursuant thereto, the division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.

      2.  [Any] Except as otherwise provided in sections 2 to 13, inclusive, of this act, a person who violates a provision of NRS 459.380 to 459.386, inclusive, or 459.387, or any regulation or order adopted pursuant thereto is liable to a civil administrative penalty as set forth in NRS 459.3874. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense. No civil administrative penalty may be levied until after notification to the violator by certified mail or personal service. The notice must include a reference to the section of the statute, regulation, order or condition of a permit violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the civil penalties to be imposed, and a statement of the violator’s right to a hearing. The violator has 20 days after receipt of the notice within which to deliver to the division a written request for a hearing. After the hearing if requested, and upon a finding that a violation has occurred, the administrator of the division may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice becomes a final order upon the expiration of the 20-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other provisions for enforcement of NRS 459.380 to 459.387, inclusive, and the payment of a civil administrative penalty does not affect the availability of any other provision for enforcement in connection with the violation for which the penalty is levied.

      Sec. 20.  NRS 519A.280 is hereby amended to read as follows:

      519A.280  1.  [A] Except as otherwise provided in sections 2 to 13, inclusive, of this act, a person who violates any provision of NRS 519A.010 to 519A.280, inclusive, or any regulation adopted by the commission pursuant to NRS 519A.160, is guilty of a misdemeanor and, in addition to any criminal penalty, is subject to a civil penalty imposed by the division at a hearing for which notice has been given, in an amount determined pursuant to the schedule adopted by the commission pursuant to NRS 519A.160.


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ê1997 Statutes of Nevada, Page 1082 (Chapter 297, AB 355)ê

 

pursuant to the schedule adopted by the commission pursuant to NRS 519A.160.

      2.  Any money received by the division pursuant to subsection 1 must be deposited in the state general fund.

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CHAPTER 298, AB 36

Assembly Bill No. 36–Assemblymen Carpenter, Sandoval, Neighbors, de Braga, Lambert, Anderson, Dini, Amodei, Marvel, Humke, Segerblom, Giunchigliani, Hickey, Collins and Tiffany

CHAPTER 298

AN ACT relating to the financial responsibility of owners of motor vehicles; making various changes regarding provisions governing the system of verification of compliance; requiring certain insurers to demonstrate their ability to comply with certain reporting requirements; directing the refund of certain fees collected; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

      3.  For each transfer of registration a fee of $6 in addition to any other fees.

      4.  [Except as otherwise provided in NRS 485.317, to] To reinstate the registration of a motor vehicle suspended pursuant to [that section:] NRS 485.317:

      (a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

      (b) A fee of $50 for a registered owner of a dormant vehicle who [had insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317, but failed to return the form within the time specified in that subsection,] canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320, both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund.


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both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

      5.  For every travel trailer, a fee for registration of $27.

      6.  For every permit for the operation of a golf cart, an annual fee of $10.

      Sec. 2.  Chapter 485 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Dormant vehicle” means a motor vehicle:

      1.  For which a policy of liability insurance is required pursuant to this chapter; and

      2.  That will not be operated for an extended period because of mechanical or seasonal circumstances.

      Sec. 3.  NRS 485.020 is hereby amended to read as follows:

      485.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 485.028 to 485.120, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 485.313 is hereby amended to read as follows:

      485.313  1.  The department shall create a system for verifying that the owners of motor vehicles maintain the insurance required by NRS 485.185.

      2.  As used in this section, “motor vehicle” does not include:

      (a) A golf cart, as that term is defined in NRS 482.044.

      (b) A motortruck, truck tractor, bus or other vehicle that is registered pursuant to paragraph (e) of subsection 1 of NRS 482.482 or NRS 706.801 to 706.861, inclusive.

      Sec. 5.  NRS 485.314 is hereby amended to read as follows:

      485.314  1.  On or before the 15th calendar day of each month, each insurer that has executed a contract of insurance for a motor vehicle liability policy which may be used to meet the requirements of NRS 485.185 shall provide the department with a record of each such policy [in effect] issued, amended or terminated in the previous month on the date the record is provided. The record must include:

      (a) The name [and] or identification number of each insured named in the policy of insurance;

      (b) The make, year and vehicle identification number of each motor vehicle included in the policy of insurance;

      (c) The number, effective date and expiration date of the policy of insurance; and

      (d) Any other information required by the department.

      2.  The record provided pursuant to subsection 1 must be submitted in a form approved by the department and may include, without limitation, magnetic tape or any other electronic medium deemed acceptable by the department.

      3.  The department shall notify the commissioner of insurance if an insurer:

      (a) Fails to comply with subsection 1 or 2; or

      (b) In complying with subsection 1 or 2, provides to the department information that is false, incomplete or misleading.


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      Sec. 6.  NRS 485.317 is hereby amended to read as follows:

      485.317  1.  The department shall, at least monthly, compare the current registrations of motor vehicles to the information in the data base created pursuant to NRS 485.313 to verify that [all owners of registered motor vehicles have maintained the] each motor vehicle:

      (a) Which is newly registered in this state; or

      (b) For which a policy of liability insurance has been issued, amended or terminated,

is covered by a policy of liability insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the department shall, if the motor vehicle was manufactured during or after 1981, use only the vehicle identification number, in whole or in part.

      2.  The department shall [mail] send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owner’s or operator’s policy of liability insurance or a certificate of self-insurance, and return the completed form within [10] 20 days after the date on which the form was mailed by the department. If the department does not receive the completed form within 20 days after it mailed the form to the owner, the department shall send to the owner a second form for verification by certified mail. The owner shall complete the form and return it to the department within 15 days after the date on which it was sent by the department. This subsection does not prohibit an authorized agent of the owner from providing to the department:

      (a) The information requested by the department pursuant to this subsection.

      (b) Additional information to amend or correct information already submitted to the department pursuant to this subsection.

      3.  When the department receives a completed form for verification it shall verify the information on the form.

      4.  The department shall suspend the registration [of the vehicle] and require the return to the department of the license plates of any vehicle for which [a form for verification is:

      (a) Not] :

      (a) Neither of the forms for verification set forth in subsection 2 is returned to the department by the registered owner [within 10 days;

      (b) Returned] or his authorized agent within the period specified in that subsection;

      (b) Either of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent and the department is not able to verify the information on the form; or

      (c) [Returned] Either of the forms for verification set forth in subsection 2 is returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.

      5.  If [an owner who did not return a completed] the department suspends a registration pursuant to subsection 4 because:


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      (a) Neither the owner nor his authorized agent returned a form for verification within the specified period [:

      (a)] or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:

             (1) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;

      [(b)] (2) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and

      [(c)] (3) Presents evidence of current insurance [,] ; or

      (b) The owner or his authorized agent submitted to the department a form for verification containing information that the department was unable to verify and, thereafter, the owner or his authorized agent presents to the department:

             (1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and

             (2) Evidence of current insurance,

the department shall rescind its suspension of the registration if it is able to verify the information on the form [.] or the other evidence presented. The department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, “justifiable cause” may include , but is not limited to, the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.

      6.  Except as otherwise provided in subsection 7, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection 4 of NRS 482.480.

      7.  If a registered owner [:

      (a) Proves] proves to the satisfaction of the department that his vehicle was [not used in this state for a 30-day period, including the date on] a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle , [; or

      (b) Who did not return a completed form for verification within the period specified in subsection 2 subsequently proves to the satisfaction of the department that his vehicle was insured on the date stated in the form mailed by the department pursuant to subsection 2, presents to the department evidence of current insurance and pays the fee for reinstatement of registration prescribed in paragraph (b) of subsection 4 of NRS 482.480,] the department shall reinstate his registration and , if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection 4 of NRS 482.480.


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ê1997 Statutes of Nevada, Page 1086 (Chapter 298, AB 36)ê

 

      8.  For the purposes of verification of insurance by the department pursuant to this section, a registered owner shall not be deemed to have failed to maintain liability insurance for a motor vehicle unless the vehicle is without coverage for a period of more than 7 days.

      Sec. 7.  NRS 485.320 is hereby amended to read as follows:

      485.320  1.  If the license of any person is suspended as provided in this chapter, he shall immediately return the license to the division. If his registration is suspended, he shall immediately return the certificate of registration and the license plates to the division.

      2.  If any person fails to return any item as required by subsection 1, the division shall forthwith direct any peace officer to secure possession thereof and to return the item to the division.

      3.  A person who owns a dormant vehicle who desires to cancel the policy of liability insurance covering that vehicle or to allow such a policy to expire:

      (a) Shall, on or before the date on which the policy is canceled or expires, cancel the registration of the vehicle to which that policy pertains.

      (b) May, if he presents the license plates for that vehicle to the authorized personnel of the division for the removal and destruction of the sticker or other device evidencing the current registration of the vehicle, retain for potential reinstatement the license plates for a period not to exceed 1 year.

      4.  The department shall adopt regulations which define “extended period,” “mechanical circumstances” and “seasonal circumstances” for the purposes of section 2 of this act.

      Sec. 8.  NRS 680A.080 is hereby amended to read as follows:

      680A.080  To qualify for and hold authority to transact insurance in this state, an insurer must be otherwise in compliance with this code and with its charter powers, and must be an incorporated stock or mutual insurer, or a reciprocal insurer, of the same general type as may be formed as a domestic insurer under this code, except that:

      1.  No foreign insurer [shall] may be authorized to transact insurance in this state which does not maintain reserves as required by chapter 681B of NRS (assets and liabilities), as applicable to the kind or kinds of insurance transacted by such insurer, wherever transacted in the United States of America, or which transacts business anywhere in the United States of America on the assessment plan, or stipulated premium plan, or any similar plan.

      2.  No insurer [shall] may be authorized to transact a kind of insurance in this state unless duly authorized or qualified to transact such insurance in the state or country of its domicile.

      3.  No insurer [shall] may be authorized to transact in this state any kind of insurance which is not within the definitions as set forth in NRS 681A.010 to 681A.080, inclusive (kinds of insurance).

      4.  No such authority [shall] may be granted or continued to any insurer while in arrears to the state for fees, licenses, taxes, assessments, fines or penalties accrued on business previously transacted in this state.

In addition to the other requirements set forth in this section, an insurer who proposes to transact in this state insurance that protects a policyholder from liability arising out of the ownership, maintenance or use of a motor vehicle must demonstrate to the satisfaction of the department of motor vehicles and public safety that the insurer is able to comply with the provisions of NRS 485.314.


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ê1997 Statutes of Nevada, Page 1087 (Chapter 298, AB 36)ê

 

from liability arising out of the ownership, maintenance or use of a motor vehicle must demonstrate to the satisfaction of the department of motor vehicles and public safety that the insurer is able to comply with the provisions of NRS 485.314.

      Sec. 9.  1.  The department of motor vehicles and public safety shall establish and carry out a program to refund the fee collected pursuant to paragraph (b) of subsection 4 of NRS 482.480 to each person who:

      (a) According to the records of the department, paid such a fee during the period commencing on October 1, 1995, and expiring on the date on which this act becomes effective; and

      (b) Requests such a refund by submitting to the department, on or before July 1, 1998, a signed statement in which the person asserts that:

             (1) He did not receive the form for verification mailed to him pursuant to subsection 2 of NRS 485.317 or he returned the form for verification as required pursuant to subsection 2 of NRS 485.317; and

             (2) The particular motor vehicle was covered by insurance as required pursuant to NRS 485.185.

      2.  The department shall not issue such a refund if the statement is postmarked after July 1, 1998.

      Sec. 10.  This act becomes effective upon passage and approval.

________

 

CHAPTER 299, AB 344

Assembly Bill No. 344–Assemblymen Anderson, Buckley, Ohrenschall, Evans, Chowning, Freeman, Bache, Krenzer, Arberry, Segerblom, Close, Goldwater, Herrera and Lee

CHAPTER 299

AN ACT relating to the commission on judicial discipline; establishing the grounds upon which the commission may discipline a justice or judge; establishing standards for the investigation of matters relating to the misconduct or incapacity of a justice or judge; establishing the forms of discipline other than censure, retirement and removal that the commission may impose on a justice or judge; establishing standards for the confidentiality or nonconfidentiality of proceedings of the commission; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  Chapter 1 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.

      Sec. 2.  “Commission” means the commission on judicial discipline.

      Sec. 3.  “Incapacitated” means unable to perform the duties of his office because of advanced age or mental or physical disability.

      Sec. 4.  “Judge” means:

      1.  A judge of the district court;

      2.  A judge of the municipal court;

      3.  A justice of the peace; and


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ê1997 Statutes of Nevada, Page 1088 (Chapter 299, AB 344)ê

 

      4.  Any other officer of the judicial branch of this state, whether or not he is an attorney, who presides over judicial proceedings, including, but not limited to, a magistrate, court commissioner, special master or referee.

      Sec. 5.  “Justice” means a justice of the supreme court of the State of Nevada.

      Sec. 6.  1.  The commission may remove, censure or impose other forms of discipline on a justice or judge if the commission determines that the justice or judge:

      (a) Has committed willful misconduct;

      (b) Has willfully or persistently failed to perform the duties of his office; or

      (c) Is habitually intemperate.

A justice or judge removed pursuant to this subsection may not, unless the supreme court overturns the removal upon appeal, thereafter seek or hold judicial office within this state.

      2.  The commission may censure or impose other forms of discipline on a justice or judge if the commission determines that the justice or judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.

      3.  The commission may retire a justice or judge if the commission determines that:

      (a) The advanced age of the justice or judge interferes with the proper performance of his judicial duties; or

      (b) The justice or judge suffers from a mental or physical disability that prevents the proper performance of his judicial duties and is likely to be permanent in nature.

      4.  As used in this section:

      (a) “Habitual intemperance” means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.

      (b) “Willful misconduct” includes:

             (1) Conviction of a felony or of a misdemeanor involving moral turpitude;

             (2) A knowing or deliberate violation of one or more of the provisions of the Nevada Code of Judicial Conduct;

             (3) A knowing or deliberate act or omission in the performance of judicial or administrative duties that:

                   (I) Involves fraud or bad faith or amounts to a public offense; and

                   (II) Tends to corrupt or impair the administration of justice in a judicial proceeding; and

             (4) Knowingly or deliberately swearing falsely in testimony before the commission or in documents submitted under oath to the commission.

      Sec. 7.  1.  The commission may begin an inquiry regarding the alleged misconduct or incapacity of a justice or judge upon the receipt of:

      (a) A written, sworn complaint from any person which alleges that the justice or judge has committed misconduct or is incapacitated; or

      (b) Information from any source and in any format, from which the commission may reasonably infer that the justice or judge may have committed misconduct or be incapacitated.


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ê1997 Statutes of Nevada, Page 1089 (Chapter 299, AB 344)ê

 

      2.  For the purposes of further inquiry and action by the commission, information described in paragraph (b) of subsection 1 shall be deemed to be a complaint upon motion of the commission.

      Sec. 8.  1.  The commission shall, in accordance with its procedural rules, examine each complaint that it receives pursuant to section 7 of this act to determine whether the complaint contains allegations which, if true, would establish grounds for discipline pursuant to section 6 of this act.

      2.  If the commission determines that a complaint does not contain such allegations, the commission shall dismiss the complaint.

      3.  If the commission determines that a complaint does contain such allegations, the commission shall authorize further investigation to be conducted in accordance with section 9 of this act.

      Sec. 9.  1.  If the commission determines pursuant to section 8 of this act that a complaint contains allegations which, if true, would establish grounds for discipline pursuant to section 6 of this act, the commission shall assign or appoint an investigator to conduct an investigation to determine whether the allegations have merit.

      2.  Such an investigation must be conducted in accordance with procedural rules adopted by the commission and may extend to any matter that is, in the determination of the commission, reasonably related to an allegation of misconduct or incapacity contained in the complaint.

      3.  An investigator assigned or appointed by the commission to conduct an investigation pursuant to this section may, for the purpose of investigation, compel by subpoena on behalf of the commission the attendance of witnesses and the production of necessary materials as set forth in section 14 of this act.

      4.  At the conclusion of the investigation, the investigator shall prepare a written report of the investigation for review by the commission.

      Sec. 10.  1.  If a complaint received by the commission alleges that a justice or judge is incapacitated, the commission shall, after examining the complaint and conducting an investigation pursuant to sections 8 and 9 of this act, attempt to resolve the matter informally. In attempting to resolve the matter informally, the commission may request that the justice or judge named in the complaint submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this state who is selected by the commission.

      2.  If the commission is unable to resolve the matter informally pursuant to subsection 1, the commission shall:

      (a) Proceed as set forth in sections 11, 12 and 13 of this act. If the matter proceeds to the point at which the prosecuting attorney files a statement of formal charges pursuant to section 12 of this act and the justice or judge named in the complaint denies all or part of those charges, the commission shall deem such a denial to be consent on the part of the justice or judge to submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this state who is selected by the commission.

      (b) Unless the justice or judge has retained counsel at his own expense, appoint an attorney to represent the justice or judge at public expense.


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ê1997 Statutes of Nevada, Page 1090 (Chapter 299, AB 344)ê

 

      3.  The findings of a physician appointed by the commission pursuant to this section are not privileged communications.

      4.  The provisions of this section do not prohibit a justice or judge from having legal counsel and a physician of his choice present at a medical, psychiatric or psychological examination conducted pursuant to this section.

      5.  The commission shall adopt procedural rules to carry out the provisions of this section.

      Sec. 11.  The commission shall review the report of an investigation conducted pursuant to section 9 of this act to determine whether there is sufficient reason to proceed. If the commission determines that there is not sufficient reason to proceed, the commission shall dismiss the complaint. If the commission determines that it could, in all likelihood, make a determination in the affirmative pursuant to section 12 of this act, the commission shall require the justice or judge named in the complaint to respond to the complaint in accordance with procedural rules adopted by the commission. If the justice or judge fails to respond to the complaint, the commission shall deem such failure to be an admission that the facts alleged in the complaint:

      1.  Are true; and

      2.  Establish grounds for discipline pursuant to section 6 of this act.

      Sec. 12.  1.  After the justice or judge named in the complaint responds to the complaint pursuant to section 11 of this act and after considering that response and other relevant information, the commission shall make a finding of whether there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the justice or judge named in the complaint pursuant to section 6 of this act.

      2.  If the commission makes a finding that such a reasonable probability does not exist, the commission shall dismiss the complaint.

      3.  If the commission makes a finding that such a reasonable probability does exist, the commission shall, in accordance with its procedural rules:

      (a) Designate a prosecuting attorney, who must sign under oath a formal statement of charges against the justice or judge and file the statement with the commission;

      (b) Require that the justice or judge submit to the commission an answer to the formal statement of charges; and

      (c) Hold a formal, public hearing on the merits of the charges.

      4.  If the justice or judge fails to answer the formal statement of charges pursuant to subsection 3, the commission shall deem such failure to be an admission that the charges set forth in the formal statement:

      (a) Are true; and

      (b) Establish grounds for discipline pursuant to section 6 of this act.

      Sec. 13.  After holding a formal hearing on the merits of the charges filed pursuant to section 12 of this act, the commission shall, in accordance with its procedural rules, dismiss the charges or discipline the justice or judge as deemed appropriate by the commission.

      Sec. 14.  1.  During any stage of a disciplinary proceeding, including, but not limited to, an investigation to determine probable cause and a formal hearing, the commission may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.


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ê1997 Statutes of Nevada, Page 1091 (Chapter 299, AB 344)ê

 

testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.

      2.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the commission may, in accordance with its procedural rules, hold the witness in contempt and impose a reasonable penalty to enforce the subpoena.

      3.  If a witness continues to refuse to attend, testify or produce materials as required by the subpoena, the commission may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

      (b) The witness has been subpoenaed by the commission pursuant to this section; and

      (c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena before the commission, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend, testify or produce materials before the commission.

      4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the commission. A certified copy of the order must be served upon the witness.

      5.  If it appears to the court that the subpoena was regularly issued by the commission, the court shall enter an order that the witness appear before the commission at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 15.  1.  The commission shall suspend a justice or judge from the exercise of office with salary:

      (a) While there is pending an indictment or information charging the justice or judge with a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States; or

      (b) When the justice or judge has been adjudged mentally incompetent or insane.

      2.  The commission may suspend a justice or judge from the exercise of office without salary if the justice or judge:

      (a) Pleads guilty or no contest to a charge of; or

      (b) Is found guilty of,

a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States. If the conviction is later reversed, the justice or judge must be paid his salary for the period of suspension.

      3.  The commission may suspend a justice or judge from the exercise of office with salary if the commission determines, pending a final determination in a judicial disciplinary proceeding, that the justice or judge poses a substantial threat of serious harm to the public or to the administration of justice.


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ê1997 Statutes of Nevada, Page 1092 (Chapter 299, AB 344)ê

 

      4.  A justice or judge suspended pursuant to this section may appeal the suspension to the supreme court for reconsideration of the order.

      5.  The commission may suspend a justice or judge pursuant to this section only in accordance with its procedural rules.

      Sec. 16.  In addition to or in lieu of removal or censure, the commission may impose other forms of discipline on a justice or judge whom the commission determines to have committed an act or engaged in a behavior in violation of subsection 1 or 2 of section 6 of this act, including, but not limited to, requiring the justice or judge to:

      1.  Pay a fine.

      2.  Serve a term of suspension from office.

      3.  Complete a probationary period pursuant to conditions deemed appropriate by the commission.

      4.  Attend training or educational courses.

      5.  Follow a remedial course of action.

      6.  Issue a public apology.

      7.  Comply with conditions or limitations on his future conduct.

      8.  Seek medical, psychiatric or psychological care or counseling and direct the provider of health care or counselor to report to the commission regarding the condition or progress of the justice or judge.

      9.  Agree not to seek judicial office in the future.

      10.  Perform any combination of the actions set forth in this section.

      Sec. 17.  1.  Except as otherwise provided in subsections 2 and 3, if the commission reasonably believes that a justice or judge has committed an act or engaged in a behavior that would be addressed most appropriately through rehabilitation, treatment, education or minor corrective action, the commission may enter into an agreement with the justice or judge to defer formal disciplinary proceedings and require the justice or judge to undergo the rehabilitation, treatment, education or minor corrective action.

      2.  The commission may not enter into an agreement with a justice or judge to defer formal disciplinary proceedings if the commission has determined, pursuant to section 12 of this act, that there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the justice or judge pursuant to section 6 of this act.

      3.  The commission may enter into an agreement with a justice or judge to defer formal disciplinary proceedings only in response to misconduct that is minor in nature.

      Sec. 18.  1.  Except as otherwise provided in this section and section 22 of this act, all proceedings of the commission must remain confidential until the commission makes a determination pursuant to section 12 of this act and the prosecuting attorney files a formal statement of charges.

      2.  The confidentiality required pursuant to subsection 1 also applies to all information and materials, written or oral, received or developed by the commission or its staff in the course of its work and relating to the alleged misconduct or incapacity of a judge.

      3.  The commission shall disclose:

      (a) The report of a proceeding before the commission; and


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ê1997 Statutes of Nevada, Page 1093 (Chapter 299, AB 344)ê

 

      (b) All testimony given and all materials filed in connection with such a proceeding,

if a witness is prosecuted for perjury committed during the course of that proceeding.

      4.  If the commission determines at any stage in a disciplinary proceeding that there is an insufficient factual or legal basis to proceed, the commission shall dismiss the complaint and may, at the request of the justice or judge named in the complaint, publicly issue an explanatory statement.

      5.  The commission may issue press releases and other public statements to:

      (a) Explain the nature of its jurisdiction;

      (b) Explain the procedure for filing a complaint;

      (c) Explain limitations upon its powers and authority; and

      (d) Report on the conduct of its affairs.

Such releases and statements must not, without the consent of the justice or judge concerned, disclose by name, position, address or other information the identity of a justice or judge or other person involved in a proceeding then pending before the commission or that has been resolved without an order of censure, removal or retirement, unless formal charges have been filed after a determination pursuant to section 12 of this act.

      6.  The commission may, without disclosing the name of or any details that may identify the justice or judge involved, disclose the existence of a proceeding before it to the state board of examiners and the interim finance committee to obtain additional money for its operation from the contingency fund established pursuant to NRS 353.266.

      7.  No record of any medical examination, psychiatric evaluation or other comparable professional record made for use in an informal resolution pursuant to subsection 1 of section 10 of this act may be made public at any time without the consent of the justice or judge concerned.

      Sec. 19.  Except as otherwise provided in section 22 of this act, any person who breaches the confidentiality of disciplinary proceedings of the commission is punishable for contempt.

      Sec. 20.  Upon the filing of a formal statement of charges with the commission by the prosecuting attorney, the statement and other documents later formally filed with the commission must be made accessible to the public, and hearings must be open. The commission’s deliberative sessions must remain private. The filing of the formal statement of charges does not justify the commission, its counsel or staff in making public any correspondence, notes, work papers, interview reports or other evidentiary matter, except at the formal hearing or with explicit consent of the justice or judge named in the complaint.

      Sec. 21.  In any disciplinary proceeding in which the subject matter becomes public, through independent sources, or upon a determination pursuant to section 12 of this act and filing of a formal statement of charges, the commission may issue such statements as it deems appropriate under the circumstances to:

      1.  Confirm the pendency of the investigation;

      2.  Clarify the procedural aspects of the disciplinary proceedings;


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ê1997 Statutes of Nevada, Page 1094 (Chapter 299, AB 344)ê

 

      3.  Explain the right of the justice or judge to a fair hearing without prejudgment;

      4.  State that the justice or judge denies the allegations;

      5.  Explain the reasons for dismissing a complaint; and

      6.  Explain why the commission chose to enter into an agreement with a justice or judge pursuant to subsection 1 of section 17 of this act.

      Sec. 22.  Notwithstanding the provisions of sections 18 to 21, inclusive, of this act:

      1.  A person who files a complaint with the commission may:

      (a) At any time, reveal to a third party the alleged conduct of a justice or judge underlying the complaint that he filed with the commission or the substance of testimony that he gave before the commission.

      (b) After the commission makes a determination pursuant to section 12 of this act, regardless of whether the determination results in the filing of formal charges, reveal to a third party the fact that he filed a complaint with the commission.

      2.  A person who gives testimony before the commission may:

      (a) At any time, reveal to a third party the substance of testimony that he gave before the commission.

      (b) After the commission makes a determination pursuant to section 12 of this act, regardless of whether the determination results in the filing of formal charges, reveal to a third party the fact that he gave testimony before the commission.

      Sec. 23.  The commission shall adopt rules to establish the status of particular communications related to a disciplinary proceeding as privileged or nonprivileged.

      Sec. 24.  NRS 1.425 is hereby amended to read as follows:

      1.425  As used in NRS 1.425 to 1.465, inclusive, [“commission” means the commission on judicial discipline.] and sections 2 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 25.  NRS 1.440 is hereby amended to read as follows:

      1.440  1.  The commission has exclusive jurisdiction over the censure, removal , [and] involuntary retirement [of justices of the peace and judges of municipal courts] and other discipline of judges which is coextensive with its jurisdiction over justices of the supreme court [and judges of the district courts] and must be exercised in the same manner and under the same rules.

      2.  The supreme court may appoint two justices of the peace or municipal judges to sit on the commission for proceedings against a justice of the peace or a municipal judge, respectively. Justices of the peace or municipal judges so appointed must be designated by an order of the supreme court to sit for such proceedings in place of and to serve for the same terms as the regular members of the commission appointed by the supreme court.

      Sec. 26.  NRS 1.465 is hereby amended to read as follows:

      1.465  1.  The following persons are absolutely immune from suit for all conduct at any time in the course of their official duties:

      [1.] (a) Any member who serves on the commission;


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

ê1997 Statutes of Nevada, Page 1095 (Chapter 299, AB 344)ê

 

      [2.] (b) Any person employed by the commission;

      [3.] (c) Any independent contractor of the commission; and

      [4.] (d) Any person who performs services pursuant to NRS 1.450 or 1.460 for the commission.

      2.  The following persons are absolutely immune from suit unless convicted of committing perjury before the commission pursuant to NRS 199.120 to 199.200, inclusive:

      (a) A person who files a complaint with the commission pursuant to section 7 of this act; and

      (b) A person who gives testimony at a public hearing held by the commission pursuant to section 12 of this act.

      Sec. 27.  1.  This act becomes effective only if the supreme court of Nevada determines, upon canvass of the returns pertaining to the general election held in November of 1998, that the qualified electors of the State of Nevada have approved the legislative measure designated as Assembly Joint Resolution No. 33 of the 68th legislative session.

      2.  If the supreme court determines pursuant to subsection 1 that Assembly Joint Resolution No. 33 has been approved, this act becomes effective on January 1, 1999.

________

 

CHAPTER 300, AB 348

Assembly Bill No. 348–Assemblymen Ohrenschall, Koivisto, Buckley, Perkins, Anderson, Segerblom, Sandoval, Von Tobel, Marvel, Neighbors, de Braga, Berman, Williams, Arberry, Goldwater, Herrera, Close, Humke, Amodei, Tiffany, Hickey, Chowning, Collins, Mortenson, Nolan, Braunlin, Dini, Bache, Parks, Evans, Lee, Gustavson, Lambert, Freeman, Price, Manendo and Krenzer

CHAPTER 300

AN ACT relating to domestic violence; prohibiting certain insurers from denying a claim, refusing to issue a policy or canceling a policy solely because the claim involves domestic violence or because the insured or applicant was the victim of domestic violence; requiring the division of child and family services of the department of human resources to establish a task force concerning the elimination of the impact of domestic violence on children; and providing other matters properly relating thereto.

 

[Approved July 5, 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:

      An insurer shall not deny a claim, refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the health insurance policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.


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

ê1997 Statutes of Nevada, Page 1096 (Chapter 300, AB 348)ê

 

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

      An insurer shall not deny a claim, refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy of group health insurance was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.

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

      An insurer shall not deny a claim, refuse to issue a health benefit plan or cancel a health benefit plan solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the health benefit plan was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.

      Sec. 4.  NRS 689C.015 is hereby amended to read as follows:

      689C.015  As used in NRS 689C.015 to 689C.350, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 689C.025 to 689C.095, inclusive, have the meanings ascribed to them in those sections.

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

      A society shall not deny a claim, refuse to issue a benefit contract or cancel a benefit contract solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the benefit contract was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.

      Sec. 6.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      A corporation shall not deny a claim, refuse to issue a contract for hospital, medical or dental services or cancel a contract for hospital, medical or dental services solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the contract was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.

      Sec. 7.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      A health maintenance organization shall not deny a claim, refuse to issue a policy or cancel a policy solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.


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

ê1997 Statutes of Nevada, Page 1097 (Chapter 300, AB 348)ê

 

      Sec. 8.  Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:

      An organization for dental care shall not deny a claim, refuse to issue a policy or cancel a policy solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.

      Sec. 9.  NRS 695F.090 is hereby amended to read as follows:

      695F.090  Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions of this Title, to the extent reasonably applicable:

      1.  NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

      2.  NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

      3.  The requirements of NRS 679B.152.

      4.  The fees imposed pursuant to NRS 449.465.

      5.  NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.

      6.  The assessment imposed pursuant to subsection 3 of NRS 679B.158.

      7.  Chapter 683A of NRS.

      8.  Section 1 of this act.

      Sec. 10.  1.  The division of child and family services of the department of human resources, in consultation with the Nevada domestic violence prevention council, shall establish and coordinate a task force to review the role of agencies that provide protective services to children and criminal justice agencies in eliminating the impact of domestic violence on children.

      2.  The task force established pursuant to subsection 1 must include, without limitation:

      (a) One law enforcement officer;

      (b) One representative from a child protective service agency;

      (c) One representative from an agency that advocates to prevent domestic violence;

      (d) One representative from an agency that advocates for the rights of children;

      (e) One representative from an office of the district attorney or an office of the city attorney with experience in prosecuting criminal offenses; and

      (f) One justice of the supreme court, judge of a district court, justice of the peace or municipal judge.

      3.  The task force established pursuant to subsection 1 shall submit a report, including, without limitation, its findings and recommendations, on or before March 1, 1999, to the director of the legislative counsel bureau for distribution to the next regular session of the legislature. The task force shall provide a copy of the report to the office of the attorney general for its review to ensure compliance with federal mandates not less than 30 days before the task force submits the report to the director of the legislative counsel bureau.


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

ê1997 Statutes of Nevada, Page 1098 (Chapter 300, AB 348)ê

 

shall provide a copy of the report to the office of the attorney general for its review to ensure compliance with federal mandates not less than 30 days before the task force submits the report to the director of the legislative counsel bureau.

________

 

CHAPTER 301, AB 370

Assembly Bill No. 370–Assemblywoman de Braga

CHAPTER 301

AN ACT relating to child custody; establishing domestic violence as a grounds for establishing emergency jurisdiction for the purposes of the Uniform Child Custody Jurisdiction Act; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 125A.050 is hereby amended to read as follows:

      125A.050  1.  A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modifying decree if:

      (a) This state:

             (1) Is the home state of the child at the time of commencement of the proceeding; or

             (2) Had been the child’s home state within 6 months before commencement of the proceeding and the child is absent from this state because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state;

      (b) It is in the best interest of the child that a court of this state assume jurisdiction because:

             (1) The child and his parents, or the child and at least one contestant, have a significant connection with this state; and

             (2) There is available in this state substantial evidence concerning the child’s present or future care, protection, training and personal relationships;

      (c) The child is physically present in this state and:

             (1) The child has been abandoned; or

             (2) It is necessary in an emergency to protect the best interests of the child because [he] :

                   (I) The child has been subjected to or threatened with mistreatment or abuse or is otherwise neglected; or

                   (II) It appears to the satisfaction of the court from specific facts set forth in a verified statement of one contestant who is physically present in this state that he has been subjected to or threatened with an act which constitutes domestic violence pursuant to NRS 33.018 by an opposing contestant in the child custody matter;


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

ê1997 Statutes of Nevada, Page 1099 (Chapter 301, AB 370)ê

 

      (d) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a), (b) or (c), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that this court assume jurisdiction; or

      (e) The child is not subject to the exclusive jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act.

      2.  Except under paragraphs (c) and (d) of subsection 1, physical presence in this state of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this state to make a child custody determination.

      3.  Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody.

________

 

CHAPTER 302, AB 513

Assembly Bill No. 513–Committee on Taxation

CHAPTER 302

AN ACT relating to taxation; revising the provisions governing the submission of claims by the county assessor and payment of senior citizen property tax assistance refunds by the department of taxation; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 361.838 is hereby amended to read as follows:

      361.838  1.  A claim may be filed with the assessor of the county in which the claimant’s home or mobile home lot is located between January 15 and April 30, inclusive.

      2.  The claim must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.

      3.  The department or county assessor shall furnish the appropriate form to each claimant.

      4.  The county assessor shall, within 45 days after receiving a claim for a refund:

      (a) Process the application;

      (b) Determine the assessed valuation of the property to which the claim applies, if applicable; and

      (c) Submit the claim to the department.

      5.  The department shall not accept a claim submitted pursuant to subsection 4 after July 1.

      Sec. 2.  NRS 361.841 is hereby amended to read as follows:

      361.841  1.  The department shall examine each claim, granting or denying it, and if granted, shall determine the refund to which the claimant is entitled.

      2.  Upon examination, if:


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

ê1997 Statutes of Nevada, Page 1100 (Chapter 302, AB 513)ê

 

      (a) The claim is denied, the department shall so notify the claimant by first-class mail.

      (b) The claim is granted, the department shall [:

             (1) If the claimant’s home is on the secured or unsecured tax roll, pay to the claimant within 30 days after the date on which the tax rate of the local government is certified, the refund to which he is entitled.

             (2) Pay to a home renter within 45 days after the date on which the tax rate of the local government is certified, the refund to which he is entitled.] pay the refund to the claimant by September 30.

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

________

 

CHAPTER 303, AB 522

Assembly Bill No. 522–Committee on Commerce

CHAPTER 303

AN ACT relating to mobile home parks; making various changes regarding mobile home parks that are not operated for profit; revising the provision regarding the charge authorized for certain guests in a mobile home park; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 118B.095 is hereby amended to read as follows:

      118B.095  1.  The landlord shall authorize each manager and assistant manager to make repairs himself or enter into a contract with a third party for the repairs.

      2.  [The] Except as otherwise provided in subsection 3, the manager shall contract with a third party to provide emergency repairs for the tenants on the occasions when the manager and assistant manager are not physically present in the park. The manager shall notify each tenant of the telephone number of the third party who will make the repairs, and direct the tenants to call him when an emergency repair is needed and the manager and assistant manager are not physically present in the park. The telephone number so provided must be that of the third party directly. The provision of the telephone number of an answering service does not fulfill this requirement. If the manager or assistant manager [are] is present in the park, any request for repairs must be made to him and not the third party.

      3.  The provisions of subsection 2 do not apply to a mobile home park that is owned by:

      (a) A nonprofit organization; or

      (b) A housing authority,

if the nonprofit organization or housing authority has established an alternative method to provide emergency repairs for tenants in a timely manner.

      4.  As used in this section, “repairs” means only repairs to the property of the owner of the mobile home park.


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

ê1997 Statutes of Nevada, Page 1101 (Chapter 303, AB 522)ê

 

      Sec. 2.  NRS 118B.150 is hereby amended to read as follows:

      118B.150  The landlord or his agent or employee shall not:

      1.  Increase rent or additional charges unless:

      (a) The rental increase is the same for mobile homes of the same size or lots of the same size or of a similar location or classification within the park, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older, and any increase in additional charges for special services is the same amount for each tenant using the special service; and

      (b) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this paragraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 188B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.

      2.  Require a tenant to pay for an improvement to the common area of a mobile home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.

      3.  Require a tenant to pay for a capital improvement to the mobile home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days’ notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.

      4.  Require a tenant to pay his rent by check or money order.

      5.  Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.

      6.  Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park’s affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.

      7.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.


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

ê1997 Statutes of Nevada, Page 1102 (Chapter 303, AB 522)ê

 

      8.  Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.

      9.  Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying [any] an additional charge or fee [.] , unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.

      10.  Prohibit a tenant from erecting a fence along the perimeter of the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.

      11.  Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this subsection, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.

      12.  Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.

      Sec. 3.  NRS 118B.200 is hereby amended to read as follows:

      118B.200  Notwithstanding the expiration of a period of a tenancy, the rental agreement described in NRS 118B.190 may not be terminated except for:

      1.  Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;

      2.  Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to mobile homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;

      3.  Conduct of the tenant in the mobile home park which constitutes an annoyance to other tenants;

      4.  Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;

      5.  A change in the use of the land by the landlord pursuant to NRS 118B.180; or

      6.  Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance.

      7.  In a mobile home park that is owned by a nonprofit organization or housing authority, failure of the tenant to meet qualifications relating to age or income which:


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

ê1997 Statutes of Nevada, Page 1103 (Chapter 303, AB 522)ê

 

      (a) Are set forth in the lease signed by the tenant; and

      (b) Comply with federal, state and local law.

      Sec. 4.  NRS 118B.213 is hereby amended to read as follows:

      118B.213  1.  In addition to the fee established pursuant to NRS 118B.185, except as otherwise provided in subsection 3, the owner of a mobile home park that is operated for profit shall pay to the division an annual fee of $12 for each lot within the park. The owner shall not impose a fee or surcharge to recover from his tenants the costs resulting from the annual fee per lot paid pursuant to this subsection, or any related penalty.

      2.  The administrator shall notify the owner of each mobile home park that is operated for profit in this state on or before July 1 of each year of the fee imposed pursuant to this section.

      3.  If on May 15 of that year the balance in the fund which is attributable to deposits pursuant to this section exceeds $1,000,000, the administrator shall not charge or collect a fee pursuant to this section. The administrator shall resume the collection in any year when the balance on May 15 is less than $750,000. The administrator shall request the state treasurer to inform him of the applicable balance of the fund on May 15 of each year.

      4.  If an owner fails to pay the fee within 30 days after receiving written notice from the administrator to do so, a penalty of 50 percent of the amount of the fee must be added.

      5.  All fees and penalties collected by the division pursuant to this section must be deposited in the state treasury for credit to the fund.

      Sec. 5.  NRS 118B.215 is hereby amended to read as follows:

      118B.215  1.  There is hereby created as a special revenue fund in the state treasury the fund for low-income owners of mobile homes, to be administered by the division. All money received for the use of the fund pursuant to NRS 118B.213 or from any other source must be deposited in the fund.

      2.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

      3.  The money in the fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the mobile home lot on which their mobile home is located. To be eligible for assistance from the fund a person must:

      (a) Except as otherwise provided in this subsection, have been a tenant in the same mobile home park in this state for at least 1 year immediately preceding his application for assistance;

      (b) Be the registered owner of the mobile home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the division pursuant to NRS 489.541;

      (c) Have a monthly household income which is at or below:

             (1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the mobile home; or

             (2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the mobile home;


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

ê1997 Statutes of Nevada, Page 1104 (Chapter 303, AB 522)ê

 

      (d) Be a tenant in a mobile home park that is operated for profit and maintain continuous tenancy in that park during the duration of the supplemental assistance; and

      (e) Not have assets whose value is more than $10,000, excluding the value of the mobile home which is subject to the tenancy, the contents of that mobile home and one motor vehicle.

A person who has been a tenant of a mobile home park in this state for at least 1 year, but has not been a tenant of the mobile home park in which he resides at the time he applies for assistance for at least 1 year, is eligible for assistance from the fund if he moved to the mobile home park in which he resides at the time of his application because he was unable to pay the rent at the mobile home park from which he moved or because that park was closed.

      4.  The administrator shall adopt regulations establishing:

      (a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgment of his continued eligibility for assistance.

      (b) The maximum amount of assistance which may be distributed to a person to supplement his monthly rent pursuant to this section.

      5.  As used in this section:

      (a) “Mobile home” includes a travel trailer that is located on a mobile home lot within a mobile home park.

      (b) “Monthly household income” means the combined monthly incomes of the occupants of a mobile home which is subject to the tenancy for which assistance from the fund is requested.

      (c) “Travel trailer” has the meaning ascribed to it in NRS 489.150.

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

________

 

CHAPTER 304, AB 535

Assembly Bill No. 535–Committee on Taxation

CHAPTER 304

AN ACT relating to taxation; providing a credit against the sales tax paid by a retailer on the uncollected portion of the sales price of a sale under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 372.365 is hereby amended to read as follows:

      372.365  1.  For the purposes of the sales tax:

      (a) The return must show the gross receipts of the seller during the preceding reporting period.

      (b) The gross receipts must be segregated and reported separately for each county to which a sale of tangible personal property pertains.


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

ê1997 Statutes of Nevada, Page 1105 (Chapter 304, AB 535)ê

 

      (c) A sale pertains to the county in this state in which the tangible personal property is or will be delivered to the purchaser or his agent or designee.

      2.  For purposes of the use tax:

      (a) In the case of a return filed by a retailer, the return must show the total sales price of the property [sold] purchased by him, the storage, use or consumption of which property became subject to the use tax during the preceding reporting period.

      (b) The [gross receipts] sales price must be segregated and reported separately for each county to which a [sale] purchase of tangible personal property pertains.

      (c) If the property was brought into this state by the purchaser or his agent or designee, the sale pertains to the county in this state in which the property is or will be first used, stored or otherwise consumed. Otherwise, the sale pertains to the county in this state in which the property was delivered to the purchaser or his agent or designee.

      3.  In case of a return filed by a purchaser, the return must show the total sales price of the property purchased by him, the storage, use or consumption of which became subject to the use tax during the preceding reporting period and indicate the county in this state in which the property was first used, stored or consumed.

      4.  The return must also show the amount of the taxes for the period covered by the return and such other information as the department deems necessary for the proper administration of this chapter.

      5.  If [during the period covered by the return:

      (a) A retailer has not received a deferred payment due or is] a retailer:

      (a) Is unable to collect all or part of the sales price of a sale, the amount of which [is] was included in the gross receipts [or total sales price reported or was so included] reported for a previous reporting period [, he may deduct] ; and

      (b) Has taken a deduction on his federal income tax return pursuant to 26 U.S.C. § 166(a) for the amount which he is unable to collect,

he is entitled to receive a credit for the amount of sales [or use] tax paid [or payable] on account of that [deferred payment or] uncollected sales price . [from the amount of sales or use tax otherwise payable for the current reporting period.

      (b) A] The credit may be used against the amount of sales tax that the retailer is subsequently required to pay pursuant to this chapter.

      6.  If the Internal Revenue Service of the Department of the Treasury disallows a deduction described in paragraph (b) of subsection 5 and the retailer claimed a credit on a return for a previous reporting period pursuant to subsection 5, the retailer shall include the amount of that credit in the amount of taxes reported pursuant to subsection 4 in the first return filed with the department after the deduction is disallowed.

      7.  If a retailer collects all or part of [any deferred payment or uncollected] the sales price for which he claimed a [deduction] credit on a return for a previous reporting period pursuant to [paragraph (a), he shall add to the amount of sales or use tax otherwise payable for the current reporting period the amount he deducted on the return for the previous reporting period on account of the portion of that deferred payment or uncollected sales price which he collected during the current reporting period.


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

ê1997 Statutes of Nevada, Page 1106 (Chapter 304, AB 535)ê

 

reporting period on account of the portion of that deferred payment or uncollected sales price which he collected during the current reporting period.

      6.] subsection 5, he shall include:

      (a) The amount collected in the gross receipts reported pursuant to paragraph (a) of subsection 1; and

      (b) The sales tax payable on the amount collected in the amount of taxes reported pursuant to subsection 4,

in the first return filed with the department after that collection.

      8.  Except as otherwise provided in subsection [7,] 9, upon determining that a retailer has filed a return which contains one or more violations of the provisions of this section, the department shall:

      (a) For the first return of any retailer which contains one or more violations, issue a letter of warning to the retailer which provides an explanation of the violation or violations contained in the return.

      (b) For the first or second return, other than a return described in paragraph (a), in any calendar year which contains one or more violations, assess a penalty equal to the amount of the tax which was not reported or was reported for the wrong county or $1,000, whichever is less.

      (c) For the third and each subsequent return in any calendar year which contains one or more violations, assess a penalty of three times the amount of the tax which was not reported or was reported for the wrong county or $3,000, whichever is less.

      [7.] 9.  For the purposes of subsection [6,] 8, if the first violation of this section by any retailer was determined by the department through an audit which covered more than one return of the retailer, the department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection [6.] 8.

      Sec. 2.  NRS 374.370 is hereby amended to read as follows:

      374.370  1.  For the purposes of the sales tax:

      (a) The return must show the gross receipts of the seller during the preceding reporting period.

      (b) The gross receipts must be segregated and reported separately for each county to which a sale of tangible personal property pertains.

      (c) A sale pertains to the county in this state in which the tangible personal property is or will be delivered to the purchaser or his agent or designee.

      2.  For purposes of the use tax:

      (a) In the case of a return filed by a retailer, the return must show the total sales price of the property [sold] purchased by him, the storage, use or consumption of which property became subject to the use tax during the preceding reporting period.

      (b) The [gross receipts] sales price must be segregated and reported separately for each county to which a [sale] purchase of tangible personal property pertains.

      (c) If the property was brought into this state by the purchaser or his agent or designee, the sale pertains to the county in this state in which the property is or will be first used, stored or otherwise consumed. Otherwise, the sale pertains to the county in this state in which the property was delivered to the purchaser or his agent or designee.


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

ê1997 Statutes of Nevada, Page 1107 (Chapter 304, AB 535)ê

 

the sale pertains to the county in this state in which the property was delivered to the purchaser or his agent or designee.

      3.  In case of a return filed by a purchaser, the return must show the total sales price of the property purchased by him, the storage, use or consumption of which became subject to the use tax during the preceding reporting period and indicate the county in this state in which the property was first used, stored or consumed.

      4.  The return must also show the amount of the taxes for the period covered by the return and such other information as the department deems necessary for the proper administration of this chapter.

      5.  If [during the period covered by the return:

      (a) A retailer has not received a deferred payment due or is] a retailer:

      (a) Is unable to collect all or part of the sales price of a sale, the amount of which [is] was included in the gross receipts [or total sales price reported or was so included] reported for a previous reporting period [, he may deduct] ; and

      (b) Has taken a deduction on his federal income tax return pursuant to 26 U.S.C. § 166(a) for the amount which he is unable to collect,

he is entitled to receive a credit for the amount of sales [or use] tax paid [or payable] on account of that [deferred payment or] uncollected sales price . [from the amount of sales or use tax otherwise payable for the current reporting period.

      (b) A] The credit may be used against the amount of sales tax that the retailer is subsequently required to pay pursuant to this chapter.

      6.  If the Internal Revenue Service of the Department of the Treasury disallows a deduction described in paragraph (b) of subsection 5 and the retailer claimed a credit on a return for a previous reporting period pursuant to subsection 5, the retailer shall include the amount of that credit in the amount of taxes reported pursuant to subsection 4 in the first return filed with the department after the deduction is disallowed.

      7.  If a retailer collects all or part of [any deferred payment or uncollected] the sales price for which he claimed a [deduction] credit on a return for a previous reporting period pursuant to [paragraph (a), he shall add to the amount of sales or use tax otherwise payable for the current reporting period the amount he deducted on the return for the previous reporting period on account of the portion of that deferred payment or uncollected sales price which he collected during the current reporting period.

      6.] subsection 5, he shall include:

      (a) The amount collected in the gross receipts reported pursuant to paragraph (a) of subsection 1; and

      (b) The sales tax payable on the amount collected in the amount of taxes reported pursuant to subsection 4,

in the first return filed with the department after that collection.

      8.  Except as otherwise provided in subsection [7,] 9, upon determining that a retailer has filed a return which contains one or more violations of the provisions of this section, the department shall:


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

ê1997 Statutes of Nevada, Page 1108 (Chapter 304, AB 535)ê

 

      (a) For the first return of any retailer which contains one or more violations, issue a letter of warning to the retailer which provides an explanation of the violation or violations contained in the return.

      (b) For the first or second return, other than a return described in paragraph (a), in any calendar year which contains one or more violations, assess a penalty equal to the amount of the tax which was not reported or was reported for the wrong county or $1,000, whichever is less.

      (c) For the third and each subsequent return in any calendar year which contains one or more violations, assess a penalty of three times the amount of the tax which was not reported or was reported for the wrong county or $3,000, whichever is less.

      [7.] 9.  For the purposes of subsection [6,] 8, if the first violation of this section by any retailer was determined by the department through an audit which covered more than one return of the retailer, the department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection [6.] 8.

      Sec. 3.  The amendatory provisions of this act do not authorize any credits against the sales taxes owed on account of sales and purchases that occurred before July 1, 1997.

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

      2.  Sections 1 and 2 of this act become effective at 12:01 a.m. on July 1, 1997.

________

 

CHAPTER 305, AB 573

Assembly Bill No. 573–Committee on Natural Resources, Agriculture, and Mining

CHAPTER 305

AN ACT relating to wildlife; authorizing the board of wildlife commissioners to accept sealed bids for or to auction a certain number of wild turkey tags each year; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 502.250 is hereby amended to read as follows:

      502.250  1.  Except as otherwise provided in subsection 5, the following fees must be charged for tags:

 

Resident deer tag for regular season..........................................................           $15

Nonresident and alien deer tag for regular season...................................             60

Resident antelope tag....................................................................................             50

Resident elk tag..............................................................................................           100

Resident bighorn tag.....................................................................................           100

Resident mountain goat tag.........................................................................           100

Resident mountain lion tag...........................................................................             50

 


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

ê1997 Statutes of Nevada, Page 1109 (Chapter 305, AB 573)ê

 

      2.  Other resident big game tags for special seasons must not exceed $50. Other nonresident big game tags for special seasons must not exceed $1,000.

      3.  Tags determined to be necessary by the commission for other species pursuant to NRS 502.130 [,] must not exceed $100.

      4.  A fee not to exceed $10 may be charged for processing an application for a tag other than an elk tag. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.

      5.  The commission may accept sealed bids for or auction not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the division for the cost of managing the wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the state treasurer for credit to the wildlife heritage trust account in the state general fund in accordance with the provisions of NRS 501.3575.

      6.  The commission may by regulation establish an additional drawing for big game tags, which may be entitled the partnership in wildlife drawing. The money received by the division from applicants in the drawing who are not awarded big game tags must be deposited with the state treasurer for credit to the wildlife heritage trust account in accordance with the provisions of NRS 501.3575.

      Sec. 2.  Section 2 of Assembly Bill No. 47 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 502.250 is hereby amended to read as follows:

       502.250  1.  Except as otherwise provided in [subsection 5,] this section, the following fees must be charged for tags:

 

Resident deer tag for regular season.............................................           $15

Nonresident and alien deer tag for regular season......................             60

Resident antelope tag.......................................................................             50

Resident elk tag.................................................................................           100

Resident bighorn tag........................................................................           100

Resident mountain goat tag............................................................           100

Resident mountain lion tag....................................................... [50]            25

 

       2.  Other resident big game tags for special seasons must not exceed $50. Other nonresident big game tags for special seasons must not exceed $1,000.

       3.  Tags determined to be necessary by the commission for other species pursuant to NRS 502.130 must not exceed $100.

       4.  A fee not to exceed $10 may be charged for processing an application for a tag other than an elk tag. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.


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

ê1997 Statutes of Nevada, Page 1110 (Chapter 305, AB 573)ê

 

not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.

       5.  The commission may accept sealed bids for or auction not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the division for the cost of managing [the] wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the state treasurer for credit to the wildlife heritage trust account in the state general fund in accordance with the provisions of NRS 501.3575.

       6.  The commission may by regulation establish an additional drawing for big game tags, which may be entitled the partnership in wildlife drawing. [The] To reimburse the division for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Except as otherwise provided by regulations adopted by the commission pursuant to subsection 7, the money received by the division from applicants in the drawing who are not awarded big game tags must be deposited with the state treasurer for credit to the wildlife heritage trust account in accordance with the provisions of NRS 501.3575.

       7.  The commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.

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

________

 


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

ê1997 Statutes of Nevada, Page 1111ê

 

CHAPTER 306, AB 585

Assembly Bill No. 585–Assemblyman Neighbors

CHAPTER 306

AN ACT relating to taxation; clarifying the authority to appeal the property tax valuation of a leasehold interest, possessory interest, beneficial interest or beneficial use to the county and state boards of equalization; authorizing certain local governments to reduce the estimated revenue from property taxes in preparing budgets under certain circumstances; limiting the use of revenue from property taxes that was excluded from the final budget of a local government; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in NRS 361.335 to 361.435, inclusive:

      1.  The term “property” includes a leasehold interest, possessory interest, beneficial interest or beneficial use of a lessee or user of property which is taxable pursuant to NRS 361.157 or 361.159.

      2.  Where the term “property” is read to mean a taxable leasehold interest, possessory interest, beneficial interest or beneficial use of a lessee or user of property, the term “owner” used in conjunction therewith must be interpreted to mean the lessee or user of the property.

      Sec. 2.  NRS 361.227 is hereby amended to read as follows:

      361.227  1.  Any person determining the taxable value of real property shall appraise:

      (a) The full cash value of:

             (1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.

             (2) Improved land consistently with the use to which the improvements are being put.

      (b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.

      2.  The unit of appraisal must be a single parcel unless:

      (a) The location of the improvements causes two or more parcels to function as a single parcel; or

      (b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada tax commission.

      3.  The taxable value of a leasehold interest, possessory interest, beneficial interest or beneficial use for the purpose of NRS 361.157 or 361.159 must be determined in the same manner as the taxable value of the property would otherwise be determined if the lessee or user of the property was the owner of the property and it was not exempt from taxation, except that the taxable value so determined must be reduced by a percentage of the taxable value that is equal to the:

 


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

ê1997 Statutes of Nevada, Page 1112 (Chapter 306, AB 585)ê

 

was the owner of the property and it was not exempt from taxation, except that the taxable value so determined must be reduced by a percentage of the taxable value that is equal to the:

      (a) Percentage of the property that is not actually leased by the lessee or used by the user during the fiscal year; and

      (b) Percentage of time that the property is not actually leased by the lessee or used by the user during the fiscal year.

      4.  The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence. Depreciation of a billboard must be calculated at 1.5 percent of the cost of replacement for each year after the year of acquisition of the billboard, up to a maximum of 50 years.

      5.  The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds full cash value or whether obsolescence is a factor in valuation may consider:

      (a) Comparative sales, based on prices actually paid in market transactions.

      (b) A summation of the estimated full cash value of the land and contributory value of the improvements.

      (c) Capitalization of the fair economic income expectancy or fair economic rent.

A county assessor is required to make the reduction prescribed in this subsection if the owner calls to his attention the facts warranting it, if he discovers those facts during physical reappraisal of the property or if he is otherwise aware of those facts.

      6.  [The taxable value of property is not subject to challenge pursuant to subsection 5 on the basis that the right to the use and enjoyment of property that is owned by an entity exempt from taxation but is leased to or used by a person who is not exempt from taxation pursuant to a leasehold interest, possessory interest, beneficial interest or beneficial use has a lesser full cash value than the same right pursuant to an ownership interest.

      7.]  The Nevada tax commission shall by regulation establish:

      (a) Standards for determining the cost of replacement of improvements of various kinds.

      (b) Standards for determining the cost of replacement of personal property of various kinds. The standards must include a separate index of factors for application to the acquisition cost of a billboard to determine its replacement cost.

      (c) Schedules of depreciation for personal property based on its estimated life.

      (d) Criteria for the valuation of two or more parcels as a subdivision.

      [8.] 7.  In determining the cost of replacement of personal property for the purpose of computing taxable value, the cost of all improvements of the personal property, including any additions to or renovations of the personal property but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.


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

ê1997 Statutes of Nevada, Page 1113 (Chapter 306, AB 585)ê

 

      [9.] 8.  The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.

      [10.] 9.  The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320.

      Sec. 3.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  1.  In preparing a tentative budget, the governing body of a local government, except a school district, which determines that the amount of revenue to be received from taxes ad valorem during the ensuing fiscal year will be reduced because one or more lessees or users of property which is taxable pursuant to NRS 361.157 or 361.159 will be delinquent in paying the tax, may, upon approval by the executive director of the department of taxation, reduce the estimate of revenue from taxes ad valorem by the amount of the tax expected to be delinquent.

      2.  In adopting a final budget, the governing body of a local government, except a school district, shall reduce the estimate of revenue from taxes ad valorem by the amount determined pursuant to subsection 1, unless the governing body has determined since the preparation of the tentative budget that some or all of the tax expected to be delinquent will be paid. The governing body shall increase the estimate of revenue from taxes ad valorem by the amount of tax no longer expected to be delinquent, if any.

      3.  The provisions of this section do not affect the calculation of the limitation upon revenue from taxes ad valorem pursuant to NRS 354.59811 or any estimate of assessed valuation used to distribute revenue among local governments or determine the debt limit of the state, a local government or a school district.

      Sec. 5.  A local government, except a school district, that receives revenue from taxes ad valorem from a lessee or user of property which is taxable pursuant to NRS 361.157 or 361.159 shall deposit the revenue in or transfer the revenue to one or more of the funds established by the local government pursuant to NRS 354.611, 354.6113 or 354.6115 and use that revenue only for the purposes authorized by those sections if the revenue was received in:

      1.  A fiscal year after the fiscal year the taxes were owed; or

      2.  The fiscal year the taxes are owed and the taxes were excluded from the estimate of revenue from taxes ad valorem for the local government pursuant to section 4 of this act.

      Sec. 6.  NRS 354.6117 is hereby amended to read as follows:

      354.6117  [The]

      1.  Except as otherwise provided in subsection 2, the total amount of money which may be transferred in a fiscal year from the general fund of a local government to the funds established pursuant to NRS 354.611, 354.6113 and 354.6115 must not exceed 10 percent of the total amount of the budgeted expenditures of the general fund, plus any money transferred from the general fund, other than the money transferred to those funds, for that fiscal year.


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

ê1997 Statutes of Nevada, Page 1114 (Chapter 306, AB 585)ê

 

      2.  Any money that a local government, pursuant to section 5 of this act, deposits in or transfers to one or more of the funds established by the local government pursuant to NRS 354.611, 354.6113 or 354.6115:

      (a) Is not subject to the limitation on the amount of money that a local government may transfer to those funds pursuant to subsection 1.

      (b) Must not be included in the determination of the total amount of money transferred to those funds for the purposes of the limitation set forth in subsection 1.

      Sec. 7.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 307, SB 31

Senate Bill No. 31–Senators Augustine and James

CHAPTER 307

AN ACT relating to crimes; increasing the penalty for petit larceny in certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 205.240 is hereby amended to read as follows:

      205.240  1.  Except as otherwise provided in NRS 205.220 and 475.105 and sections 8 and 9 of Senate Bill No. 118 of this [act,] session, a person commits petit larceny if the person:

      (a) Intentionally steals, takes and carries away, leads away or drives away:

             (1) Personal goods or property, with a value of less than $250, owned by another person;

             (2) Bedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or

             (3) Real property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another person.

      (b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.

      2.  A person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  Except as otherwise provided in subsection 4 [,] or 5, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny one other time, the court, in addition to any other penalty, shall order the person to perform not less than 48 hours of community service.


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

ê1997 Statutes of Nevada, Page 1115 (Chapter 307, SB 31)ê

 

      4.  Except as otherwise provided in subsection 5, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny two other times, the court, in addition to any other penalty:

      (a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months; and

      (b)Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days.

      [4.] 5.  If a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny three or more other times, the court, in addition to any other penalty:

      (a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months;

      (b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days; and

      (c) Shall impose a fine of at least $500.

      [5.] 6.  The provisions of subsections 3 , [and] 4 and 5 do not affect the provisions of any other statute providing for a more severe penalty for a first or subsequent conviction of petit larceny.

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

      Sec. 3.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 4.  This act becomes effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 308, SB 295

Senate Bill No. 295–Committee on Human Resources and Facilities

CHAPTER 308

AN ACT relating to the commission on professional standards in education; authorizing appointment by the governor of a person nominated by the dean of the College of Education at one of the universities in the University and Community College System of Nevada to serve on the commission in place of the dean; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 391.011 is hereby amended to read as follows:

      391.011  1.  The commission on professional standards in education, consisting of nine members appointed by the governor, is hereby created.

      2.  Four members of the commission must be teachers who teach in the classroom as follows:

      (a) One who teaches in a secondary school.


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

ê1997 Statutes of Nevada, Page 1116 (Chapter 308, SB 295)ê

 

      (b) One who teaches in a middle school or junior high school.

      (c) One who teaches in an elementary school.

      (d) One who teaches special education.

      3.  The remaining members of the commission must include:

      (a) One counselor or psychologist employed by a school district.

      (b) Two administrators of schools, at least one of whom must be a principal of a school.

      (c) The dean of the College of Education at one of the universities in the University and Community College System of Nevada [.] , or a representative of one of the Colleges of Education nominated by such a dean for appointment by the governor.

      (d) One member who is a representative of the general public.

      4.  The appointments of a counselor, the administrators and three of the four teachers must be made from a list of names of at least three persons for each position that is submitted to the governor:

      (a) For the counselor and teachers, by an employee organization representing the majority of counselors and the majority of teachers in the State of Nevada who teach in the educational level from which the appointment is being made; or

      (b) For administrators, by an organization of administrators for schools in which the majority of administrators of schools in this state have membership.

      5.  One member of the commission who is a teacher, administrator, counselor or psychologist must be employed by a private school licensed pursuant to chapter 394 of NRS.

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

________

 

CHAPTER 309, SB 345

Senate Bill No. 345–Committee on Judiciary

CHAPTER 309

AN ACT relating to gaming; revising the provisions governing the regulation of persons who provide information services concerning wagering on sporting and other events to gaming licensees; exempting such information services from provisions governing solicitation by telephone; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Information service” means a person who sells and provides information to a licensed sports pool that is used primarily to aid the placing of wagers on events of any kind. The term includes, without limitation, a person who sells and provides any:

      1.  Line, point spread or odds;


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ê1997 Statutes of Nevada, Page 1117 (Chapter 309, SB 345)ê

 

      2.  Information, advice or consultation considered by a licensee in establishing or setting any line, point spread or odds; or

      3.  Advice, estimate or prediction regarding the outcome of an event.

The term does not include a newspaper or magazine of general circulation or a television or radio service or broadcast if the primary purpose of the newspaper, magazine or television or radio service or broadcast is other than to aid the placing of wagers on events of any kind.

      Sec. 3.  1.  The commission shall, before issuing a state gaming license to an operator of an information service, charge and collect an annual fee of $6,000.

      2.  Each such license must be issued for a calendar year beginning on January 1 and ending on December 31. If the operation of the licensee is continuing, the commission shall charge and collect the fee on or before December 31 for the ensuing calendar year.

      3.  Except as otherwise provided in NRS 463.386, the fee to be charged and collected pursuant to this section is the full annual fee, without regard to the date of application for or issuance of the license.

      Sec. 4.  NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Boxmen;

      (c) Cashiers;

      (d) Change personnel;

      (e) Counting room personnel;

      (f) Dealers;

      (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

      (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;

      (i) Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;

      (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      (k) Employees of operators of inter-casino linked systems;

      (l) Floormen;

      (m) Hosts or other persons empowered to extend credit or complimentary services;


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ê1997 Statutes of Nevada, Page 1118 (Chapter 309, SB 345)ê

 

      (n) Keno runners;

      (o) Keno writers;

      (p) Machine mechanics;

      (q) Odds makers and line setters;

      (r) Security personnel;

      (s) Shift or pit bosses;

      (t) Shills;

      (u) Supervisors or managers; [and]

      (v) Ticket writers [.] ; and

      (w) Employees of a person required by NRS 463.160 to be licensed to operate an information service.

      2.  “Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.

      Sec. 6.  NRS 463.160 is hereby amended to read as follows:

      463.160  1.  Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, slot machine, race book or sports pool;

      (b) To provide or maintain any information service ; [the primary purpose of which is to aid the placing or making of wagers on events of any kind;] or

      (c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool,

without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

      2.  The licensure of an operator of an inter-casino linked system is not required if:

      (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

      (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

      3.  Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed pursuant to this chapter, or his employee.

      4.  The commission may, by regulation, authorize a person to own or lease slot machines for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

      5.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.


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ê1997 Statutes of Nevada, Page 1119 (Chapter 309, SB 345)ê

 

      Sec. 7.  NRS 599B.010 is hereby amended to read as follows:

      599B.010  As used in this chapter, unless the context otherwise requires:

      1.  “Chance promotion” means any plan in which premiums are distributed by random or chance selection.

      2.  “Commissioner” means the commissioner of consumer affairs.

      3.  “Consumer” means a person who is solicited by a seller or salesman.

      4.  “Division” means the consumer affairs division of the department of business and industry.

      5.  “Donation” means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:

      (a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and

      (b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.

      6.  “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

      7.  “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

      8.  “Recovery service” means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.

      9.  “Salesman” means any person:

      (a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;

      (b) Retained by a seller to provide consulting services relating to the management or operation of the seller’s business; or

      (c) Who communicates on behalf of a seller with a consumer:

             (1) In the course of a solicitation by telephone; or

             (2) For the purpose of verifying, changing or confirming an order,

except that a person is not a salesman if his only function is to identify a consumer by name only and he immediately refers the consumer to a salesman.

      10.  Except as otherwise provided in subsection 11, “seller” means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:

      (a) The person initiates contact by telephone with a consumer and represents or implies:

             (1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;

 


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ê1997 Statutes of Nevada, Page 1120 (Chapter 309, SB 345)ê

 

purchased, without further cost, except for actual postage or common carrier charges;

             (2) That a consumer will or has a chance or opportunity to receive a premium;

             (3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;

             (4) That offered for sale is information or opinions relating to sporting events;

             (5) That offered for sale are the services of a recovery service; or

             (6) That the consumer will receive a premium or goods or services if he makes a donation;

      (b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:

             (1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;

             (2) That the consumer will receive a premium if the recipient calls the person;

             (3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;

             (4) That offered for sale are the services of a recovery service; or

             (5) That the consumer will receive a premium or goods or services if he makes a donation; or

      (c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:

             (1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;

             (2) Information or opinions relating to sporting events; or

             (3) Services of a recovery service.

      11.  “Seller” does not include:

      (a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.

      (b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.

      (c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.

      (d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.


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ê1997 Statutes of Nevada, Page 1121 (Chapter 309, SB 345)ê

 

      (e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.

      (f) A person who solicits a donation from a consumer when:

             (1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or

             (2) The consumer provides a donation of $50 or less in response to the solicitation.

      (g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.

      (h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.

      (i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

      (j) A person soliciting the sale of books, recordings, video cassettes or similar items through an organization whose method of sales is governed by the regulations of the Federal Trade Commission relating to the use of negative option plans by sellers in commerce, including the use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements under which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

      (k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:

             (1) Contains a written description or illustration of each item offered for sale and the price of each item;

             (2) Includes the business address of the person;

             (3) Includes at least 100 pages of written material and illustrations;

             (4) Is distributed in more than one state; and

             (5) Has an annual circulation by mailing of not less than 250,000.

      (l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

      (m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

      (n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

      (o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.


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ê1997 Statutes of Nevada, Page 1122 (Chapter 309, SB 345)ê

 

      (p) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.

      (q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.

      (r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

             (1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and

             (2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.

      (s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.

      (t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

             (1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1 et seq.); and

             (2) The registration or license has not expired or been suspended or revoked.

      (u) A person who contracts for the maintenance or repair of goods previously purchased from the person:

             (1) Making the solicitation; or

             (2) On whose behalf the solicitation is made.

      (v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.

      (w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:

             (1) Does not offer the customer any premium in connection with the sale;

             (2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and

             (3) Is not regularly engaged in telephone sales.

      (x) A person who solicits the sale of livestock.

      (y) An issuer or wholly owned subsidiary of an issuer which has a security that is listed on the New York Stock Exchange.

      Sec. 8.  Notwithstanding the provisions of section 2 of this act, an information service that is conducting business on October 1, 1997, may continue conducting business after that date if it submits an application for a license to the Nevada gaming commission on or before December 31, 1997. Upon the timely filing of an application, the information service may continue to conduct business without a license until it receives notification of the decision of the commission granting or denying a license.

________

 


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ê1997 Statutes of Nevada, Page 1123ê

 

CHAPTER 310, SB 448

Senate Bill No. 448–Senator Rawson (By Request)

CHAPTER 310

AN ACT relating to medical laboratories; making various changes relating to the records of and reports made by medical laboratories; requiring the state board of health to adopt certain regulations relating to medical laboratories; revising provisions governing the licensure of medical laboratories; revising the conditions for performance of certain laboratory tests by licensed nurses; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 629.051 is hereby amended to read as follows:

      629.051  [Each] Except as otherwise provided in regulations adopted by the state board of health pursuant to section 3 of this act with regard to the records of a medical laboratory, each provider of health care shall retain the health care records of his patients as part of his regularly maintained records for 5 years after their receipt or production. Health care records may be retained in written form, or by microfilm or any other recognized form of size reduction, including, without limitation, microfiche, computer disc, magnetic tape and optical disc, which does not adversely affect their use for the purposes of NRS 629.061. Health care records may be created, authenticated and stored in a computer system which limits access to those records.

      Sec. 2.  Chapter 652 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  The board shall adopt regulations establishing the length of time that the health care and other regularly maintained records of a medical laboratory must be retained. The regulations must be consistent with the provisions of Part 493 of Title 42 of the Code of Federal Regulations.

      Sec. 4.  Regulations adopted by the board pursuant to this chapter may not be more stringent than the provisions of Part 493 of Title 42 of the Code of Federal Regulations, except that the board may adopt regulations which are more stringent relating to:

      1.  Any laboratory test classified as a waived test pursuant to the provisions of Part 493 of Title 42 of the Code of Federal Regulations; and

      2.  The qualifications and duties of the personnel of a medical laboratory.

      Sec. 5.  NRS 652.070 is hereby amended to read as follows:

      652.070  The legislature declares that:

      1.  The proper operation of medical laboratories within the state is a matter of vital concern affecting the public health, safety and welfare.

      2.  The purpose of this chapter is to promote public health, safety and welfare by developing, establishing and enforcing:

      (a) Minimum standards for the licensing of medical laboratories;

      (b) Minimum qualifications for laboratory directors and the certification of laboratory personnel; [and]


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ê1997 Statutes of Nevada, Page 1124 (Chapter 310, SB 448)ê

 

      (c) Performance standards for laboratories [.] ; and

      (d) Requirements for the retention of the health care and other regularly maintained records of laboratories.

      Sec. 6.  NRS 652.080 is hereby amended to read as follows:

      652.080  1.  Except as otherwise provided in NRS 652.217 and 652.235, no person may operate, conduct, issue a report from or maintain a medical laboratory without first obtaining a license to do so issued by the health division pursuant to the provisions of this chapter.

      2.  A license issued pursuant to the provisions of subsection 1 is valid for [12] 24 months and is renewable [annually] biennially on or before the date of its expiration.

      3.  No license may be issued to a laboratory which does not have a laboratory director.

      4.  A license may be placed in an inactive status upon the approval of the health division and the payment of current fees.

      5.  The health division may require a laboratory that is located outside of this state to be licensed in accordance with the provisions of this chapter before the laboratory may examine any specimens collected within this state if the health division determines that the licensure is necessary to protect the public health, safety and welfare of the residents of this state.

      Sec. 7.  NRS 652.180 is hereby amended to read as follows:

      652.180  A laboratory director shall:

      1.  Select and supervise all laboratory procedures;

      2.  Report the findings or results of laboratory tests;

      3.  Actively participate in the operation of the laboratory to the extent necessary to assure compliance with the provisions of this chapter; [and]

      4.  Be responsible for the proper performance of all work in the laboratory and of all subordinates [.] ; and

      5.  Retain the health care and other regularly maintained records of the laboratory in accordance with regulations adopted by the board pursuant to section 3 of this act.

      Sec. 8.  NRS 652.190 is hereby amended to read as follows:

      652.190  1.  A laboratory may examine specimens only at the request of:

      (a) A licensed physician;

      (b) Any other person authorized by law to use the findings of laboratory tests and examinations; or

      (c) If the examination can be made with a testing device or kit which is approved by the Food and Drug Administration for use in the home and which is available to the public without a prescription, any person.

      2.  Except as otherwise provided in NRS 441A.150 and 652.193, the laboratory may report the results of the examination only to the person requesting the test or procedure and to the patient for whom the testing or procedure was performed. The laboratory report must contain the name of the laboratory . [and of the laboratory director.]

      3.  If a specimen is accepted by a laboratory and is referred to another laboratory, the name and address of the other laboratory [and its director] must be clearly shown by the referring laboratory on the report to the person requesting the test or procedure.


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ê1997 Statutes of Nevada, Page 1125 (Chapter 310, SB 448)ê

 

      4.  Whenever an examination is made pursuant to paragraph (c) of subsection 1, the laboratory report must contain a provision which recommends that the results of the examination be reviewed and interpreted by a physician or other licensed provider of health care.

      Sec. 9.  NRS 652.217 is hereby amended to read as follows:

      652.217  A licensed nurse who is employed by a medical facility which is licensed pursuant to chapter 449 of NRS may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations if the laboratory director [of the medical laboratory in which the test is conducted] or a person he has designated:

      1.  Verifies that the nurse is competent to perform the test;

      2.  Ensures that the test is performed in accordance with any manufacturer’s instructions; and

      3.  Validates and verifies the manner in which the test is performed through the use of controls which assure accurate and reliable results of the test.

      Sec. 10.  The amendatory provisions of section 6 of this act that extend the period of validity of licenses issued to medical laboratories apply only to licenses that are issued or renewed on or after October 1, 1997.

________

 

CHAPTER 311, SB 24

Senate Bill No. 24–Committee on Natural Resources

CHAPTER 311

AN ACT relating to the Tahoe Regional Planning Compact; revising the composition and duties of the Tahoe Transportation District; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 277.200 is hereby amended to read as follows:

      277.200  The Tahoe Regional Planning Compact is as follows:

 

Tahoe Regional Planning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

      (a) It is found and declared that:

             (1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

             (2) The public and private interests and investments in the region are substantial.

             (3) The region exhibits unique environmental and ecological values which are irreplaceable.


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ê1997 Statutes of Nevada, Page 1126 (Chapter 311, SB 24)ê

 

             (4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

             (5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

             (6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

             (7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

             (8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

             (9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

             (10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the region’s natural endowment and its man-made environment.

      (b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

      (c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

      (a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B.


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ê1997 Statutes of Nevada, Page 1127 (Chapter 311, SB 24)ê

 

intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

      (b) “Agency” means the Tahoe Regional Planning Agency.

      (c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.

      (d) “Regional plan” means the long-term general plan for the development of the region.

      (e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

      (f) “Gaming” means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

      (g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

      (h) “Project” means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

      (i) “Environmental threshold carrying capacity” means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

      (j) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

      (k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

      (l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.

      (m) “Nonrestricted license” means a gaming license which is not a restricted gaming license.


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

ê1997 Statutes of Nevada, Page 1128 (Chapter 311, SB 24)ê

 

ARTICLE III. Organization

 

      (a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

      The governing body of the agency shall be constituted as follows:

      (1) California delegation:

      (A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

      (B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.

      (2) Nevada delegation:

      (A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

      (B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.

      (C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.

      (3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.


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

ê1997 Statutes of Nevada, Page 1129 (Chapter 311, SB 24)ê

 

      (4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

      (5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, “economic interests” means:

      (A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;

      (B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;

      (C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

      (D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

      (b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

      (c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

      (d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.


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

ê1997 Statutes of Nevada, Page 1130 (Chapter 311, SB 24)ê

 

publishing the date and place and posting an agenda at least 5 days prior to the meeting.

      (e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

      (f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

      (g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

      (1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.

      (2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

      (3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded.


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

ê1997 Statutes of Nevada, Page 1131 (Chapter 311, SB 24)ê

 

of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

      (h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

      The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

      The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

      The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

      A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

      (i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

      (j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

      (a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.


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

ê1997 Statutes of Nevada, Page 1132 (Chapter 311, SB 24)ê

 

      (b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

      (c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

 

ARTICLE V. Planning

 

      (a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

      The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

      If a request is made for the amendment of the regional plan by:

      (1) A political subdivision a part of whose territory would be affected by such amendment; or

      (2) The owner or lessee of real property which would be affected by such amendment,

the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

      (b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.


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

ê1997 Statutes of Nevada, Page 1133 (Chapter 311, SB 24)ê

 

agency shall adopt environmental threshold carrying capacities for the region.

      (c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

      The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

      (1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.

      (2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

      (A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

      (B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

      The plan shall provide for an appropriate transit system for the region.

      The plan shall give consideration to:

      (A) Completion of the Loop Road in the states of Nevada and California;

      (B) Utilization of a light rail mass transit system in the South Shore area; and

      (C) Utilization of a transit terminal in the Kingsbury Grade area.

Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

      (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.


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

ê1997 Statutes of Nevada, Page 1134 (Chapter 311, SB 24)ê

 

corridors along transportation routes, open spaces, recreational and historical facilities.

      (4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

      (5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

      In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

      (d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

      The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

      (e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

      (f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.


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

ê1997 Statutes of Nevada, Page 1135 (Chapter 311, SB 24)ê

 

      (g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

      (h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

      (i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

 

ARTICLE VI. Agency’s Powers

 

      (a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

      The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

      Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption.


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

ê1997 Statutes of Nevada, Page 1136 (Chapter 311, SB 24)ê

 

adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

      (b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.

      The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

      Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

      (c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

      (1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

      (2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

      (3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a “residential unit” means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.


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

ê1997 Statutes of Nevada, Page 1137 (Chapter 311, SB 24)ê

 

      The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

      1.  City of South Lake Tahoe and El Dorado County (combined)..........               252

      2.  Placer County............................................................................................               278

      3.  Carson City................................................................................................                -0-

      4.  Douglas County........................................................................................               339

      5.  Washoe County........................................................................................               739

      (4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.

      The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

      1.  City of South Lake Tahoe and El Dorado County (combined)..........          64,324

      2.  Placer County............................................................................................          23,000

      3.  Carson City................................................................................................                -0-

      4.  Douglas County........................................................................................          57,354

      5.  Washoe County........................................................................................          50,600

      (5) No structure may be erected to house gaming under a nonrestricted license.

      (6) No facility for the treatment of sewage may be constructed or enlarged except:

      (A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;

      (B) To accommodate development which is not prohibited or limited by this subdivision; or

      (C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a “project”; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.

      The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.


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

ê1997 Statutes of Nevada, Page 1138 (Chapter 311, SB 24)ê

 

this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

      The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

      (d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

      (1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

      (2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

      (3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

      (e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.


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

ê1997 Statutes of Nevada, Page 1139 (Chapter 311, SB 24)ê

 

      (f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):

      (1) The agency’s review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

      (A) Enlarge the cubic volume of the structure;

      (B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

      (C) Convert an area devoted to the private use of guests to an area open to public use;

      (D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

      (E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.

The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

      (2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

      (3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

      (g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:


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

ê1997 Statutes of Nevada, Page 1140 (Chapter 311, SB 24)ê

 

      (1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

      (A) The location of its external walls;

      (B) Its total cubic volume;

      (C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

      (D) The amount of surface area of land under the structure; and

      (E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.

      (2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

      The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

      (h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

      (i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

      (j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:

      (1) This subdivision applies to:

      (A) Actions arising out of activities directly undertaken by the agency.

      (B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

      (C) Actions arising out of any other act or failure to act by any person or public agency.

Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

      (2) Venue lies:

      (A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.

      (B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

      (3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, “aggrieved person” means the Tahoe Regional Planning Agency or any state, federal or local agency.


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

ê1997 Statutes of Nevada, Page 1141 (Chapter 311, SB 24)ê

 

local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, “aggrieved person” means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.

      (4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.

      (5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.

      (6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.

      (7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.

      (k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.

      (l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000.


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

ê1997 Statutes of Nevada, Page 1142 (Chapter 311, SB 24)ê

 

Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.

      (m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.

      (n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.

      (o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.

      (p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.

      (q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

      (a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:

      (1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man’s environment;

      (2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:

      (A) The significant environmental impacts of the proposed project;

      (B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;

      (C) Alternatives to the proposed project;

      (D) Mitigation measures which must be implemented to assure meeting standards of the region;


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

ê1997 Statutes of Nevada, Page 1143 (Chapter 311, SB 24)ê

 

      (E) The relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity;

      (F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and

      (G) The growth-inducing impact of the proposed project;

      (3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;

      (4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the region’s environment; and

      (5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.

      (b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.

      (c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.

      In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.

      (d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:

      (1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or

      (2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.

A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.


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

ê1997 Statutes of Nevada, Page 1144 (Chapter 311, SB 24)ê

 

      (e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.

      (f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.

 

ARTICLE VIII. Finances

 

      (a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.

      (b) The agency may fix and collect reasonable fees for any services rendered by it.

      (c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.

      (d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.

      (e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.

 


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

ê1997 Statutes of Nevada, Page 1145 (Chapter 311, SB 24)ê

 

ARTICLE IX. Transportation District

 

      (a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.

      (b) The business of the district shall be managed by a board of directors consisting of:

      (1) One member of the county board of supervisors of each of the counties of El Dorado and Placer [;] who must be appointed by his respective board of supervisors;

      (2) One member of the city council of the City of South Lake Tahoe [;] who must be appointed by the city council;

      (3) One member each of the board of county commissioners of Douglas County and of Washoe County [;] who must be appointed by his respective board of county commissioners;

      (4) One member of the board of supervisors of Carson City [;] who must be appointed by the board of supervisors;

      (5) One member of the South Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;

      (6) One member of the North Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;

      (7) One member of each local transportation district in the region that is authorized by the State of Nevada or the State of California who must be appointed by his respective transportation district;

      (8) One member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region;

      (9) The director of the California Department of Transportation; and

      [(6)](10) The director of the department of transportation of the State of Nevada.

Any [director] entity that appoints a member to the board of directors, the director of the California Department of Transportation or the director of the department of transportation of the State of Nevada may designate an alternate.

      (c) Before a local transportation district appoints a member to the board of directors pursuant to paragraph (7) of subdivision (b), the local transportation district must enter into a written agreement with the Tahoe transportation district that sets forth the responsibilities of the districts for the establishment of policies and the management of financial matters, including, but not limited to, the distribution of revenue among the districts.

      (d) The directors of the California Department of Transportation and the department of transportation of the State of Nevada, or their designated alternates, serve as nonvoting directors, but shall provide technical and professional advice to the district as necessary and appropriate.


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

ê1997 Statutes of Nevada, Page 1146 (Chapter 311, SB 24)ê

 

      (e) The vote of [at least five] a majority of the directors must agree to take action. If [at least five] a majority of votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.

      [(d)](f) The Tahoe transportation district may by resolution establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities. These procedures must conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the region.

      (g) The Tahoe transportation district may in accordance with the adopted transportation plan:

      (1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.

      (2) Own and operate support facilities for public and private systems of transportation, including, but not limited to, parking lots, terminals, facilities for maintenance, devices for the collection of revenue and other related equipment.

      (3) Acquire or agree to operate upon mutually agreeable terms any [public] publicly or privately owned transportation system or facility [owned by a county, city or special purpose district] within the region.

      [(3)](4) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.

      [(4)](5) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.

      (6) Contract with local governments in the region to operate transportation facilities or provide any of the services necessary to operate a system of transportation for the region.

      (7) Fix the rates and charges for [transit] transportation services provided pursuant to this subdivision.

      [(5)](8) Issue revenue bonds and other evidence of indebtedness [.

      (6)] and make other financial arrangements appropriate for developing and operating a public transportation system.

      (9) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way [.] , except for a sales and use tax. If a sales and use tax is approved by the voters as provided in this paragraph, it may be administered by the states of California and Nevada respectively in accordance with the laws that apply within their respective jurisdictions and must not exceed a rate of 1 percent of the gross receipts from the sale of tangible personal property sold in the district. The district is prohibited from imposing any other tax measured by gross or net receipts on business, an ad valorem tax, [a tax measured by gross or net receipts on business,] a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of [two-thirds of] the voters voting on the proposition [.]


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

ê1997 Statutes of Nevada, Page 1147 (Chapter 311, SB 24)ê

 

and shall become effective upon approval of [two-thirds of] the voters voting on the proposition [.] who reside in the State of California in accordance with the laws that apply within that state and approval of the voters voting on the proposition who reside in the State of Nevada in accordance with the laws that apply within that state. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.

      [(7)](10) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.

      [(e)](h) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

      (a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.

      (b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.

      (c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.

      (d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.

      Sec. 2.  NRS 277.200 is hereby amended to read as follows:

      277.200  The Tahoe Regional Planning Compact is as follows:

 

Tahoe Regional Planning Compact

 

Article I. Findings and Declarations of Policy

 

      (a) It is found and declared that:


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

ê1997 Statutes of Nevada, Page 1148 (Chapter 311, SB 24)ê

 

             (1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

             (2) The public and private interests and investments in the region are substantial.

             (3) The region exhibits unique environmental and ecological values which are irreplaceable.

             (4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

             (5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

             (6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

             (7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

             (8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

             (9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

             (10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the region’s natural endowment and its man-made environment.

      (b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

      (c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

      (a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B.


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

ê1997 Statutes of Nevada, Page 1149 (Chapter 311, SB 24)ê

 

shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

      (b) “Agency” means the Tahoe Regional Planning Agency.

      (c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.

      (d) “Regional plan” means the long-term general plan for the development of the region.

      (e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

      (f) “Gaming” means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

      (g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

      (h) “Project” means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

      (i) “Environmental threshold carrying capacity” means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

      (j) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

      (k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

      (l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.


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

ê1997 Statutes of Nevada, Page 1150 (Chapter 311, SB 24)ê

 

serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.

      (m) “Nonrestricted license” means a gaming license which is not a restricted gaming license.

 

ARTICLE III. Organization

 

      (a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

      The governing body of the agency shall be constituted as follows:

      (1) California delegation:

      (A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

      (B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California. A member appointed by the Speaker of the Assembly or the Senate Rules Committee may, subject to confirmation by his or her appointing power, designate an alternate to attend meetings and vote in the absence of the appointed member. The designation of a named alternate, which shall be in writing and contain evidence of confirmation by the appointing power, shall be kept on file with the agency. An appointed member may change his or her alternate from time to time, with the confirmation of the appointing power, but shall have only one designated alternate at a time. An alternate shall be subject to those qualifications and requirements prescribed by this compact that are applicable to the appointed member.

      (2) Nevada delegation:

      (A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

      (B) Two members appointed by the governor of Nevada, one member appointed by the speaker of the assembly and one member appointed by the majority leader of the Nevada senate. All members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of Nevada. A member appointed by the speaker of the Nevada assembly or the majority leader of the Nevada senate may, subject to confirmation by his or her appointing power, designate an alternate to attend meetings and vote in the absence of the appointed member. The designation of a named alternate, which shall be in writing and contain evidence of confirmation by the appointing power, shall be kept on file with the agency.


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

ê1997 Statutes of Nevada, Page 1151 (Chapter 311, SB 24)ê

 

and contain evidence of confirmation by the appointing power, shall be kept on file with the agency. An appointed member may change his or her alternate from time to time, with the confirmation of the appointing power, but shall have only one designated alternate at a time. An alternate shall be subject to those qualifications and requirements prescribed by this compact that are applicable to the appointed member.

      (3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.

      (4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

      (5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, “economic interests” means:

      (A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;

      (B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;

      (C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

      (D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

      (b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

      (c) The members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

      (d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held.


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

ê1997 Statutes of Nevada, Page 1152 (Chapter 311, SB 24)ê

 

State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

      (e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

      (f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

      (g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

      (1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.

      (2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

      (3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit.


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

ê1997 Statutes of Nevada, Page 1153 (Chapter 311, SB 24)ê

 

project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

      (h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

      The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

      The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

      The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

      A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

      (i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

      (j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

 


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

ê1997 Statutes of Nevada, Page 1154 (Chapter 311, SB 24)ê

 

ARTICLE IV. Personnel

 

      (a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

      (b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

      (c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

 

ARTICLE V. Planning

 

      (a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

      The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

      If a request is made for the amendment of the regional plan by:

      (1) A political subdivision a part of whose territory would be affected by such amendment; or

      (2) The owner or lessee of real property which would be affected by such amendment, the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.


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

ê1997 Statutes of Nevada, Page 1155 (Chapter 311, SB 24)ê

 

the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

      (b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.

      (c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

      The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

      (1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to, an indication or allocation of maximum population densities and permitted uses.

      (2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

      (A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

      (B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

      The plan shall provide for an appropriate transit system for the region.

      The plan shall give consideration to:

      (A) Completion of the Loop Road in the states of Nevada and California;


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

ê1997 Statutes of Nevada, Page 1156 (Chapter 311, SB 24)ê

 

      (B) Utilization of a light rail mass transit system in the South Shore area; and

      (C) Utilization of a transit terminal in the Kingsbury Grade area.

Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

      (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.

      (4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

      (5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

      In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

      (d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

      The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

      (e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.


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

ê1997 Statutes of Nevada, Page 1157 (Chapter 311, SB 24)ê

 

provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

      (f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.

      (g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

      (h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

      (i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

 

ARTICLE VI. Agency’s Powers

 

      (a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.


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

ê1997 Statutes of Nevada, Page 1158 (Chapter 311, SB 24)ê

 

      The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

      Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

      (b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.

      The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

      Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

      (c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

      (1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

      (2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

      (3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978.


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

ê1997 Statutes of Nevada, Page 1159 (Chapter 311, SB 24)ê

 

greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a “residential unit” means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.

      The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

      1.  City of South Lake Tahoe and El Dorado County (combined)..........               252

      2.  Placer County............................................................................................               278

      3.  Carson City................................................................................................                -0-

      4.  Douglas County........................................................................................               339

      5.  Washoe County........................................................................................               739

      (4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.

      The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

      1.  City of South Lake Tahoe and El Dorado County (combined)..........          64,324

      2.  Placer County............................................................................................          23,000

      3.  Carson City................................................................................................                -0-

      4.  Douglas County........................................................................................          57,354

      5.  Washoe County........................................................................................          50,600

      (5) No structure may be erected to house gaming under a nonrestricted license.

      (6) No facility for the treatment of sewage may be constructed or enlarged except:

      (A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;

      (B) To accommodate development which is not prohibited or limited by this subdivision; or

      (C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a “project”; is not subject to the requirements of Article VII; and does not require a permit from the agency.


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

ê1997 Statutes of Nevada, Page 1160 (Chapter 311, SB 24)ê

 

require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.

      The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

      The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

      (d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

      (1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

      (2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

      (3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.


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

ê1997 Statutes of Nevada, Page 1161 (Chapter 311, SB 24)ê

 

areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

      (e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.

      (f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by subdivision (d):

      (1) The agency’s review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

      (A) Enlarge the cubic volume of the structure;

      (B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

      (C) Convert an area devoted to the private use of guests to an area open to public use;

      (D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

      (E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.

The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

      (2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

      (3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by subdivision (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.


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

ê1997 Statutes of Nevada, Page 1162 (Chapter 311, SB 24)ê

 

maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

      (g) In order to administer and enforce the provisions of subdivisions (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:

      (1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

      (A) The location of its external walls;

      (B) Its total cubic volume;

      (C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

      (D) The amount of surface area of land under the structure; and

      (E) The base area as defined in paragraph (3) of subdivision (f) in square feet existing on or approved before August 4, 1980.

      (2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

      The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

      (h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

      (i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

      (j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:

      (1) This subdivision applies to:

      (A) Actions arising out of activities directly undertaken by the agency.

      (B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

      (C) Actions arising out of any other act or failure to act by any person or public agency.

Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

      (2) Venue lies:

      (A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.


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

ê1997 Statutes of Nevada, Page 1163 (Chapter 311, SB 24)ê

 

      (B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

      (3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, “aggrieved person” means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, “aggrieved person” means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.

      (4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.

      (5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.

      (6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.

      (7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.


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

ê1997 Statutes of Nevada, Page 1164 (Chapter 311, SB 24)ê

 

      (k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.

      (l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.

      (m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.

      (n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.

      (o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.

      (p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.

      (q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

      (a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:

      (1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man’s environment;


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

ê1997 Statutes of Nevada, Page 1165 (Chapter 311, SB 24)ê

 

      (2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:

      (A) The significant environmental impacts of the proposed project;

      (B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;

      (C) Alternatives to the proposed project;

      (D) Mitigation measures which must be implemented to assure meeting standards of the region;

      (E) The relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity;

      (F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and

      (G) The growth-inducing impact of the proposed project;

      (3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;

      (4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the region’s environment; and

      (5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.

      (b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.

      (c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.

      In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.

      (d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:


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

ê1997 Statutes of Nevada, Page 1166 (Chapter 311, SB 24)ê

 

      (1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or

      (2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.

A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.

      (e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.

      (f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.

 

ARTICLE VIII. Finances

 

      (a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.

      (b) The agency may fix and collect reasonable fees for any services rendered by it.

      (c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.

      (d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.


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

ê1997 Statutes of Nevada, Page 1167 (Chapter 311, SB 24)ê

 

      (e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.

 

ARTICLE IX. Transportation District

 

      (a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.

      (b) The business of the district shall be managed by a board of directors consisting of:

      (1) One member of the county board of supervisors of each of the counties of El Dorado and Placer [;] who must be appointed by his respective board of supervisors;

      (2) One member of the city council of the City of South Lake Tahoe [;] who must be appointed by the city council;

      (3) One member each of the board of county commissioners of Douglas County and of Washoe County [;] who must be appointed by his respective board of county commissioners;

      (4) One member of the board of supervisors of Carson City [;] who must be appointed by the board of supervisors;

      (5) One member of the South Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;

      (6) One member of the North Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;

      (7) One member of each local transportation district in the region that is authorized by the State of Nevada or the State of California who must be appointed by his respective transportation district;

      (8) One member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region;

      (9) The director of the California Department of Transportation; and

      [(6)](10) The director of the department of transportation of the State of Nevada.

Any [director] entity that appoints a member to the board of directors, the director of the California Department of Transportation or the director of the department of transportation of the State of Nevada may designate an alternate.

      (c) Before a local transportation district appoints a member to the board of directors pursuant to paragraph (7) of subdivision (b), the local transportation district must enter into a written agreement with the Tahoe transportation district that sets forth the responsibilities of the districts for the establishment of policies and the management of financial matters, including, but not limited to, the distribution of revenue among the districts.


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

ê1997 Statutes of Nevada, Page 1168 (Chapter 311, SB 24)ê

 

      (d) The directors of the California Department of Transportation and the department of transportation of the State of Nevada, or their designated alternates, serve as nonvoting directors, but shall provide technical and professional advice to the district as necessary and appropriate.

      (e) The vote of [at least five] a majority of the directors must agree to take action. If [at least five] a majority of votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.

      [(d)](f) The Tahoe transportation district may by resolution establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities. These procedures must conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the region.

      [(e)](g) The Tahoe transportation district may in accordance with the adopted transportation plan:

      (1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.

      (2) Own and operate support facilities for public and private systems of transportation, including, but not limited to, parking lots, terminals, facilities for maintenance, devices for the collection of revenue and other related equipment.

      (3) Acquire or agree to operate upon mutually agreeable terms any [public] publicly or privately owned transportation system or facility [owned by a county, city or special purpose district or any privately owned transportation system or facility] within the region.

      [(3)](4) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.

      [(4)](5) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.

      [(5)](6) Contract with local governments in the region to operate transportation facilities or provide any of the services necessary to operate a system of transportation for the region.

      (7) Fix the rates and charges for [transit] transportation services provided pursuant to this subdivision.

      [(6)](8) Issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system.

      [(7)](9) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be

graduated in any way, except for a sales and use tax . [which, if] If a sales and use tax is approved by the voters [,] as provided in this paragraph, it may be administered by the states of California and Nevada respectively in accordance with the laws that apply within their respective jurisdictions [.] and must not exceed a rate of 1 percent of the gross receipts from the sale of tangible personal property sold in the district. The district is prohibited from imposing any other tax measured by gross or net receipts on business, an ad valorem tax, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices.


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

ê1997 Statutes of Nevada, Page 1169 (Chapter 311, SB 24)ê

 

from imposing any other tax measured by gross or net receipts on business, an ad valorem tax, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of [a majority of] the voters voting on the proposition [.] who reside in the State of California in accordance with the laws that apply within that state and approval of the voters voting on the proposition who reside in the State of Nevada in accordance with the laws that apply within that state. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.

      [(8)](10) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.

      [(f)](h) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

      (a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.

      (b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.

      (c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.

      (d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.

      Sec. 3.  The secretary of state shall transmit a certified copy of this act to the governor of the State of California, and two certified copies of this act to the secretary of state of the State of California for delivery to the respective houses of its legislature. The director of the legislative counsel bureau shall transmit copies of this act to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives, and to all members of Nevada’s congressional delegation.


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

ê1997 Statutes of Nevada, Page 1170 (Chapter 311, SB 24)ê

 

States as presiding officer of the Senate, to the Speaker of the House of Representatives, and to all members of Nevada’s congressional delegation.

      Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

      2.  Section 1 of this act:

      (a) Becomes effective upon proclamation by the governor of this state of the enactment by the State of California of amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act, unless the amendments proposed to the Tahoe Regional Planning Compact by chapter 22, Statutes of Nevada 1987, at page 28, have been approved by the Congress of the United States before the governor issues his proclamation; and

      (b) Expires by limitation upon approval by the Congress of the United States of the amendments proposed to the Tahoe Regional Planning Compact by chapter 22, Statutes of Nevada 1987, at page 28.

      3.  Section 2 of this act becomes effective upon proclamation by the governor of this state of:

      (a) The enactment by the State of California of amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 2 of this act; and

      (b) The approval by the Congress of the United States of the amendments proposed to the Tahoe Regional Planning Compact by chapter 22, Statutes of Nevada 1987, at page 28.

________

 

CHAPTER 312, SB 53

Senate Bill No. 53–Committee on Human Resources and Facilities

CHAPTER 312

AN ACT relating to the bureau of services to the blind; changing the name of the bureau to include the visually impaired; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 426.045 is hereby amended to read as follows:

      426.045  “Bureau” means the bureau of services to the blind and visually impaired in the division.

      Sec. 2.  NRS 232.920 is hereby amended to read as follows:

      232.920  The director:

      1.  Shall:

      (a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department;

      (b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and


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

ê1997 Statutes of Nevada, Page 1171 (Chapter 312, SB 53)ê

 

      (c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.

      2.  Is responsible for the administration, through the divisions of the department, of the provisions of chapters 426, 426A, 458, 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as specifically provided by law.

      3.  Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind [,] and visually impaired, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists which prohibits a consolidated plan.

      4.  In developing and revising state plans pursuant to subsection 3, shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for the programs.

      5.  May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the department.

      Sec. 3.  NRS 232.940 is hereby amended to read as follows:

      232.940  The rehabilitation division of the department consists of the following bureaus:

      1.  Bureau of services to the blind [.] and visually impaired.

      2.  Bureau of alcohol and drug abuse.

      3.  Bureau of vocational rehabilitation.

      Sec. 4.  NRS 281.210 is hereby amended to read as follows:

      281.210  1.  Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the University and Community College System of Nevada, any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University and Community College System of Nevada, any relative of such a person or of any member of such a board, agency or commission who is within the third degree of consanguinity or affinity.

      2.  This section does not apply:

      (a) To school districts, when the teacher or other school employee is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the state department of education.


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

ê1997 Statutes of Nevada, Page 1172 (Chapter 312, SB 53)ê

 

      (b) To school districts, when the teacher or other school employee has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.

      (c) To the spouse of the warden of an institution or manager of a facility of the department of prisons.

      (d) To the spouse of the superintendent of the Caliente youth center.

      (e) To relatives of blind officers and employees of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation when those relatives are employed as automobile drivers for those officers and employees.

      3.  Nothing in this section:

      (a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for the service is met out of the personal money of the officer.

      (b) Disqualifies any widow with a dependent as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.

      4.  A person employed contrary to the provisions of this section must not be compensated for the employment.

      5.  Any person violating any provisions of this section is guilty of a gross misdemeanor.

      Sec. 5.  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 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;

      (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;


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

ê1997 Statutes of Nevada, Page 1173 (Chapter 312, SB 53)ê

 

      (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 and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation, regardless of whether 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;

      (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 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.

      Sec. 6.  NRS 361.159 is hereby amended to read as follows:

      361.159  1.  Except as otherwise provided in subsection 3, when personal property, or a portion of personal property, which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such 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 to 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.  Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property.


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

ê1997 Statutes of Nevada, Page 1174 (Chapter 312, SB 53)ê

 

become a lien against the personal 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.

      3.  The provisions of this section do not apply to personal property:

      (a) Used in vending stands operated by blind persons under the auspices of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation.

      (b) Owned by a public airport.

      Sec. 7.  This act becomes effective upon passage and approval.

      Sec. 8.  The legislative counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to “the bureau of services to the blind” to “the bureau of services to the blind and visually impaired.”

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to “the bureau of services to the blind” to “the bureau of services to the blind and visually impaired.

________

 

CHAPTER 313, SB 128

Senate Bill No. 128–Senator Jacobsen

CHAPTER 313

AN ACT relating to concealed firearms; enacting provisions governing the confidentiality and release of certain information regarding permits to carry concealed firearms and the applicants for and holders of such permits; revising the provisions governing courses in firearm safety that are required to obtain a permit to carry a concealed firearm; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section:

      (a) An application for a permit, and all information contained within that application; and

      (b) All information provided to a sheriff or obtained by a sheriff in the course of his investigation of an applicant,

are confidential.

      2.  Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.

      3.  Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.


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ê1997 Statutes of Nevada, Page 1175 (Chapter 313, SB 128)ê

 

including, but not limited to, the number of applications received and permits issued, may be released to any person.

      Sec. 2.  NRS 202.3653 is hereby amended to read as follows:

      202.3653  As used in NRS 202.3653 to 202.369, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

      2.  “Department” means the department of motor vehicles and public safety.

      3.  “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

      Sec. 3.  NRS 202.3657 is hereby amended to read as follows:

      202.3657  1.  Any person may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the department. Application forms for permits must be furnished by the sheriff of each county upon request.

      2.  Except as otherwise provided in this section, the sheriff shall issue a permit for no more than two specific firearms to any person who is qualified to possess a firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:

      (a) Is a resident of this state;

      (b) Is 21 years of age or older;

      (c) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

      (d) Demonstrates competence with a firearm by presenting a certificate or other documentation to the sheriff which shows that he:

             (1) Successfully completed a course in firearm safety approved by [the sheriff issuing the permit;] a sheriff in this state; or

             (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Such a course must include instruction in the use of each firearm to which the application pertains and in the laws of this state relating to the proper use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association, or if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.

      3.  The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:

      (a) Has an outstanding warrant for his arrest.

      (b) Has been judicially declared incompetent or insane.

      (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

      (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:

 


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ê1997 Statutes of Nevada, Page 1176 (Chapter 313, SB 128)ê

 

paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:

             (1) Convicted of violating the provisions of NRS 484.379; or

             (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

      (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

      (f) Has been convicted of a felony in this state or under the laws of any state, territory or possession of the United States.

      (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

      (h) Is currently on parole or probation from a conviction obtained in this state or in any other state or territory or possession of the United States.

      (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this state or of any other state or territory or possession of the United States, as a condition to the court’s:

             (1) Withholding of the entry of judgment for his conviction of a felony; or

             (2) Suspension of his sentence for the conviction of a felony.

      (j) Has made a false statement on any application for a permit or for the renewal of a permit.

      4.  The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

      5.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of his application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.

      6.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:


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ê1997 Statutes of Nevada, Page 1177 (Chapter 313, SB 128)ê

 

      (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

      (b) A complete set of the applicant’s fingerprints taken by the sheriff or his agent;

      (c) A front-view colored photograph of the applicant taken by the sheriff or his agent;

      (d) The applicant’s driver’s license number or identification card number issued by the department;

      (e) The make, model and caliber of each firearm to which the application pertains;

      (f) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

      (g) A nonrefundable fee set by the sheriff not to exceed $60.

      Sec. 4.  The amendatory provisions of section 3 of this act do not apply to a person who, before October 1, 1997, successfully completes a course in firearm safety approved by the sheriff who is issuing the permit.

      Sec. 5.  1.  This section and sections 1 and 2 of this act become effective upon passage and approval.

      2.  Sections 3 and 4 of this act become effective on October 1, 1997.

________

 

CHAPTER 314, SB 133

Senate Bill No. 133–Committee on Judiciary

CHAPTER 314

AN ACT relating to crimes; removing the requirement that a court grant probation to a person who is convicted of committing a category E felony under certain circumstances; providing a fine that may be imposed for attempting to commit certain crimes; revising the penalties for certain felonies; providing a greater penalty for committing a battery with a deadly weapon which results in substantial bodily harm; clarifying that a trial judge may not dismiss a count of habitual felon or habitually fraudulent felon; providing that a court may impose an adjudication of habitual criminality, habitual felon or habitually fraudulent felon based upon the stipulation of the parties; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 193.130 is hereby amended to read as follows:

      193.130  1.  Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.


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ê1997 Statutes of Nevada, Page 1178 (Chapter 314, SB 133)ê

 

      2.  Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:

      (a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.

      (b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.

      (c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.

      (d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.

      (e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of 1 year and a maximum term of 4 years. [Upon] Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176.185, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.

      Sec. 2.  NRS 193.330 is hereby amended to read as follows:

      193.330  1.  An act done with the intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime. A person who attempts to commit a crime, unless a different penalty is prescribed by statute, shall be punished as follows:

      (a) If the person is convicted of:

             (1) Attempt to commit a category A felony, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

             (2) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is greater than 10 years, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.

             (3) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is 10 years or less, for a category C felony as provided in NRS 193.130.

             (4) Attempt to commit a category C felony, for a category D felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year [.] , or by a fine of not more than $2,000, or by both fine and imprisonment.


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ê1997 Statutes of Nevada, Page 1179 (Chapter 314, SB 133)ê

 

             (5) Attempt to commit a category D felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year [.] , or by a fine of not more than $2,000, or by both fine and imprisonment.

             (6) Attempt to commit a category E felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year [.] , or by a fine of not more than $2,000, or by both fine and imprisonment.

      (b) If the person is convicted of attempt to commit a misdemeanor, a gross misdemeanor or a felony for which a category is not designated by statute, by imprisonment for not more than one-half the longest term authorized by statute, or by a fine of not more than one-half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both fine and imprisonment.

      2.  Nothing in this section protects a person who, in an unsuccessful attempt to commit one crime, does commit another and different one, from the punishment prescribed for the crime actually committed. A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court in its discretion discharges the jury and directs the defendant to be tried for the crime itself.

      Sec. 3.  NRS 200.366 is hereby amended to read as follows:

      200.366  1.  A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the [victim’s] will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.

      2.  Except as otherwise provided in subsection 3, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

      (a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

             (3) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.

      (b) If no substantial bodily harm to the victim results [:

             (1) By] , by imprisonment in the state prison [for] :

             (1) For life, with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (2) [By imprisonment in the state prison for] For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

      (a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.


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ê1997 Statutes of Nevada, Page 1180 (Chapter 314, SB 133)ê

 

      (b) If the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison [for:

             (1) Life] :

             (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

             (2) For a definite term of [not less than 5 years nor more than 20 years, without the possibility of parole.] 20 years, with eligibility for parole beginning when a minimum of 5 years has been served.

      Sec. 4.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility; or

             (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing, with whom he had or is having a dating relationship or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

      (c) If the battery is committed upon an officer, school employee or transit operator and:

             (1) The officer, school employee or transit operator was performing his duty;


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ê1997 Statutes of Nevada, Page 1181 (Chapter 314, SB 133)ê

 

             (2) The officer, school employee or transit operator suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer, school employee or transit operator,

for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (d) If the battery is committed upon an officer, school employee or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

      (e) If the battery is committed with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      (g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, [whether or not] and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

             (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

      Sec. 5.  NRS 202.300 is hereby amended to read as follows:

      202.300  1.  Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

      2.  A person who aids or knowingly permits a child to violate subsection 1:

      (a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.


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ê1997 Statutes of Nevada, Page 1182 (Chapter 314, SB 133)ê

 

      (b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony [.] and shall be punished as provided in NRS 193.130.

      (c) For a second or any subsequent offense, is guilty of a category B felony [.] and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.  A person does not aid or knowingly permit a child to violate subsection 1 if:

      (a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;

      (b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;

      (c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or

      (d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his official duties.

      4.  The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.

      5.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his possession a valid license to hunt, may handle or have in his possession or under his control, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him:

      (a) A rifle or shotgun that is not a fully automatic firearm , if [,] the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun; or

      (b) A firearm capable of being concealed upon the person, if the child has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,

and the child is traveling to the area in which he will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.

      6.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun and the child is:

      (a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;

      (b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;


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

ê1997 Statutes of Nevada, Page 1183 (Chapter 314, SB 133)ê

 

      (c) Participating in a lawfully organized competition or performance involving the use of a firearm;

      (d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and he is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;

      (e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;

      (f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or

      (g) At his residence.

      7.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child:

      (a) Has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm for the purpose of engaging in such an activity; and

      (b) Is not otherwise prohibited by law from possessing such a firearm.

      8.  A child shall not handle or have in his possession or under his control a loaded firearm if he is:

      (a) An occupant of a motor vehicle;

      (b) Within any residence, including his residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or

      (c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless he is within a facility licensed for target practice.

      9.  [A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this section becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

      10.] For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      Sec. 6.  NRS 202.310 is hereby amended to read as follows:

      202.310  [1.]  Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony [.


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

ê1997 Statutes of Nevada, Page 1184 (Chapter 314, SB 133)ê

 

child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony [.

      2.  A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this section becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      Sec. 7.  NRS 205.100 is hereby amended to read as follows:

      205.100  1.  Every person who makes, passes, utters or publishes, with an intention to defraud any person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention attempts to pass, utter or publish any fictitious bill, note or check purporting to be the bill, note or check, or other instrument in writing, for the payment of money or property of some bank, corporation, copartnership or individual, when in fact there is no such bank, corporation, copartnership or individual in existence, the person knowing the bill, note, check or instrument in writing for the payment of money or property or any labor claim or claims to be fictitious, is guilty of forgery, and shall be punished [by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] as provided in NRS 205.090.

      2.  Whenever the note, bill, check or other instrument in writing is drawn upon any bank, proof that the purported drawer had no account at the bank shall be deemed sufficient evidence to sustain the allegation of the nonexistence of the drawer of such instrument.

      Sec. 8.  NRS 207.010 is hereby amended to read as follows:

      207.010  1.  Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this state of:

      (a) Any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been two times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, is a habitual criminal and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years.

      (b) Any felony , [involving the use or threatened use of force or violence against the victim,] who has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or the intent to defraud is an element, is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison:

 


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ê1997 Statutes of Nevada, Page 1185 (Chapter 314, SB 133)ê

 

larceny, or of any misdemeanor or gross misdemeanor of which fraud or the intent to defraud is an element, is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  It is within the discretion of the prosecuting attorney whether to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.

      Sec. 9.  NRS 207.012 is hereby amended to read as follows:

      207.012  1.  A person who:

      (a) Has been convicted in this state of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this state would be a felony listed in subsection 2, whether the prior convictions occurred in this state or elsewhere,

is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 4 of NRS 200.460, NRS 200.465, subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      Sec. 10.  NRS 207.014 is hereby amended to read as follows:

      207.014  1.  A person who:

      (a) Has been convicted in this state of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and

      (b) Has previously been two times convicted, whether in this state or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a) of this subsection, is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was 65 years of age or older or a mentally disabled person.


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ê1997 Statutes of Nevada, Page 1186 (Chapter 314, SB 133)ê

 

is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was 65 years of age or older or a mentally disabled person.

      2.  The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:

      (a) Sixty-five years of age or older; or

      (b) A mentally disabled person.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      4.  As used in this section, “mentally disabled person” means a person who has a mental impairment which is medically documented and substantially limits one or more of the person’s major life activities. The term includes, but is not limited to, a person who:

      (a) Is mentally retarded;

      (b) Suffers from a severe mental or emotional illness;

      (c) Has a severe learning disability; or

      (d) Is experiencing a serious emotional crisis in his life as a result of the fact that he or a member of his immediate family has a catastrophic illness.

      Sec. 11.  NRS 207.016 is hereby amended to read as follows:

      207.016  1.  A conviction [under] pursuant to NRS 207.010, 207.012 or 207.014 operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.

      2.  If a count [under] pursuant to NRS 207.010, 207.012 or 207.014 is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count [under] pursuant to NRS 207.010, 207.012 or 207.014 may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.

      3.  If a defendant charged [under] pursuant to NRS 207.010, 207.012 or 207.014 pleads guilty or guilty but mentally ill to, or is found guilty of, the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:

      (a) [Under] Pursuant to NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;

      (b) [Under] Pursuant to NRS 207.012 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or


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ê1997 Statutes of Nevada, Page 1187 (Chapter 314, SB 133)ê

 

      (c) [Under] Pursuant to NRS 207.014 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.

      4.  Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.

      5.  For the purposes of NRS 207.010, 207.012 and 207.014, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

      6.  Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 prohibits a court from imposing an adjudication of habitual criminality, adjudication of habitual felon or adjudication of habitually fraudulent felon based upon a stipulation of the parties.

      Sec. 12.  NRS 176.035 is hereby amended to read as follows:

      176.035  1.  Except as otherwise provided in subsection 2, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentences subsequently pronounced run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections 2 and 3, if the court makes no order with reference thereto, all such subsequent sentences run concurrently.

      2.  Except as otherwise provided in this subsection, whenever a person under sentence of imprisonment for committing a felony commits another crime constituting a felony and is sentenced to another term of imprisonment for that felony, the latter term must not begin until the expiration of all prior terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof.

      3.  Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced runs concurrently or consecutively with the one first imposed.

      4.  Whenever a person under sentence of imprisonment commits another crime for which the punishment is death, the sentence must be executed without reference to the unexpired term of imprisonment.

      5.  This section does not prevent the state board of parole commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.

      Sec. 13.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Except as otherwise provided in this section, [whenever] if a person is found guilty in a district court [of a crime] upon verdict or plea [, except in cases of murder] of:

      (a) Murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or [where] if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court [:


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ê1997 Statutes of Nevada, Page 1188 (Chapter 314, SB 133)ê

 

      (a) If the person is found guilty of a] shall not suspend the execution of the sentence imposed or grant probation to the person.

      (b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person . [pursuant to NRS 193.130; or

      (b) If the person is found guilty of any other] The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time the crime was committed, the person:

             (1) Was serving a term of probation, whether in this state or elsewhere, for a felony conviction;

             (2) Had previously had his probation revoked, whether in this state or elsewhere, for a felony conviction; or

             (3) Had previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.

If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this subparagraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

      (c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.

      2.  In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176.1851 to 176.18525, inclusive.

      3.  The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

      4.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

      5.  The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 45 days the district judge may grant probation without the written report.

      6.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.


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ê1997 Statutes of Nevada, Page 1189 (Chapter 314, SB 133)ê

 

consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 14.  NRS 213.1243 is hereby amended to read as follows:

      213.1243  1.  The board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

      2.  Lifetime supervision shall be deemed a form of parole for the limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110.

      3.  A person who violates a condition imposed on him pursuant to the program of lifetime supervision is guilty of a category B felony [.

      4.  A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this subsection becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  NRS 453.3363 is hereby amended to read as follows:

      453.3363  1.  If a person who has not previously been convicted of any offense [under] pursuant to NRS 453.011 to 453.552, inclusive, or [under] pursuant to any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge [under] pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

      2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section [under] pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the department of prisons.

      3.  Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the division of parole and probation of the department of motor vehicles and public safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.


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ê1997 Statutes of Nevada, Page 1190 (Chapter 314, SB 133)ê

 

safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

      [3.] 4.  Except as otherwise provided in subsection [4,] 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

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

      Sec. 17.  NRS 616B.374 is hereby amended to read as follows:

      616B.374  1.  Except as otherwise provided in this section, a person shall not advertise or offer for sale in this state any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless he has obtained a solicitor’s permit from the commissioner.

      2.  To obtain a solicitor’s permit, a person must file a written application with the commissioner. The application must include:

      (a) The name, type and purposes of the association formed or proposed to be formed or financed;

      (b) The name, residential address, business, professional or employment experience for the preceding 10 years and qualifications of each person associated or to be associated as director, promoter, manager, member of the board or in other similar capacity in the association, or in the formation of the proposed association or in the proposed financing, together with the fingerprints of each person so associated or to be associated, on forms furnished by the commissioner;

      (c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;

      (d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated;

      (e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred;

      (f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor;


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ê1997 Statutes of Nevada, Page 1191 (Chapter 314, SB 133)ê

 

      (g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used;

      (h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and

      (i) Such additional pertinent information as the commissioner may reasonably require.

      3.  The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted. A solicitor must submit this fee each year thereafter if he continues to recruit new members for an association.

      4.  A person who violates subsection 1 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment.] as provided in NRS 193.130.

      5.  The provisions of this section do not apply to:

      (a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or

      (b) A person who is employed by:

             (1) Current members of an association; or

             (2) Employers that are considering membership in an association,

whose primary duties do not include solicitation of potential members of the association.

      Sec. 18.  NRS 616D.200 is hereby amended to read as follows:

      616D.200  1.  If the manager finds that an employer within the provisions of NRS 616B.633:

      (a) Has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS; or

      (b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years.

      2.  The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager’s determination may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

      3.  Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:

      (a) For the first offense, guilty of a gross misdemeanor.

      (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony [, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.]


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ê1997 Statutes of Nevada, Page 1192 (Chapter 314, SB 133)ê

 

sentence pursuant to chapter 209 of NRS.] and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

      Sec. 19.  NRS 638.1525 is hereby amended to read as follows:

      638.1525  1.  Except as otherwise provided in NRS 41.500, a person licensed pursuant to the provisions of this chapter shall not provide medical assistance, treatment or counsel to a human being. Such conduct is a ground for disciplinary action.

      2.  The board shall immediately suspend the license of a person who violates the provisions of this section.

      3.  Any person who violates the provisions of this section is guilty of a category D felony and shall be punished [by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] as provided in NRS 193.130.

      4.  The board may report an alleged violation of this section to the attorney general or any district attorney. Upon receiving a report from the board, the attorney general or district attorney shall institute necessary proceedings in a court of competent jurisdiction against the person responsible for the alleged violation of this section.

      Sec. 20.  Section 104 of chapter 580, Statutes of Nevada 1995, at page 2032, is hereby amended to read as follows:

       Sec. 104.  NRS 616D.200 is hereby amended to read as follows:

       616D.200  1.  If the [manager] administrator finds that an employer within the provisions of NRS 616B.633:

       (a) Has failed to provide and secure compensation as required by the terms of this chapter; or

       (b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon based on any information that is within his possession or that may come within his possession and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers’ claim fund.

       2.  [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession.

 

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