[Rev. 7/31/2013 3:40:28 PM]

Link to Page 1670

 

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

ê1985 Statutes of Nevada, Page 1671 (Chapter 553, SB 272)ê

 

      (c) Return to the purchasers any money or property which he acquired through such violations.

The terms of such an agreement are confidential unless violated by the developer.

      6.  As used in this section, “blanket encumbrance’ means a mortgage, deed of trust, option to purchase, mechanic’s lien, vendor’s lien or interest under a contract or agreement of sale, judgment lien, federal or state tax lien, or other lien or encumbrance which secures or evidences the obligation to pay money or to sell or convey any property made available to purchasers by the developer, or any portion thereof, and which authorizes, permits or requires the foreclosure or other disposition of the property affected, except a lien for taxes or assessments levied by a public authority which are not yet due.

      Sec. 42.  1.  Whenever the administrator believes that any person has violated any order, regulation, permit, decision, demand or requirement, or any of the provisions of this chapter, he may bring an action in the district court in the county in which the person resides or maintains his principal place of business or, if the person resides outside the state, in any court of competent jurisdiction within or outside the state, against the person to enjoin him from continuing the violation.

      2.  The administrator may intervene in any action involving a membership or a program for the exchange of rights of occupancy, if intervention is necessary in the public interest and for the protection of the members.

      Sec. 43.  The real estate commission may take action pursuant to NRS 645.630 against any broker who fails to supervise adequately the conduct of any person engaged in the sale of memberships offered pursuant to the provisions of this chapter.

      Sec. 44.  (Deleted by amendment.)

      Sec. 45.  Any person who willfully submits, in the application for a permit to sell contracts of membershp, any materially false or misleading information or fails to submit an annual report on a program for the exchange of occupancy rights among members is guilty of a misdemeanor.

      Sec. 46.  1.  It is unlawful for any person to use false or misleading information to advertise the sale of contracts of membership.

      2.  Unless a person has actual knowledge of the false or misleading information, the owner, publisher, licensee or operator of any newspaper, magazine, television or radio broadcasting station or his agents or employees are not liable under this chapter for any advertising of any contract for membership carried in the newspaper, magazine or by the television or radio broadcasting station nor are any of them liable under this chapter for the contents of any advertisement.

      Sec. 47.  Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any campground or developer which is subject to the requirements of sections 2 to 46, inclusive, of this act, and complies with those provisions is not required to comply with the provisions of this chapter.


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

ê1985 Statutes of Nevada, Page 1672 (Chapter 553, SB 272)ê

 

      Sec. 48.  Chapter 119A of NRS is hereby amended by adding thereto a new section to read as follows:

      Any campground or developer which is subject to the requirements of sections 2 to 46, inclusive, of this act, and complies with those provisions is not required to comply with the provisions of this chapter.

      Sec. 49.  NRS 119A.230 is hereby amended to read as follows:

      119A.230  1.  The administrator may suspend, revoke or reissue, subject to conditions, any sales agent’s license issued under the provisions of this chapter at any time if the sales agent has, by false or fraudulent application or representation, obtained a license or, whether or not acting as a sales agent, if found guilty of:

      (a) Making any material misrepresentation;

      (b) Making any false promises of a character likely to influence, persuade or induce;

      (c) Engaging in any fraudulent, misleading or oppressive sales techniques or tactics;

      (d) Accepting a commission or valuable consideration as a sales agent for the performance of any of the acts specified in this chapter from any person except a licensed project broker with whom the sales agent is associated or the developer by whom he is employed; [or]

      (e) Failing, within a reasonable time, to account for or remit or turn over to the project broker any money which comes into his possession and which belongs to others [.] ; or

      (f) Violating any of the provisions of this chapter or sections 2 to 46, inclusive, of this act or of any regulation adopted pursuant to either chapter, or willfully aiding or a betting another to do so.

      2.  The administrator may investigate the actions of any sales agent or any person who acts in such a capacity within the State of Nevada.

      3.  The administrator may refer any complaint for the revocation or suspension of a sales agent’s license to the real estate commission or to a hearing officer designated by the director of the department of commerce. The real estate commission or the hearing officer shall report its findings and recommendations to the administrator.

      Sec. 50.  NRS 645.633 is hereby amended to read as follows:

      645.633  The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

      1.  Willfully using any trade name, service mark or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

      2.  Violating any of the provisions of this chapter, chapter 119 of NRS or sections 2 to 46, inclusive, of this act or of any regulation adopted under [either chapter.] any of these chapters.

      3.  Paying a commission or compensation to any person for performing the services of a broker, broker-salesman or salesman who has not first secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.


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

ê1985 Statutes of Nevada, Page 1673 (Chapter 553, SB 272)ê

 

      4.  A felony, or has entered a plea of guilty to a charge of felony.

      5.  Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

      6.  Failure to disclose to any person with whom he is dealing, any material facts, data or information which he knew, or which by the exercise of reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.

      7.  Failure to include a fixed date of expiration in any written listing agreement or to leave a copy of the agreement with the principal.

      8.  Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a principal.

      9.  Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter [.] , chapter 119 or 119A of NRS, or sections 2 to 46, inclusive, of this act.

      10.  Any other conduct which constitutes improper, fraudulent or dishonest dealing.

      11.  Any conduct which took place before his being licensed, which was in fact unknown to the commission and which would have been grounds for denial of a license had the commission been aware of the conduct.

      12.  Acting in the dual capacity of agent and undisclosed principal in any transaction.

      Sec. 51.  Section 16 of Senate Bill No. 334 of this session is hereby amended to read as follows:

       Sec. 16.  NRS 119A.230 is hereby amended to read as follows:

       119A.230  1.  The administrator may impose a fine or suspend, revoke or reissue, subject to conditions, any sales agent’s license under the provisions of this chapter at any time if the sales agent has, by false or fraudulent application or representation, obtained a license or, whether or not acting as a sales agent, is found guilty of:

       (a) Making any material misrepresentation;

       (b) Making any false promises of a character likely to influence, persuade or induce;

       (c) Engaging in any fraudulent, misleading or oppressive sales techniques or tactics;

       (d) Accepting a commission or valuable consideration as a sales agent for the performance of any of the acts specified in this chapter from any person except a licensed project broker with whom the sales agent is associated or the developer by whom he is employed;

       (e) Failing, within a reasonable time, to account for or remit or turn over to the project broker any money which comes into his possession and which belongs to others; [or]

       (f) Violating any of the provisions of this chapter or sections 2 to 46, inclusive, of Senate Bill No.


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

ê1985 Statutes of Nevada, Page 1674 (Chapter 553, SB 272)ê

 

46, inclusive, of Senate Bill No. 272 of this session or of any regulation adopted pursuant to either chapter, or willfully aiding or abetting another to do so [.] ; or

       (g) A felony or other crime of moral turpitude or has entered a plea of nolo contendere to a felony or other crime of moral turpitude.

       2.  The administrator may investigate the actions of any sales agent or any person who acts in such a capacity within the State of Nevada.

       3.  The administrator may refer any complaint for the revocation or suspension of a sales agent’s license to the real estate commission or to a hearing officer designated by the director of the department of commerce. The real estate commission or the hearing officer shall report its findings and recommendations to the administrator.

      Sec. 52.  1.  The provisions of section 40 of this act do not apply to any campground for which, as of April 1, 1985, memberships have been sold or offered for sale in this state if, within 90 days after the effective date of this act, the developer of the campground submits to the real estate division of the department of commerce, supported by satisfactory proof, the following information:

      (a) A description and location of the campground;

      (b) The number of campsites in the campground and the number of memberships sold;

      (c) The nature and extent of the developer’s promotional plan; and

      (d) The nature and extent of the financing committed for the campground as of April 1, 1985.

      2.  The division, if good cause is shown, may grant an extension to the developer, but all information required by subsection 1 must be received by December 31, 1985.

      3.  The developer shall submit an application for a permit pursuant to section 20 of this act within 90 days after the division’s acknowledgment of the receipt of the information required by subsection 1.

      Sec. 53.  A person acting as a sales agent before the effective date of this act shall submit an application for licensing pursuant to the provisions of chapter 119A of NRS within 90 days after the effective date of this act, unless he is licensed under the provisions of that chapter or chapter 645 of NRS. He may continue to act as a sales agent until he has been notified by the real estate division of the department of commerce of the denial of his application.

      Sec. 54.  This act becomes effective upon passage and approval.

 

________


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

ê1985 Statutes of Nevada, Page 1675ê

 

CHAPTER 554, AB 718

Assembly Bill No. 718–Committee on Natural Resources, Agriculture and Mining

CHAPTER 554

AN ACT relating to the conservation of oil and gas; providing a penalty for refusal to pool interests in oil and gas; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 522.060 is hereby amended to read as follows:

      522.060  1.  For the prevention of waste, to protect and enforce the correlative rights of lessees in a pool, and to avoid the [augmenting] augmentation and accumulation of risks arising from the drilling of an excessive number of wells, or the reduced recovery which might result from too small a number of wells, the department shall, after a hearing, establish a drilling unit or units for each pool. The establishment of a unit for gas must be limited to the production of gas.

      2.  Each well permitted [to be drilled] on a drilling unit must be drilled under such regulations and in accordance with such a spacing pattern as the department prescribes for the pool in which the well is located. Exceptions to the regulations and spacing pattern may be granted where it is shown, after notice and hearing, that the unit is partly outside the pool, or for some other reason [,] a well so located on the unit would be nonproductive, or topographical conditions are such as to make the drilling at such a location unduly burdensome. If an exception is granted, the department shall [take such action as will] offset any advantage which the person securing the exception may have over other producers [by reason of the drilling of the well as an exception, and so that] and shall prevent or minimize drainage from developed units to the tract [with respect] to which the exception is granted . [will be prevented or minimized, and the] The producer of the well drilled as an exception [will] must be allowed to produce no more than a just and equitable share of the oil and gas in the pool.

      3.  When two or more separately owned tracts of land are [embraced] within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. If those persons do not agree to pool their interests, the department may, for the prevention of waste, for the protection of correlative rights, or to avoid the drilling of unnecessary wells, enter an order pooling and integrating their interests for the development of their lands as a drilling unit. Orders effectuating such pooling must be made after notice and hearing, and must be upon terms and conditions which will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense. Operations incident to the drilling of a well upon any portion of a unit covered by a pooling order shall be deemed for all purposes to be the conduct of the operation upon each separately owned tract in the unit by the several lessees thereof.


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

ê1985 Statutes of Nevada, Page 1676 (Chapter 554, AB 718)ê

 

purposes to be the conduct of the operation upon each separately owned tract in the unit by the several lessees thereof. The portion of the production allocated to the lessee of each tract included in a drilling unit formed by a pooling order shall, when produced, be considered as if it had been produced from the tract by a well drilled thereon.

      4.  If the pooling is effectuated, the cost of development and operation of the pooled unit chargeable by the operator to the other interested lessees is limited to the actual and reasonable expenditures required for that purpose, including a reasonable charge for supervision. As to lessees who refuse to agree upon pooling, the order must provide for reimbursement for 300 percent of the costs chargeable to each lessee out of, and only out of, production from the unit belonging to the lessee. In the event of a dispute relative to those costs, the department shall, upon notice to all interested parties and hearing thereon, determine the proper costs. Appeals may be taken from [such] the determination as from any other order of the department. If one or more of the lessees drill and operate, or pay the expense of drilling and operating, the well for the benefit of others, then in addition to any other right conferred by the pooling order, the lessee or lessees so drilling or operating have a lien on the share of production from the unit accruing to the interest of each of the other lessees for the payment of his proportionate share of the expenses. All the oil and gas subject to the lien, or so much thereof as is necessary, must be marketed and sold by the creditor, and the proceeds applied in payment of the expenses secured by the lien, with the balance, if any, payable to the debtor.

      5.  The department shall, in all instances where a unit has been formed out of lands or areas of more than one ownership, require the operator, upon request of a lessee, but subject to the right of the operator to market production and collect the proceeds with respect to a lessee in default, as provided in subsection 4, to deliver to the lessee or his assigns his proportionate share of the production from the well common to the drilling unit. The lessee receiving his share shall provide at his own expense proper receptacles for the receipt and storage thereof.

      6.  If the persons owning the drilling or other rights in separate tracts embraced within a drilling unit fail to agree upon the pooling of the tracts and the drilling of a well on the unit, and if the department is without authority to require pooling as provided by this section, then subject to all other applicable provisions of this chapter, the lessee of each tract embraced within the drilling unit may drill on his tract, but the allowable production from the tract is such a proportion of the allowable production for the full drilling unit as the area of the separately owned tract bears to the full drilling unit.

 

________


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

ê1985 Statutes of Nevada, Page 1677ê

 

CHAPTER 555, AB 598

Assembly Bill No. 598–Committee on Commerce

CHAPTER 555

AN ACT relating to installment loans; allowing a loan for an indefinite term; providing procedures for payment on that loan; providing for charges and interest on that loan; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 675 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  A licensee may make a loan for an indefinite term under a written agreement between the licensee and the borrower. Pursuant to this agreement:

      1.  The borrower may obtain cash advances from the licensee periodically by a check, draft, credit card or any other means or the licensee may pay out money at the borrower’s direction or on his behalf;

      2.  An open end account must be established for the borrower and the amount of each cash advance made to the borrower and any interest, charges and other costs must be debited to that account and any payments on the loan or other credits must be credited to that account;

      3.  The interest and other charges must be computed periodically on the unpaid balance in the borrower’s account; and

      4.  The borrower may pay his account in full at any time without a penalty for prepayment, or if the account is not in default, in monthly installments of fixed or determinable amounts as provided in the agreement.

      Sec. 3.  1.  Under an agreement for a loan for an indefinite term, the licensee may receive interest in any amount or at any annual rate provided in the agreement. This interest must be calculated for each billing cycle in either of the following ways:

      (a) By multiplying the daily rate by the daily unpaid balance in the account. The daily rate is determined by dividing the annual rate of interest fixed by the agreement by 365. The daily unpaid balance is determined by adding to any balance remaining unpaid as of the beginning of each day any advances and any appropriate charges, including interest, and by deducting therefrom any payments or other credits made or received on that day.

      (b) By multiplying the monthly rate by the average unpaid daily balance in the account for that billing cycle. The monthly rate is determined by dividing the annual rate of interest by 12. The average unpaid daily balance is determined by dividing the sum of all of the daily unpaid balances during the billing cycle by the number of days in the cycle.

      2.  Unless otherwise provided in the agreement, the billing cycle must be monthly. A billing cycle is monthly if the closing date of the cycle is the same date each month or does not vary by more than 4 days from that date.


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

ê1985 Statutes of Nevada, Page 1678 (Chapter 555, AB 598)ê

 

cycle is the same date each month or does not vary by more than 4 days from that date.

      Sec. 4.  In addition to the interest allowed pursuant to section 3 of this act, a licensee may, pursuant to the agreement for a loan for an indefinite term, receive from the borrower or add to the unpaid balance in that borrower’s account:

      1.  Any fees imposed on the licensee pursuant to this chapter;

      2.  Any charge for insurance under NRS 675.300;

      3.  A charge not exceeding 25 cents for each transaction in which a loan or advance is made pursuant to the agreement or an annual fee for the use of an open end account in an amount not to exceed $20;

      4.  If the interest calculated for any billing cycle pursuant to section 3 of this act is less than 50 cents:

      (a) For a billing cycle which is monthly or longer, a charge in an amount not exceeding 50 cents; or

      (b) For a billing cycle less than monthly, a charge in an amount equal to that portion of 50 cents which bears the same relation to 50 cents as the number of days in the billing cycle bear to 365 divided by 12; and

      5.  For any check written by the borrower to the licensee which is returned for insufficient funds, a charge of $10 or in an amount equal to the charges imposed on the licensee because of his reliance on that check, whichever amount is greater.

      Sec. 5.  1.  In addition to the information required in subsection 1 of NRS 675.360, a borrower under an agreement for a loan for an indefinite term must be given a description of the agreed annual interest rate, stated as a percentage, the conditions under which interest will be charged and the method used to compute the interest for each billing cycle.

      2.  The licensee shall notify a borrower of any increase in the rate of interest to be charged or any other change in the terms of the agreement for a loan for an indefinite term at least 30 days before the change is to take place. The change applies only to a debt incurred by the borrower after the effective date of the change. In determining the balance to which an increase in the rate of interest applies, any payment received or other credit made to the borrower’s account applies to the balance existing before the date of that increase until that balance is paid in full.

      Sec. 6.  If the account of a borrower on a loan for an indefinite term shows a balance due or if any debits or credits were entered on that account during a billing cycle, the licensee shall furnish to the borrower, within a reasonable time after the end of the billing cycle, a written statement setting forth:

      1.  The unpaid balance in his account at the beginning of the billing cycle;

      2.  The date and amount of any loans or advances made on the account during the billing cycle, including a copy of any drafts, orders for payment or other similar written instruments received from the borrower during the billing cycle;

 


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

ê1985 Statutes of Nevada, Page 1679 (Chapter 555, AB 598)ê

 

for payment or other similar written instruments received from the borrower during the billing cycle;

      3.  Any payments or other credits made or received on the account during the billing cycle;

      4.  The amount of interest and other charges, if any, made on the account during the billing cycle;

      5.  The amount of the installment due and the date on which that payment must be received; and

      6.  The total amount remaining unpaid in the account at the end of that billing cycle.

      Sec. 7.  NRS 675.360 is hereby amended to read as follows:

      675.360  Every licensee shall:

      1.  Deliver to the borrower, or if more than one, to one of them, at the time of making a loan under this chapter a copy of the loan obligation or, in lieu thereof, a statement showing in clear and distinct terms the date of the loan [and] , the amount of [loan obligation and] the obligation, the date of its maturity, if there is one, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee, and the description or schedule of payments on [such loan.

      2.  Give] that loan.

      2.  Except as otherwise provided for loans for an indefinite term in section 6 of this act, give to the person making any cash payment on account of any loan a receipt at the time [such] that payment us made, [which receipt shall show] showing the balance due, if any, after application of [such payment; but a receipt for] that payment. A receipt showing the amount of the payment only may be given temporarily and must be replaced within a reasonable time with a receipt as prescribed in this subsection.

      3.  Permit payment in advance in an amount equal to one or more full installments at any time during the regular business hours of the licensee.

      4.  Upon repayment of a loan in full, mark plainly every note or other evidence of the indebtedness or assignment signed by any obligor with the word “paid” or “canceled,” and release or provide the borrower evidence to release any mortgage or security instrument no longer securing any indebtedness to the licensee.

      Sec. 8.  NRS 675.295 is hereby repealed.

 

________


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

ê1985 Statutes of Nevada, Page 1680ê

 

CHAPTER 556, SB 288

Senate Bill No. 288–Committee on Commerce and Labor

CHAPTER 556

AN ACT relating to cosmetology; amending the definition of cosmetician or aesthetician; requiring the approval of the state board of cosmetology for the use of devices; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any device used in the practice of cosmetology must be approved by the board.

      Sec. 2.  NRS 644.022 is hereby amended to read as follows:

      644.022  “Cosmetician” or “aesthetician” means any person who engages in the practices of:

      1.  Beautifying, massaging, cleansing or stimulating the [face, neck, arms, bust or upper part of the human body, except the hair and scalp,] skin of the human body, except the scalp, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams [;] or any device, electrical or otherwise, for the care of the skin;

      2.  [Giving facials or skin care or applying] Applying makeup or eyelashes to any person [; and] , tinting eyelashes and eyebrows and lightening hair on the body except the scalp; and

      3.  Removing superfluous hair from the body of any person by the use of depilatories, waxing or tweezers,

but does not include the branches of cosmetology of a hairdresser, electrologist or manicurist.

      Sec. 3.  NRS 644.110 is hereby amended to read as follows:

      644.110  The board shall adopt reasonable regulations:

      1.  For carrying out the provisions of this chapter.

      2.  For conducting examinations of applicants for registration.

      3.  For governing the recognition of, and the credits to be given to, the study of cosmetology under a cosmetologist or in a school of cosmetology licensed under the laws of another state or territory of the United States or the District of Columbia.

      4.  For governing the conduct of schools of cosmetology. The regulations must include but need not be limited to, provisions:

      (a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;

      (b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;

      (c) Providing for lunch and coffee recesses for students during school hours; and


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

ê1985 Statutes of Nevada, Page 1681 (Chapter 556, SB 288)ê

 

      (d) Allowing a member or an authorized employee of the board to review the records of a student’s training and attendance.

      5.  Governing the courses of study and practical training required of persons for treating the skin of the human body, except the scalp.

 

________

 

 

CHAPTER 557, AB 276

Assembly Bill No. 276–Assemblyman Banner (by request)

CHAPTER 557

AN ACT relating to the recording of documents; establishing a fee for searches of marriage records of more than 1 year; setting fee for the filing of certain attachments; simplifying indexing; allowing for new techniques; standardizing the size of maps; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 247.120 is hereby amended to read as follows:

      247.120  1.  Each county recorder must, upon the payment of the prescribed statutory fees, record separately, in a [fair hand, or typewriting, or by filing or inserting a microfilm picture or photostatic copy thereof,] manner which will allow a legible copy to be made, the following specified instruments in large, well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:

      (a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.

      (b) Certificates of marriage and marriage contracts.

      (c) Wills admitted to probate.

      (d) Official bonds.

      (e) Notice of mechanics’ liens.

      (f) Transcripts of judgments, which by law are made liens upon real estate in this state.

      (g) Notices of attachment upon real estate.

      (h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.

      (i) Instruments describing or relating to the separate property of married persons.

      (j) Notice of preemption claims.

      (k) Notices and certificates of location of mining claims.

      (l) Affidavits or proof of annual labor on mining claims.

      (m) Certificates of sale.

      (n) Judgments or decrees.

      (o) Declarations of homesteads.


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

ê1985 Statutes of Nevada, Page 1682 (Chapter 557, AB 276)ê

 

      (p) Such other writing as are required or permitted by law to be recorded.

      2.  Each of the instruments named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.

      3.  Before accepting for recording any instrument enumerated in subsection 1, the county recorder may require a copy suitable for recording by [photographic or photostatic methods.] a method used by the recorder to preserve his records. Where any rights might be adversely affected because of delay in recording caused by this requirement, the county recorder shall accept the instrument conditionally subject to submission of a suitable copy at a later date. The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.

      Sec. 2.  NRS 247.145 is hereby amended to read as follows:

      247.145  1.  County recorders may record any instrument, document, paper or notice authorized, entitled or required by law to be filed, when deposited or presented for filing.

      2.  The following acts shall be deemed equivalent to filing:

      (a) Recording.

      (b) Recording and microfilming [such] an instrument, document, paper or notice by county records in counties having microfilm equipment.

      (c) Recording and preserving an instrument, document, paper or notice in any other manner which will allow a legible copy to be made.

      Sec. 3.  NRS 247.150 is hereby amended to read as follows:

      247.150  1.  Each county recorder shall keep two separate indexes for each separate book or series of books maintained in his office for the separate alphabetical recordation of the various classes of instruments specified in NRS 247.120. One of the indexes must be for the grantors, defendants, mortgagors, trustors, lessors, vendors, assignors, appointors, parties releasing, judgment debtors, testators, obligors under bonds, parties against whom liens are claimed or attachments issued, mining locators, name of mine, persons filing or parties adversely affected by the document indexed, and the other index must be for the grantees, plaintiffs, mortgagees, beneficiaries, lessees, vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens and similar encumbrances are released or the parties benefited by the document indexed.

      2.  Each of the indexes must be so arranged as to show:

      (a) The names of each of the parties to every instrument, except as provided in subsection 5.

      (b) The date on which the instrument was filed in the office of the county recorder.

      (c) The book and page where the instrument is recorded, or the file number and file where the instrument may be filed.


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

ê1985 Statutes of Nevada, Page 1683 (Chapter 557, AB 276)ê

 

      (d) Such other data as in the discretion of the county recorder may seem desirable.

If the index is one general series of books for all instruments recorded, it must also show the character of the instrument indexed.

      3.  The county recorder may keep in the same volume any two or more of the indexes provided for in this section, but the indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept in it.

      4.  The first column of the several indexes for parties adversely affected and parties benefited must be arranged in alphabetical order.

      5.  When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the indexes. When an instrument is recorded or filed to which an executor, administrator, guardian or trustee is a party, the name of the executor, administrator, guardian or trustee, together with the name of the testator, intestate, or ward, or party for whom the trust is held, must be inserted in the index, except that the name of the trustee in a deed of trust or in a partial or full deed of reconveyance need not be indexed. A trustee’s deed given upon exercise of the power of sale under any deed of trust must be indexed under the names of the original trustor and the grantee named in it. An instrument affecting a limited partnership is not required to be indexed under the names of the limited partners if it is indexed under the names of the partnership and the general partners.

      6.  In addition to the indexes required by this section, the county recorder shall also keep and maintain other indexes required in the performance of his official duties.

      7.  Every instrument filed in the office of any county recorder for record or filed, but not for recordation, must be alphabetically indexed in the indexes provided for each separate book or set of books or file, under the names of each party adversely affected by the document and under the names of each party benefited by the document so indexed.

      8.  As an alternative to the method of indexing prescribed by this section, the county recorder may, with the permission of the board of county commissioners, use in place of the index books or volumes:

      (a) Card indexes with a metal-reinforced hole punched in them for rod insertion, and the card indexes must be kept in suitable metal file cabinets.

      (b) A secure electronic method of indexing, including without limitation microfilm produced by computer or a system using computer terminals.

      Sec. 4.  NRS 247.160 is hereby amended to read as follows:

      247.160  Whenever any instrument filed for record with the county recorder of any county [has been copied, or a microfilm picture or photostatic copy thereof inserted,] or a copy of the instrument has been inserted into a book of record other than that designated by law, but [which instrument has been or may hereafter be] is later indexed in the proper book of indexes, [such] the instrument from the date of indexing imparts notice of its contents to all persons.


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

ê1985 Statutes of Nevada, Page 1684 (Chapter 557, AB 276)ê

 

proper book of indexes, [such] the instrument from the date of indexing imparts notice of its contents to all persons. Subsequent purchasers, mortgagees, lienholders and encumbrancers purchase and take with like notice and effect as if [such] the instrument had been [copied or] recorded in the proper book of record . [, notwithstanding that such instrument may have been copied, or a microfilm picture or photostatic copy thereof inserted into some book of record in the office of the county recorder where the same was filed for record other than that designated by law, provided that the same was copied, or a microfilm picture or photostatic copy thereof inserted into some book of record kept in the office of the county recorder where the same is entitled to record.]

      Sec. 5.  NRS 247.170 is hereby amended to read as follows:

      247.170  1.  Whenever any instrument has been filed for record with the county recorder of any county as a deed of trust, mortgage or financing statement, or [copied, or a microfilm picture or photostatic copy thereof inserted,] a copy of the instrument has been inserted into any book of deeds, deeds of trust, mortgages or financing statement, [such] the instrument need not be again filed for record or recorded in [such] the office as a different instrument from that so filed for record or recorded, but the county recorder must index [such] the instrument in any of the indexes kept in his office upon the request of the person recording [such] the instrument and the payment to him of his legal fees for such indexing.

      2.  [Such] The instrument from the date of such indexing imparts notice of its contents to all persons, and subsequent purchasers, mortgagees, lienholders and encumbrancers purchase and take with like notice and effect as if [such] the instrument had been copied or recorded in the proper book of records corresponding with such indexes where so indexed . [, notwithstanding such instrument has been but once recorded or copied in the records of such office.]

      Sec. 6.  NRS 247.210 is hereby amended to read as follows:

      247.210  A copy [, or a microfilm picture or photostatic copy] of any instrument once recorded or filed in any recording office of any state, certified by the county recorder or other appropriate [official] officer in whose office [such] the instrument is recorded or filed, may be recorded or filed in any county of this state, and when so recorded or filed the record thereof, or [such] the filed instrument, [shall have] has the same force and effect as though it were of the original instrument.

      Sec. 7.  NRS 247.305 is hereby amended to read as follows:

      247.305  1.  Where another statute specifies fees to be charged for services, county recorders shall charge and collect only the fees specified. Otherwise county recorders shall charge and collect the following fees:

 

For recording any document, for the first page...........................................      $5.00

For each additional page.................................................................... 1.00 For recording each portion of a document which must be separately indexed, after the first indexing   $2.00

 


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

ê1985 Statutes of Nevada, Page 1685 (Chapter 557, AB 276)ê

 

For recording each portion of a document which must be separately indexed, after the first indexing...................................................................................        $2.00

For copying any record, for each page.......................................................          1.00

For certifying, including certificate and seal, for the first seal................          2.00

For each additional seal...................................................................            .50

      2.  For searching the records of marriages in more than 1 year, a county recorder shall charge and collect $1 for each year searched, but not more than $10 to search for any one marriage.

      3.  Except as otherwise provided in subsection [3,] 4, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

      (a) The county in which his office is located.

      (b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

             (1) Conveys to the state, or to that city or town, an interest in land;

             (2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary; or

             (3) Imposes a lien in favor of the state or that city or town.

      [3.] 4.  A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder must charge the regular fee.

      [4.] 5.  For purposes of this section, “ State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

      [5.] 6.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 7.5.  Chapter 104 of NRS is hereby amended by adding thereto a new section to read as follows:

      If any document filed pursuant to NRS 104.9401 to 104.9408, inclusive, includes an attachment, the fee otherwise prescribed for filing that document is increased by $1 for each page of the attachment.

      Sec. 8.  NRS 104.9403 is hereby amended to read as follows:

      104.9403  1.  Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.

      2.  Except as provided in subsection 6, a filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed [prior to] before the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later.


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

ê1985 Statutes of Nevada, Page 1686 (Chapter 557, AB 276)ê

 

interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.

      3.  A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if he has retained a microfilm or other photographic record, or in other cases after 1 year after the lapse. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under subsection 6 shall be retained.

      4.  Except as provided in subsection 7 , a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the indexes the file number . [and the address of the debtor given in the statement.]

      5.  The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement , for an amendment or for a continuation statement is $5 if the [statement] document is in the standard form prescribed by the secretary of state and otherwise is $6 [.] , plus $1 for each additional debtor. The secured party may at his option show a trade name for any person.


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

ê1985 Statutes of Nevada, Page 1687 (Chapter 557, AB 276)ê

 

      6.  If the debtor is a transmitting utility (subsection 5 of NRS 104.9401) and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage which is effective as a fixture filing under subsection 6 of NRS 104.9402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.

      7.  When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or is filed as a fixture filing, it shall be filed for record and the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described, and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if he were the mortgagee thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.

      Sec. 9.  NRS 104.9404 is hereby amended to read as follows:

      104.9404  1.  If a financing statement covering consumer goods is filed on or after July 1, 1975, then within 1 month or within 10 days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must file with each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. In other cases whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor, for each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record complying with subsection 2 of NRS 104.9405, including payment of the required fee. If the affected secured party fails to file such a termination statement as required by this subsection, or to send such a termination statement within 10 days after proper demand therefor he is liable to the debtor for $100, and in addition for any loss caused to the debtor by such failure.

      2.  On presentation to the filing officer of such a termination statement he shall note it in the index. If he has received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement and of any related continuation statement, statement of assignment and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after 1 year after receipt of the termination statement.


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

ê1985 Statutes of Nevada, Page 1688 (Chapter 557, AB 276)ê

 

of assignment and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after 1 year after receipt of the termination statement.

      3.  If the termination statement is in the standard form required by the secretary of state, the uniform fee for filing and indexing the termination statement is [$4,] $5, and otherwise is [$5.] $6, plus $1 for each additional debtor.

      4.  If the filing officer has microfilmed the original documents, he shall make copies of the microfilmed documents, mark the copies “terminated” and send or deliver to the secured parties and to the debtor the copies marked “terminated.”

      Sec. 10.  NRS 104.9407 is hereby amended to read as follows:

      104.9407  1.  If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to such person.

      2.  Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated therein, any presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The uniform fee for such a certificate shall be $6. Upon request and payment of the statutory fee for copies furnished by that officer, the filing officer shall furnish a copy of any filed financing statement or statement of assignment . [for a uniform fee of $1 for the first page and 50 cents for each page thereafter.]

      Sec. 11.  NRS 108.831 is hereby amended to read as follows:

      108.831  1.  If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer who is:

      (a) The secretary of state, he shall cause the notice to be marked, held and indexed in accordance with the provisions of subsection 4 of NRS 104.9403 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.

      (b) Any other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name [and address] of the person named in the notice [,] and the date of receipt . [, and the total amount appearing on the notice of lien.]

      2.  If a certificate of release, nonattachment, discharge or subordination of any federal lien is presented to the secretary of state for filing he shall:

      (a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates must not be removed from the files; and


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

ê1985 Statutes of Nevada, Page 1689 (Chapter 557, AB 276)ê

 

      (b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.

      3.  If a refiled notice of federal lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he shall enter the refiled notice or the certificate with the date of filing in any alphabetical [lien index.] index of liens.

      4.  Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any active notice of lien or certificate or notice affecting the lien, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is $6. Upon request the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for [a fee of $1 for the first page and 50 cents for each page thereafter.] the statutory fee for copies.

      Sec. 12.  NRS 239.070 is hereby amended to read as follows:

      239.070  1.  In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use microfilm for such recording.

      2.  The division, in cooperation with the state printing and micrographics division of the department of general services, shall provide microfilming service to any local government. The charge for the service must not exceed the actual cost.

      3.  If microfilming is used:

      (a) The microphotographs or micronegative films must be properly indexed and placed in conveniently accessible files.

      (b) Each film must be designated and numbered.

      (c) Provision must be made for preserving, examining and using the films.

      4.  A duplicate of each such film must be made and kept safely in a separate place.

      5.  Duplicates of each such film must be made available by the county recorder for sale at a price not exceeding cost upon the request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of each such film available for sale to the public at a price not exceeding cost.

      6.  The division shall provide services for recording other than microfilming to any local government if the division has the equipment necessary to provide the services. The services provided are subject to the requirements of this section relating to microfilming.

      Sec. 13 through 15.  (Deleted by amendment.)

      Sec. 16.  NRS 278.490 is hereby amended to read as follows:

      278.490  1.  Any owner or governing body desiring to revert or abandon any subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to abandon the map or portion thereof shall submit a written application accompanied by a map of the proposed abandonment or reversion to the governing body for approval.


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

ê1985 Statutes of Nevada, Page 1690 (Chapter 557, AB 276)ê

 

parcels, or part thereof to acreage or to abandon the map or portion thereof shall submit a written application accompanied by a map of the proposed abandonment or reversion to the governing body for approval. The application shall describe the requested changes.

      2.  The map need only contain the appropriate certificates required by NRS 278.374 to 278.378, inclusive, for the original division of the land, and must be presented to the governing body for approval. If the map includes the abandonment of any public street or easement, the provisions of NRS 278.480 must be followed before the approval of the map.

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

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

      5.  The scale of the map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.

      6.  The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.

      7.  Except for the provisions of this section and any provision or ordinance relating to the payment of fees in conjunction with filing or recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of abandonment of a former map or for reversion of any land division to acreage.

      [4.] 8.  Upon approval of the map of reversion or abandonment, it must be recorded by the governing body in the office of the county recorder and the county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording.

      Sec. 17.  NRS 278.565 is hereby amended to read as follows:

      278.565  1.  A copy of deed restrictions proposed for a subdivision in a county having a population of 100,000 or more but less than 250,000 must be filed with the planning commission or governing body with the tentative map.

      2.  Upon final approval of the subdivision, a copy of the restrictions must be:

      (a) Filed with the building inspector having jurisdiction over the area within which the subdivision is situated.

      (b) Presented to each prospective purchaser or real property within the subdivision.

      3.  The original copy of the restrictions may be recorded with the county recorder immediately following the recording of the final map.


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

ê1985 Statutes of Nevada, Page 1691 (Chapter 557, AB 276)ê

 

      Sec. 18.  NRS 517.040 is hereby amended to read as follows:

      517.040  1.  Within 90 days after posting the notice of location the locator of a lode mining claim shall prepare two copies of a map of the claim on a scale of not less than 500 feet to the inch, which sets forth the position of the monuments in relation to each other and establishes numbers of the boundary monuments. Where the land has been surveyed by the United States, the description must be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where official corners cannot be found through the exercise of due diligence, the description must be tied by courses and distance to a natural landmark or a readily identifiable artificial landmark which is customarily shown on a map, including, without limitation, a bench mark or the point at which two roads intersect.

The description must also state the township and range, and where the lands are surveyed lands, the quarter section and section in which the landmark and the mining claim are situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim. The size of each sheet must be 24 by 32 inches.

      2.  Within 90 days after the posting of the notice of location, the locator shall file both copies of the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim whose boundaries and location are set forth on the map.

      3.  Using the proceeds of these filling fees, the county:

      (a) Shall establish and maintain, in accordance with the regulations of the department of minerals, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971;

      (b) Shall purchase and maintain the necessary equipment used in establishing, maintaining and duplicating the map; and

      (c) May use any remaining money for any purpose determined by the county recorder.

The map is a public record.

      4.  The county recorder shall not refuse to accept a map submitted by a locator unless he can affirmatively show that the map submitted does not accurately reflect the location of all the claims.

      5.  The county recorder shall send one copy of the locator’s map and one copy of the certificate of location to the county surveyor as soon as practicable after its receipt.

      Sec. 19.  NRS 625.350 is hereby amended to read as follows:

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


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

ê1985 Statutes of Nevada, Page 1692 (Chapter 557, AB 276)ê

 

leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and 2 inches at the left edge along the 24-inch dimension.

      2.  A record of survey must show:

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

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

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

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

      (e) A memorandum of oaths, if any.

      (f) The signature and seal of the surveyor.

      (g) Dates of the survey.

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

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

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

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

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

      Sec. 20.  Sections 7, 12 and 19 of this act become effective at 12:01 a.m. on July 1, 1985.

 

________

 

 

CHAPTER 558, AB 595

Assembly Bill No. 595–Committee on Health and Welfare

CHAPTER 558

AN ACT relating to emergency medical services; authorizing the licensing of fire departments and firemen to provide intermediate or advanced medical care at the scene of an emergency; making various changes in the requirements for training; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3.  “Firefighting agency” means a fire department or fire district of the state or a political subdivision which holds a permit authorizing it to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency. This term does not include a person or governmental entity which provides transportation of those persons to a medical facility.

      Sec. 1.7.  “Fireman” means a person who holds a license and is employed by or serving as a volunteer with a firefighting agency.


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

ê1985 Statutes of Nevada, Page 1693 (Chapter 558, AB 595)ê

 

      Sec. 2.  NRS 450B.020 is hereby amended to read as follows:

      450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.030 to 450B.110, inclusive, and sections 1.3 and 1.7 of this act, have the meanings ascribed to them in [such] those sections.

      Sec. 3.  NRS 450B.090 is hereby amended to read as follows:

      450B.090  “License” means the license issued by the health division under the provisions of this chapter to an attendant of an ambulance , [attendant or] an air ambulance [attendant.] or a fireman employed by or serving as a volunteer with a firefighting agency.

      Sec. 4.  NRS 450B.100 is hereby amended to read as follows:

      450B.100  “Permit” means the permit issued by the health division under the provisions of this chapter to [a person, firm, corporation, state] :

      1.  A person, agency of the state or political subdivision to [provide ambulance service or] own or operate an ambulance or air ambulance [service] in the State of Nevada [.] ; or

      2.  A firefighting agency to provide intermediate or advanced medical care at the scene of an emergency.

      Sec. 5.  NRS 450B.130 is hereby amended to read as follows:

      450B.130  The board shall adopt regulations establishing reasonable minimum standards for:

      1.  Training and qualification of attendants and firemen if the board determines that [such] those regulations are necessary in addition to the statutory requirements for licensing [attendants;] those persons;

      2.  Sanitation in ambulances and air ambulances;

      3.  Medical and nonmedical equipment and supplies to be carried in ambulances and air ambulances [;] and medical equipment and supplies to be carried in vehicles of a firefighting agency;

      4.  Interior configuration, design and dimensions of ambulances placed in service after July 1, 1979;

      5.  Permits for operation of [ambulance services and air ambulance services;] ambulances, air ambulances and vehicles of a firefighting agency;

      6.  Records to be maintained by [all ambulance services and air ambulance services;] an operator of an ambulance, air ambulance or a firefighting agency; and

      7.  Treatment of patients who are critically ill or in urgent need of treatment.

      Sec. 6.  NRS 450B.140 is hereby amended to read as follows:

      450B.140  1.  In adopting regulations under NRS 450B.120 and 450B.130, the board may use standards and regulations proposed by:

      (a) The committee on trauma of the American College of Surgeons;

      (b) The United States Department of Transportation;

      (c) The United States Public Health Service;

      (d) The Bureau of Health Insurance of the Social Security Administration;


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

ê1985 Statutes of Nevada, Page 1694 (Chapter 558, AB 595)ê

 

      (e) The American Academy of Orthopaedic Surgeons;

      (f) The National Academy of Sciences—National Research Council;

      (g) The American Heart Association; and

      (h) Regional, state and local emergency medical services committees and councils.

      2.  The board may establish different standards for commercial, volunteer, industrial and other categories of [ambulance services and] ambulances, attendants and firefighting agencies and firemen to reflect different circumstances and in the public interest.

      Sec. 7.  NRS 450B.150 is hereby amended to read as follows:

      450B.150  1.  The health division shall administer and enforce the provisions of this chapter and the [rules,] regulations, standards and procedures of the board established under the provisions of this chapter.

      2.  The health division and its [duly] authorized agents [may] shall enter upon and inspect, in a reasonable manner and during reasonable business hours, the premises and [ambulances or air ambulances] vehicles of persons [, firms, corporations, state agencies and political subdivisions providing ambulance service or air ambulance service in this state.] and governmental entities providing services regulated under the provisions of this chapter.

      Sec. 8.  NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health division may issue licenses to attendants [.] and firemen employed by or serving as a volunteer with a firefighting agency.

      2.  Each license must be evidenced by a card issued to the holder of the license , [holder.

      3.  Each license] is valid for a period not to exceed 2 years [,] and is renewable.

      [4.  To obtain a license as an attendant, an]

      3.  An applicant must file with the health division:

      (a) [A] For a license:

             (1) As an attendant, a current, valid certificate evidencing his successful completion of a [training] program or course for training in advanced first aid at a level of skill designated by the board or equivalent to the [programs or courses in advanced first aid offered by:

             (1) The American Red Cross;

             (2) The United States Bureau of Mines;

             (3) The Armed Forces of the United States (to medical corpsmen); or

             (4) Any other rescue or emergency first aid organization recognized by the board.] national standard course for emergency medical technicians; or

             (2) As a fireman with a firefighting agency, a current valid certificate evidencing his successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical technician-ambulance;

      (b) A signed statement showing his:


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

ê1985 Statutes of Nevada, Page 1695 (Chapter 558, AB 595)ê

 

             (1) Name and address;

             (2) Employer’s name and address; and

             (3) Job description [.] ; and

      (c) Such other certificates for training and such other items as the board may specify.

      [5.] 4.  An applicant for a license as an attendant who is not a volunteer must file with the health division, in addition to the items specified in subsection [4,] 3, a current, valid certificate designating him as an emergency medical technician [.

      6.] , intermediate emergency medical technician or advanced emergency medical technician-ambulance.

      5.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

      [7.] 6.  Each operator of an ambulance [service and] or air ambulance [service] and a firefighting agency shall annually file with the health division a complete list of the licensed [attendants] persons in its service.

      [8.] 7.  Licensed physicians , physician’s assistants and registered nurses may serve as attendants or render emergency medical care without being licensed [as ambulance attendants,] under the provisions of this section, but a registered nurse who is employed to perform advanced emergency care in an ambulance or air ambulance must be qualified to render medical care at the scene of an emergency as required by the regulations of the state board of nursing.

      Sec. 9.  NRS 450B.191 is hereby amended to read as follows:

      450B.191  1.  A [training] program of training in intermediate emergency care in a rural area which has access to a medical facility or hospital which provides [intensive] emergency medical care [, if the area is outside a health district,] must be [initiated and] conducted by a licensed physician. The [training] program of training in a health district must be [initiated and conducted] recommended to the health division for its approval by the district health officer.

      2.  A [training] program for training for an intermediate emergency medical technician must include [, but is not limited to,] an approved curriculum in intravenous therapy, the use of pneumatic trousers to control shock and the management of a passage for air to the lungs. Only a certified emergency medical technician who is a licensed [ambulance] attendant or a fireman with [a minimum of 1 year of ambulance or emergency vehicle] experience as established by the board is eligible for this training.

      3.  A certified intermediate emergency medical technician must undergo at least one examination by the supervising physician every 6 months to verify the retention of his skills in order to maintain his certification, and is subject to reexamination by the state health officer. The supervising physician may recommend revocation of certification at any time.


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

ê1985 Statutes of Nevada, Page 1696 (Chapter 558, AB 595)ê

 

      4.  The board may by regulation prescribe the curriculum and other requirements for training in intermediate emergency care.

      5.  A person shall not represent himself to be an intermediate emergency medical technician unless he has on file with the health division a currently valid certificate demonstrating successful completion of the [training] program of training required by this section.

      6.  An attendant or fireman shall not perform, and the owner or operator of an ambulance [service shall] or a firefighting agency must not offer, intermediate emergency care without fulfilling the requirements established by the board.

      Sec. 10.  NRS 450B.195 is hereby amended to read as follows:

      450B.195  1.  Only a certified emergency medical technician who is a licensed attendant or a fireman with experience as established by the board is eligible for training as an advanced emergency medical technician-ambulance.

      2.  A [training] program of training in advanced emergency care for advanced emergency medical technicians-ambulance must be conducted by a licensed physician or other person as established by regulation of the board and must include at least 500 hours of training, including [but not limited to] 300 hours of didactic and 200 hours of clinical instruction. The program must include cardiac care and experience with emergency [vehicle experience.

      2.] vehicles.

      3.  Each holder of a certificate as an advanced emergency medical technician-ambulance must undergo at least 40 hours of [further or refresher] training yearly in order to maintain his certification, and he is subject to reexamination every 2 years by the state health officer.

      [3.] 4.  The board may by regulation prescribe the curriculum and other requirements for training in advanced emergency care.

      [4.] 5.  A person shall not represent himself to be an advanced emergency medical technician-ambulance unless he has on file with the health division a currently valid certificate evidencing his successful completion of the [training] program of training required by this section.

      [5.] 6.  An attendant or fireman shall not perform, and the owner or operator of an ambulance [service shall] or a firefighting agency must not offer, advanced emergency care without fulfilling the requirements established by the board.

      Sec. 11.  NRS 450B.197 is hereby amended to read as follows:

      450B.197  A person performing advanced emergency care, including an attendant or a fireman who is an advanced emergency medical technician-ambulance or a registered nurse , pursuant to the regulations of the state board of nursing, may:

      1.  Perform rescues, first aid and resuscitation.

      2.  During training at a hospital and while caring for patients in a hospital administer parenteral medications under the direct supervision of a physician or a registered nurse.


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

ê1985 Statutes of Nevada, Page 1697 (Chapter 558, AB 595)ê

 

      3.  Perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient.

      4.  [Where] If voice communication is established and maintained with a physician or with a registered nurse supervised by a physician in a hospital and, if medically appropriate, a telemetered electrocardiogram of the patient is observed by the physician or nurse [,] in that hospital, upon order of the physician or nurse, perform such procedures and administer such drugs as are approved by the state board of health, [which may include but are not limited to:] including:

      (a) Administering intravenous saline or glucose solutions.

      (b) Performing gastric suction by intubation.

      (c) Performing an intubation into the airway by an esophageal or endotracheal tube [.] or by cricothyroidotomy.

      (d) Performing a needle aspiration of the chest.

      (e) Performing surgical exposure of a vein or artery.

      (f) Performing a phlebotomy or drawing blood specimens for analysis.

      (g) Administering drugs of the following classes:

             (1) Antiarrhythmic agents.

             (2) Vagolytic agents.

             (3) Chronotropic agents.

             (4) Analgesic agents.

             (5) Alkalizing agents.

             (6) Vasopressor agents.

             (7) Diuretics.

             (8) Norcotic antiagents.

             (9) Anticonvulsive agent.

             (10) Volume expanding agents.

             (11) Topical ophthalmic solution.

             (12) Intravenous glucose.

             (13) Antihistaminic.

             (14) Steroids.

             (15) Bronchodilators.

      5.  [Where] If voice communication cannot be established or cannot be maintained with a physician or with a registered nurse supervised by a physician [,] in a hospital, perform procedures under such prescribed conditions as are set forth in written standing orders which are recommended by a [physician or physicians who supervise] group of physicians chosen by a local health authority for advice on the performance of advanced emergency care and are adopted by a district board of health, or by the state health officer for areas that are not in health districts, and are approved by the board. If such a procedure is begun, the technician or other person rendering advanced emergency care must establish or resume voice communication as soon as possible.

      Sec. 12.  NRS 450B.200 is hereby amended to read as follows:

      450B.200  1.  The health division may issue permits for the operation of an ambulance , [service and] air ambulance [service.] and a vehicle of a firefighting agency at the scene of an emergency.


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

ê1985 Statutes of Nevada, Page 1698 (Chapter 558, AB 595)ê

 

      2.  Each permit must be evidenced by a card issued to the [permit holder.] holder of the permit.

      3.  No permit may be issued unless the applicant is qualified under the regulations of the board.

      4.  An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:

      (a) The name and address of the owner of the ambulance , [service or] air ambulance [service or proposed service;] or of the firefighting agency;

      (b) The name under which the applicant is doing business or proposes to do business [;] , if applicable;

      (c) A description of each ambulance , [or] air ambulance [,] or vehicle of a firefighting agency, including the make, model, year of manufacture, motor and chassis numbers, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicant’s ambulance , [or] air ambulance [;] or vehicle;

      (d) The location and description of the [place or] places from which the ambulance , [or] air ambulance [service is intended] or firefighting agency intends to operate; and

      (e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.

      5.  The board [may] shall establish a reasonable fee for annual permits.

      6.  All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days [prior to] before the expiration date.

      7.  The health division [may:] shall:

      (a) Revoke, suspend or refuse to renew any permit [to operate an ambulance or air ambulance service] issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or

      (b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,

only after the holder of a permit is afforded an opportunity for a public hearing before the board.

      8.  The health division may suspend a permit if the holder is using an ambulance , [or] air ambulance or vehicle of a firefighting agency which does not meet the minimum [equipment] requirements for equipment as established by the board pursuant to this chapter.

      9.  The issuance of a permit under this section or NRS 450B.210 does not authorize any person [, firm, corporation, association] or government entity to provide [ambulance or air ambulance] those services or to operate any ambulance , [or] air ambulance or vehicle of a firefighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.


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

ê1985 Statutes of Nevada, Page 1699 (Chapter 558, AB 595)ê

 

      Sec. 13.  NRS 450B.220 is hereby amended to read as follows:

      450B.220  Subsequent to issuance of any permit [to an ambulance service or air ambulance service] under NRS 450B.200 and 450B.210, the health division shall cause to be inspected the ambulances, aircraft, vehicles, medical supplies, equipment, personnel, records, premises and operational procedures of [such ambulance service or air ambulance service whenever such] a holder of a permit whenever that inspection is deemed necessary, but no less frequently than once each year. The periodic inspection required by this section is in addition to any other state or local [safety or motor vehicle inspection] inspections required for ambulances, aircraft or motor vehicles under [general law] statute or ordinances.

      Sec. 14.  NRS 450B.230 is hereby amended to read as follows:

      450B.230  The public or private owner of an ambulance , [or] air ambulance or the firefighting agency who owns a vehicle used in providing emergency medical care shall not permit its operation and use without the equipment required by regulations and standards of the board.

      Sec. 15.  NRS 450B.240 is hereby amended to read as follows:

      450B.240  1.  A person [, firm, corporation, association] or government entity shall not engage in the operation of any ambulance or air ambulance service in [Nevada] this state without a currently valid permit for [such] that service issued by the health division.

      2.  A firefighting agency shall not provide intermediate or advanced medical care at the scene of an emergency without a currently valid permit for that care issued by the health division.

      Sec. 16.  NRS 450B.250 is hereby amended to read as follows:

      450B.250  [A] Except as otherwise provided in this chapter, a person shall not serve as an attendant on any ambulance or air ambulance and a fireman shall not provide intermediate or advanced medical care at the scene of an emergency unless he holds a currently valid license [as an attendant] issued by the health division [, except as otherwise provided pursuant to the provisions of this chapter.] under the provisions of this chapter.

      Sec. 17.  NRS 450B.260 is hereby amended to read as follows:

      450B.260  1.  The public or private owner of an ambulance or air ambulance or a firefighting agency which owns a vehicle used in providing medical care at the scene of an emergency shall not permit its operation and use by any person not licensed under this chapter, except as provided in [subsection 4.] subsections 4 and 5.

      2.  Every ambulance when carrying a sick or injured patient [shall] must be occupied by a driver and an attendant, both of whom [shall be] are licensed as attendants under the provision of this chapter, except in geographic areas which may be designated by the board.

      3.  Every air ambulance when carrying a sick or injured patient [shall] must be occupied by a licensed attendant in addition to the pilot of the aircraft.


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

ê1985 Statutes of Nevada, Page 1700 (Chapter 558, AB 595)ê

 

      4.  The pilot of an air ambulance is not required to have a license under this chapter.

      5.  A person who operates or uses a vehicle owned by a firefighting agency is not required to be licensed under this chapter, except that such a vehicle may not be used to provide intermediate or advanced medical care at the scene of an emergency unless at least one person in the vehicle is licensed to provide the care.

      Sec. 18.  NRS 450B.265 is hereby amended to read as follows:

      450B.265  [An ambulance service] A firefighting agency or an owner or operator of an ambulance shall not represent, advertise or imply that it:

      1.  Is authorized to provide advanced emergency care; or

      2.  Utilizes the services of an advanced emergency medical technician-ambulance,

unless the service has a currently valid permit to provide advanced emergency care issued by the health division.

      Sec. 19.  NRS 450B.270 is hereby amended to read as follows:

      450B.270  Each [permit holder for an ambulance or air ambulance service] holder of a permit shall maintain accurate records upon such forms as may be provided by the health division and containing such information as may be reasonably required by the board concerning the care or transportation of each patient , or both, within this state and beyond its limits. [Such records shall] These records must be available for inspection by the health division at any reasonable time and copies thereof [shall] must be furnished to the health division upon request. [Such] This record does not constitute a diagnosis, and a legal signature is not required on forms dealing with the type of injury sustained by a particular patient. The health division shall compile and provide a summary of this information.

      Sec. 20.  NRS 450B.310 is hereby amended to read as follows:

      450B.310  No county or city may operate an ambulance [service,] or contract to have another operate an ambulance [service,] or provide for the operation of a firefighting agency in violation of this chapter or the [rules or regulations promulgated] regulations adopted under this chapter.

      Sec. 21.  NRS 453.510 is hereby amended to read as follows:

      453.510  1.  A practitioner may purchase supplies of controlled substances from a pharmacy if he presents to the pharmacy a written order signed by him which contains his registration number issued by the Drug Enforcement Administration.

      2.  A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit [for the operation of an ambulance service or air ambulance service] issued pursuant to the provisions of NRS 450B.200 or 450B.210 supplies of controlled substances to stock his ambulances or other authorized vehicles or replenish the stock if:

      (a) The purchase order is countersigned by a physician; and


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

ê1985 Statutes of Nevada, Page 1701 (Chapter 558, AB 595)ê

 

      (b) The intermediate emergency medical technician, the advanced emergency medical technician-ambulance or the registered nurse who is in charge of the controlled substances [in the ambulance] is, respectively, appropriately certified by the health division or licensed by the state board of nursing.

      3.  The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.

      Sec. 22.  NRS 454.221 is hereby amended to read as follows:

      454.221  1.  Any person who furnishes any dangerous drug except upon the prescription of a practitioner shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, unless the dangerous drug was obtained originally by a legal prescription.

      2.  The provisions of this section do not apply to the furnishing of any dangerous drug by:

      (a) A practitioner to his own patients as provided in NRS 454.301;

      (b) A physician’s assistant if authorized by the board;

      (c) A registered nurse while participating in a public health program approved by the board, or a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess and administer or dispense dangerous drugs;

      (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under [sales and purchase] records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;

      (e) A hospital pharmacy or a pharmacy so designated by a district health officer to the holder of a permit [for the operation of an ambulance service or an air ambulance service] issued pursuant to the provisions of NRS 450B.200 or 450B.210 to stock ambulances or other authorized vehicles or replenish the stock; or

      (f) A prison pharmacy to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.

      Sec. 23.  NRS 454.279 is hereby amended to read as follows:

      454.279  1.  A practitioner may purchase supplies of poisons, dangerous drugs and devices from a pharmacy if he presents to the pharmacy a written order signed by him.

      2.  A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit [for the operation of an ambulance service or air ambulance service] issued pursuant to the provisions of NRS 450B.200 or 450B.210 supplies of dangerous drugs to stock his ambulances or other authorized vehicles or replenish the stock if:

      (a) The purchase order is countersigned by a physician; and


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

ê1985 Statutes of Nevada, Page 1702 (Chapter 558, AB 595)ê

 

      (b) The intermediate emergency medical technician, the advanced emergency medical technician-ambulance or the registered nurse who is in charge of the dangerous drugs [in the ambulance] is, respectively, appropriately certified by the health division or licensed by the state board of nursing.

      3.  The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.

      Sec. 24.  NRS 454.480 is hereby amended to read as follows:

      454.480  1.  Hypodermic devices may be sold by pharmacists on the prescription of a physician, dentist or veterinarian. [Such] Those prescriptions must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling must be maintained as required by NRS 454.236 to 454.276, inclusive.

      2.  Except as otherwise provided in subsection 3, pharmacists and others holding hypodermic permits, unless the permit limits otherwise, may sell hypodermic devices without prescription for the following purposes:

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

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

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

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

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

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

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

      Sec. 25.  NRS 41.500 is hereby amended to read as follows:

      41.500  1.  Except as provided in NRS 41.505, any person in this state [,] who renders emergency care or assistance in an emergency, gratuitously and in good faith, [shall] must not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by [such] that person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

      2.  Any person in this state who acts as a driver of an ambulance [driver] or attendant on an ambulance operated by a volunteer [ambulance] service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting [such] that injured or ill person to or from any health facility, clinic, doctor’s office or other medical facility, [shall] must not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such [ambulance] driver or attendant in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.


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

ê1985 Statutes of Nevada, Page 1703 (Chapter 558, AB 595)ê

 

operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting [such] that injured or ill person to or from any health facility, clinic, doctor’s office or other medical facility, [shall] must not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such [ambulance] driver or attendant in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      3.  Any [duly] appointed member of a volunteer [ambulance] service operating an ambulance or [a duly] an appointed volunteer [member of] serving on an ambulance [service] operated by a political subdivision of this state, other than [an ambulance] a driver or attendant [, shall] of an ambulance, must not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such member whenever he is performing his duties in good faith . [as a member of such volunteer ambulance service or ambulance service operated by a political subdivision.]

      4.  Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders [emergency] care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting [such] that injured or ill person to or from any health facility, clinic, doctor’s office or other medical facility, [shall] must not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      5.  Any person who is employed by or serves as a volunteer for a public firefighting agency and who is authorized under chapter 450B of NRS to render emergency medical care at the scene of an emergency must not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      Sec. 26.  NRS 474.511 is hereby amended to read as follows:

      474.511  Any district organized pursuant to NRS 474.460, acting by and through the board of fire commissioners, by resolution may at any time or from time to time acquire:

      1.  A system of waterworks, hydrants and supplies of water.

      2.  Telegraphic [fire signals,] signals for fire and telephone, telegraph, radio and television service.

      3.  Fire engines and other vehicles.


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

ê1985 Statutes of Nevada, Page 1704 (Chapter 558, AB 595)ê

 

      4.  Hooks, ladders, chutes, buckets, gauges, meters, hoses, pumps, fire extinguishers, fans and artificial lights.

      5.  Respirators, rescue equipment, medical supplies and equipment, other [fire] apparatus for firefighting and protection from fire and [firefighting apparatus and] other appurtenances.

      6.  Fixtures, structures, stations, other buildings and sites therefor.

      7.  Land, interests in land, and improvements thereon for firebreaks and other [fire protection.] protection from fire.

      8.  Appurtenances and incidentals necessary, useful or desirable for any such facilities, including [without limitation] all types of property therefor.

      9.  Any combination of the properties provided in this section.

      Sec. 27.  NRS 450B.010 is hereby repealed.

      Sec. 28.  Sections 22 and 23 of this act become effective at 12:01 a.m. on July 1, 1985.

 

________

 

 

CHAPTER 559, AB 107

Assembly Bill No. 107–Committee on Natural Resources, Agriculture and Mining

CHAPTER 559

AN ACT relating to wildlife; increasing fees for certain licenses, permits and tags; providing fees for certain licenses; authorizing the inspection of certain records and documents of a license agent; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 502.040 is hereby amended to read as follows:

      502.040  1.  The commission shall adopt regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting money to the department, and the manner of accounting for licenses, tags, stamps and permits received, issued, sold or returned. A license agent’s authority may be revoked or suspended by the department for his failure to abide by the regulations of the commission. The agent may appeal to the commission for reinstatement.

      2.  A license agent designated by the department is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and shall require of all applicants exhibition to him of proof of their identity and residence.

      3.  License agents [shall] must be required to furnish a bond to the department for the proper performance of their duties in such amounts as may be determined by the commission. Premiums for [such] the bonds must be paid by the license agency, except in remote areas where the agency is established for the convenience of the commission, in which case the premium must be paid from the wildlife account in the state general fund.


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

ê1985 Statutes of Nevada, Page 1705 (Chapter 559, AB 107)ê

 

bonds must be paid by the license agency, except in remote areas where the agency is established for the convenience of the commission, in which case the premium must be paid from the wildlife account in the state general fund.

      4.  A license agent is responsible to the department for the collection of the correct and required fee, for the safeguarding of the money collected by him, and for the prompt remission to the department for deposit in accordance with NRS 501.356 of all money collected. The department shall furnish to the license agent receipts for all money which he remits to the department. A license agent shall furnish a receipt to the department of all licenses, tags, stamps or permits which he receives from the department.

      5.  [A license agent is entitled to a service fee for] For each license, tag, stamp or permit [which he sells. The service fee must be set by the commission and must not exceed:] he sells, a license agent is entitled to receive a service fee of:

      (a) Twenty-five cents for each license, tag or permit; and

      (b) Ten cents for each stamp or similar document issued which does not require completion by the agent.

      6.  Any person authorized to enforce this chapter may inspect, during the license agent’s normal business hours, any record or document of the agent relating to the issuance of any such license, tag or permit.

      7.  All money collected by a license agent, except service fees collected pursuant to subsection 5, is public money of the State of Nevada, and the state has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public funds and punishable under the laws provided.

      Sec. 2.  NRS 502.240 is hereby amended to read as follows:

      502.240  The department shall issue annual licenses and limited permits:

      1.  To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of [$3] $5 for an annual fishing or hunting license.

      2.  To any citizen of the United States who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.

      3.  Except as provided in NRS 502.245, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:

 

For a fishing license..................................................................... [$14.00]       $15.00

For a 10-day permit to fish.............................................................. [7.50]          10.00

For a 3-day permit to fish................................................................ [5.00]            6.00

For a hunting license..................................................................... [13.00] 15.00 For a combined hunting and fishing license........................................................................... [$25.00]    $28.50

 


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

ê1985 Statutes of Nevada, Page 1706 (Chapter 559, AB 107)ê

 

For a combined hunting and fishing license............................ [$25.00]       $28.50

For a trapping license.................................................................... [20.00]          30.50

For a fur dealer’s license...........................................................................            50.00

For an annual master guide’s license......................................................          125.00

For an annual subguide’s license............................................................            60.00

 

      [3.] 4.  To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of [$6.50] $8 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license [shall] must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed [$20).] $30).

      [4.] 5.  Except as provided in subsection 3, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:

 

For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license [shall] must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed [$20)] $30).............. [$30.00]             $35

For a 10-day permit to fish............................................................ [10.00]               20

For a 3-day permit to fish................................................................ [7.50]               12

For a hunting license..................................................................... [75.00]               80

For an annual trapper’s license.................................................. [125.00]             150

For a fur dealer’s license............................................................. [100.00]             100

For an annual master guide’s license........................................ [250.00]             250

For an annual subguide’s license.............................................. [125.00]             125

 

      [5.] 6.  To any person, without regard to residence, upon the payment of:

 

For a noncommercial breeding ground...................................................            $5.00

For a commercial or private shooting preserve.....................................            35.00

For a commercial breeding ground..........................................................            35.00

For a commercial fish hatchery................................................................            35.00

For a private noncommercial fish hatchery............................................            10.00

[For a trained animal act license...............................................................           10.00]

For a live bait dealer’s permit...................................................................            60.00

For a competitive field trials permit.........................................................            $5.00

For a falconry license................................................................................            15.00

For an importation permit..........................................................................              5.00

For an import eligibility permit.................................................................            25.00

For an exportation permit................................................................ [2.00]            5.00

[For a live bait seining and transporting permit....................................             2.00]


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

ê1985 Statutes of Nevada, Page 1707 (Chapter 559, AB 107)ê

 

      Sec. 3.  NRS 502.245 is hereby amended to read as follows:

      502.245  1.  The department shall issue any hunting or fishing license or combined hunting and fishing license authorized under the provisions of this chapter, upon proof satisfactory of the requisite facts and payment of the applicable fee, to any person who, as of the date of his application for a license has resided in this state for the 6-month period immediately preceding and:

      (a) Is 65 years of age or older; or

      (b) Has a severe physical handicap . [as defined in the regulations of the commission.]

      2.  The department shall charge and collect for such a:

 

Hunting license.................................................................................... [$2]     $3

Fishing license....................................................................................... [2]        3

Combined hunting and fishing license.............................................. [4]        5

 

      3.  For the purposes of this section, “severe physical handicap” means a physical disability which materially limits the person’s ability to engage in gainful employment.

      Sec. 4.  NRS 502.250 is hereby amended to read as follows:

      502.250  1.  Except as 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....................................................................................             30

Resident elk tag..............................................................................................             75

Resident bighorn tag.....................................................................................             75

Resident mountain goat tag........................................................................            75

Resident mountain lion tag.................................................................... [10]           15

[Nonresident bighorn tag.............................................................................           500

Nonresident mountain lion tag....................................................................          125]

 

      2.  Other resident big game tags for special seasons must not exceed $50. Other nonresident and alien big game tags for special seasons must not exceed [$250.] $1,000.

      3.  Tags determined to be necessary by the commission for other species under NRS 502.130, must not exceed [$10.] $100.

      4.  A fee not to exceed $3 may be charged for processing an application for tags for special seasons.

      5.  The commission may accept sealed bids for or auction one bighorn sheep tag each year. The money received from the bid or auction must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

      Sec. 5.  NRS 502.290 is hereby amended to read as follows:

      502.290  1.  The commission is authorized to issue to those persons serving in the Armed Forces of the United States who are bona fide residents of the State of Nevada fishing or hunting licenses, upon the payment of [$2] $5 for each [such] license, provided those person requesting [such] the licenses are at the time on active duty in the Armed Forces of the United States and are not stationed in the State of Nevada.


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

ê1985 Statutes of Nevada, Page 1708 (Chapter 559, AB 107)ê

 

Armed Forces of the United States and are not stationed in the State of Nevada.

      2.  The commission may require whatever proof it deems necessary to determine whether [or not] such persons come within the provisions of this section.

      3.  Any person who is guilty of giving false information [for the purpose of obtaining] to obtain a license as provided in this section is guilty of a misdemeanor.

      Sec. 6.  NRS 502.300 is hereby amended to read as follows:

      502.300  1.  It is unlawful for any person, except a person under the age of 12 or a person 65 years of age or older, to hunt any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon, unless at the time he is hunting he carries on his person an unexpired state duck stamp validated by his signature in ink across the face of the stamp.

      2.  Unexpired duck stamps must be sold for a fee of [$2] not more than $5 each by the department and by persons authorized by the department to sell hunting licenses. The commission shall establish the price to be charged by the department or agents of the department for expired duck stamps [.] , and the fee for unexpired duck stamps within the limit provided.

      3.  The department shall determine the form of the stamps.

      Sec. 7.  NRS 502.310 is hereby amended to read as follows:

      502.310  All money from the sale of state duck stamps must be deposited [in the] with the state treasurer for credit to the wildlife account in the state general fund. The department shall maintain [a state duck stamp account to permit] separate accounting records for the receipt and expenditure of money from the sale of state duck stamps. An amount not to exceed 10 percent of that money may be used to reimburse the department for the cost of administering the state duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

      Sec. 8.  NRS 502.322 is hereby amended to read as follows:

      502.322  1.  Before the department may undertake any project using money from the sale of state duck [stamp account,] stamps, it shall analyze the project and provide the commission with recommendations as to the need for the project and its feasibility.

      2.  Money [deposited in the] from the sale of state duck [stamp account] stamps must be used for projects approved by the commission for protection and propagation of migratory game birds, and for the acquisition, development and preservation of wetlands in Nevada.

      Sec. 9.  1.  This section and sections 1, 6, 7 and 8 of this act become effective upon passage and approval.

      2.  Sections 2, 3, 4 and 5 of this act become effective on March 1, 1986, except that:

      (a) Any increase in the fee for an exportation permit or trapping license; and


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

ê1985 Statutes of Nevada, Page 1709 (Chapter 559, AB 107)ê

 

      (b) Any new fee for a trapping license,

set forth in section 3 may not be imposed before July 1, 1986.

 

________

 

 

CHAPTER 560, SB 257

Senate Bill No. 257–Committee on Finance

CHAPTER 560

AN ACT relating to retirement benefits; increasing the amount of the maximum benefit for public employees; removing certain restrictions on the employment of a retired employee; authorizing certain retired employees who are reemployed to return all allowances received and earn additional credit for service; authorizing the board of regents of the University of Nevada to pay contributions for employees; requiring the state to pay contributions for legislators at a rate which will ensure the solvency of the system; increasing the number of years of service required for retirement of a legislator; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 286.160 is hereby amended to read as follows:

      286.160  1.  The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an assistant executive officer , investment officer and administrative assistant whose appointments are effective upon confirmation by the board. The assistant executive officer , investment officer and administrative assistant serve at the pleasure of the executive officer.

      2.  The executive officer, assistant executive officer , investment officer and administrative assistant are entitled to annual salaries fixed by the board with the approval of the interim retirement committee of the legislature. The salary of the executive officer is exempt from the limitations of NRS 281.123.

      3.  The executive officer must:

      (a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.

      (b) Possess at least 5 years’ experience in a high level administrative or executive capacity, responsible for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

      4.  The assistant executive officer [must] and the investment officer must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.

      5.  The executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.


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

ê1985 Statutes of Nevada, Page 1710 (Chapter 560, SB 257)ê

 

      Sec. 2.  NRS 286.180 is hereby amended to read as follows:

      286.180  1.  Members of the board are entitled to receive a fee of [$60] $80 per day for:

      (a) Attendance at meetings of the board;

      (b) Any official function directly related to the system which is approved by the board; or

      (c) Necessary travel to attend a meeting of the board or a conference or seminar on retirement or to perform an official function described in paragraph (b).

      2.  Fees and reimbursement for expenses must be paid from the public employees’ retirement administrative fund.

      3.  Fees and reimbursement for expenses must be paid from commitment fees obtained from borrowers whenever the members of the board hold special meetings or perform official functions, as described in paragraph (b) of subsection 1, which are limited solely to mortgage and real estate investments.

      Sec. 3.  NRS 286.300 is hereby amended to read as follows:

      286.300  1.  Any member of the system may purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay [the system’s actuary for a computation of costs and pay] the full actuarial cost as determined by the actuary.

      2.  Any member of the system may purchase credit for any period of service for which contributions were not paid while the member was receiving temporary total disability benefits for an industrial injury, if the injury was sustained on a job for which contributions were required. The member must pay [the system’s actuary for any necessary computation, and must also pay] the full actuarial cost determined by the actuary.

      3.  Any member who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal agency if that service is no longer creditable in another public retirement system. To validate that service, the member must obtain a certification of the inclusive dates of previous service performed with the other public agency, together with certification from that agency that this credit is no longer creditable in another public retirement system. Upon application to retire, the system shall ascertain whether or not the purchased service has been reestablished in any other public retirement system. The member must pay [the system’s actuary for the computation of cost, and pay] the full actuarial cost as determined by the actuary. For the purposes of this subsection, the federal old-age and survivors’ insurance system is not a “public retirement system.”


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

ê1985 Statutes of Nevada, Page 1711 (Chapter 560, SB 257)ê

 

      4.  Any member who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if that service is no longer credited in the military retirement system. To validate military service, the member must provide certification of the inclusive dates of active military service performed [, pay the system’s actuary for the computation of cost,] and pay the full actuarial cost as determined by the actuary.

      5.  Any contributing member may purchase previous service performed for any public employer, including service as an elected officer or a person appointed to an elective office for an unexpired term. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate that service. The member must pay [the system’s actuary for a computation of cost and pay] the full actuarial cost as determined by the actuary.

      6.  A member who participated in a system combined with Social Security may purchase service pursuant to this section if he cancels his membership in the other retirement system, and the fact that Social Security coverage cannot be canceled does not affect his rights under this section. A member may also purchase service performed in another public employment which provided only Social Security coverage.

      Sec. 4.  NRS 286.3005 is hereby amended to read as follows:

      286.3005  1.  A member who provides proper documentation and establishes the right to purchase any of the service listed in NRS 286.300 may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the full actuarial cost based upon the age of the member at the time of purchase. Service purchased under this subsection may not be credited until retirement. This service can be used for service retirement eligibility.

      2.  The employing agency may pay any portion of the cost to validate service under NRS 286.300, but is not required to do so. No credit may be validated unless both the employer and the employee contributions have been paid.

      [3.  The member or public employer, or both, purchasing credit under NRS 286.300 shall pay the full current administrative fees for each month of service purchased.]

      Sec. 5.  NRS 286.367 is hereby amended to read as follows:

      286.367  1.  The volunteers of a regularly organized and recognized fire department may, by the joint application of a majority of those volunteers, addressed to the board, become members of the system. A volunteer fireman who joins a fire department of which all the volunteers have become members of the system becomes a member of the system. The volunteers of a participating fire department may withdraw from the system by the joint application of a majority of those volunteers addressed to the board.

      2.  The city, town, county or district which recognizes [such] the volunteers is the public employer and shall collect and pay over the employee’s share and pay the employer’s share of the contribution to the public employees’ retirement fund and the public employees’ retirement administrative fund, in the manner prescribed in this chapter.


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

ê1985 Statutes of Nevada, Page 1712 (Chapter 560, SB 257)ê

 

the public employees’ retirement fund and the public employees’ retirement administrative fund, in the manner prescribed in this chapter. The local government may, if so requested by the volunteers, further contribute any amount by which the sum receivable by each volunteer for any month is less than the amount of his required share of the contribution, but no such further contributions may be placed in a volunteer’s account with the system or refunded to a volunteer or his employer upon that volunteer’s termination.

      3.  In determining the amount of contributions to be paid for such volunteers, they are assumed to be receiving a wage established by the local government which is not less than $150 nor more than $750 per month.

      4.  The average compensation for a volunteer fireman is the weighted average of:

      (a) The assumed wage as a volunteer fireman; and

      (b) The average salary in other covered employment which, if the service in that employment exceeds 3 years, is calculated upon the 3 highest consecutive years.

The weight given to the assumed wage and average salary, respectively, is proportionate to the length of service in each capacity. Average compensation is computed from the sum of the assumed wage and actual salary if a member is employed simultaneously as a volunteer fireman and as a regular member.

      5.  Any dispute over the status of a person as a volunteer fireman under this section must be conclusively determined by the board.

      6.  A volunteer fireman may purchase all previous service as a volunteer fireman with any volunteer fire department which is a member of the system. To validate such service, the volunteer fireman must pay [the system’s actuary for a computation of costs and pay] the full cost as determined by the actuary. The employing agency may pay the employer’s share of the cost but is not required to do so.

      Sec. 6.  NRS 286.391 is hereby amended to read as follows:

      286.391  1.  A public employee on leave to work for a recognized employee or employer association may remain a member of the system if retirement contributions to the system are continued.

      2.  When an employee on leave continues to be a member of the system, the public employer from whom the employee is on leave shall include the payment of the contributions and all other required information on his regular monthly retirement report as provided in NRS 286.460. The public employer is not required to pay the employer contribution.

      3.  For the purposes of this section, “compensation” shall be deemed to be the salary paid for the position from which the employee is on leave.

      4.  Any member of the system may purchase credit for any period on or after July 1, 1947, for which contributions were not paid, which qualifies under this section. The member must pay [the system’s actuary for any necessary computation, and must also pay] the full actuarial costs determined by the actuary.


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

ê1985 Statutes of Nevada, Page 1713 (Chapter 560, SB 257)ê

 

      Sec. 6.3.  NRS 286.410 is hereby amended to read as follows:

      286.410  1.  The employee contribution rate is 9 percent of compensation for police officers and firemen and 8 percent of compensation for all other members [.] , plus in each case one-half of any increase required by NRS 286.465.

      2.  From each payroll during the period of his membership, the employer shall deduct the amount of the member’s contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board. The contributions must be paid on compensation earned by a member from his first day of service.

      3.  Any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute the additional contributions required of police officers and firemen from July 1, 1971, to the date of his enrollment under the police and firemen’s retirement fund, if employment in this position occurred [prior to] before July 1, 1971, or from date of employment in this position to the date of his enrollment under the police and firemen’s retirement fund, if employment occurs later.

      4.  Except as provided in NRS 286.430, the system shall guarantee to each member the return of at least the total employee contributions which the member has made and which were credited to his individual account. These contributions may be returned to the member, his estate or beneficiary or a combination thereof in monthly benefits, a lump sum refund or both.

      5.  Disabled members who are injured on the job and receive industrial insurance benefits for temporary total disability [shall] remain contributing members of the system for the duration of [such] the benefits if and while the public employer continues to pay the difference between these benefits and his regular compensation. The public employer shall pay the employer contributions on these benefits.

      Sec. 6.5.  NRS 286.421 is hereby amended to read as follows:

      286.421  1.  Beginning July 1, 1985, a participating public employer shall pay on behalf of an employee the contributions required by subsection 1 of NRS 286.410 if:

      (a) The employee is hired after July 1, 1985; or

      (b) The employee’s benefits have vested pursuant to NRS 286.6793.

The employer shall begin paying an employee’s portion of contribution on the date his benefits vest, if they vest after July 1, 1985.

      2.  Except for persons chosen by election or appointment to serve in elective offices of a political subdivision or as district judges of this state, any such payment of the employee’s portion of the contributions must be:

      (a) Made in lieu of equivalent basic salary increases or cost of living increases, or both; or

      (b) Counterbalanced by equivalent reductions in employees’ salaries.

      3.  Except in the case of the elective officers described in subsection 2, the average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately.


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

ê1985 Statutes of Nevada, Page 1714 (Chapter 560, SB 257)ê

 

pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of the elective county officers described in subsection 2, any contribution made by the public employer on their behalf does not affect their compensation but is an added special payment.

      4.  Employee contributions made by a public employer must be deposited in either the public employees’ retirement fund or the police and firemen’s retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.

      5.  The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.

      6.  If an employer is paying the basic contribution on behalf of an employee the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:

      (a) For all employees except police officers and firemen, 15 percent of compensation [.] ; and

      (b) For police officers and firemen, 18 percent of compensation [. Except as provided in subsection 7, a] , plus in each case any increase required by NRS 286.465. A public employer which is paying the basic contribution on behalf of its employees [may,] must, to the extent that the respective percentage rates of the contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of the increase as provided in subsection 2.

      7.  For the purposes of adjusting salary increases and cost of living increases or of salary reduction, the total contribution must be equally divided between employer and employee.

      8.  Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the police and firemen’s retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution. The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:

      (a) Members of the Nevada highway patrol;

      (b) Inspectors or field agents of the motor carrier division of the department of motor vehicles; and

      (c) Firemen in the division of forestry of the state department of conservation and natural resources,

who contribute to the police and firemen’s retirement fund.

      Sec. 6.7.  NRS 286.450 is hereby amended to read as follows:

      286.450  1.  The employer contribution rate is 9 percent of compensation for police officers and firemen and 8 percent of compensation for all other members [.]


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

ê1985 Statutes of Nevada, Page 1715 (Chapter 560, SB 257)ê

 

for all other members [.] , plus in each case one-half of any increase required by NRS 286.465.

      2.  The public employer of any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute the additional contributions required of police officers and firemen from July 1, 1971, to the date of his enrollment under the police and firemen’s retirement fund, if employment in this position occurred [prior to] before July 1, 1971, or from date of employment in this position to the date of his enrollment under the police and firemen’s retirement fund, if employment occurs later.

      Sec. 7.  NRS 286.501 is hereby amended to read as follows:

      286.501  Each member who is employed by a school district for less than 12 months per school year and each member of the professional staff of the University of Nevada System employed for the academic year who is employed for less than 12 months per fiscal year is credited with service as follows:

      1.  Service is credited on the basis of a full year if the member works full time for the full school year.

      2.  Employment for a part of a school year is credited on a ratio of one and one-third days for each day worked, but credit [shall] may not be given in advance or until the appropriate period has expired.

      3.  A full year of service is not credited until the full 12-month period has expired. If the employee begins work under a new contract before the expiration of the 12-month period for the old contract, credit must be granted for the period of overlap, as certified by the school district, at the first period in which there is a lapse in service.

      4.  Service credit under this section [shall] must be computed according to:

      (a) The school year extending from September 1 to August 31 for school district employees.

      (b) The fiscal year for members of the professional staff of the university.

      5.  A member receives full credit while on sabbatical leave if the public employer certifies that the compensation and contributions reported for the member are the same as if he were employed full time. If the employer does not so certify, the member receives credit in the proportion that his actual compensation bears to his previous compensation.

No member may receive less credit under this section than was provided under the law in force when the credit was earned.

      Sec. 7.9.  NRS 286.520 is hereby amended to read as follows:

      286.520  1.  Except as otherwise provided in subsections 4, 5 and 6 and NRS 286.525, the consequences of the employment of a retired employee are:

      (a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:

 


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

ê1985 Statutes of Nevada, Page 1716 (Chapter 560, SB 257)ê

 

receiving any allowances under this system for the duration of that employment or contract if:

             (1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or

             (2) He is employed in a position which is eligible to participate in this system.

      (b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system his allowance under this system terminates upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year, for the duration of that employment or contract.

      (c) If a retired employee accepts employment with an employer who is not a public employer under this system, the employee is entitled to the same allowances as a retired employee who has no employment.

      2.  The retired employee and the public employer shall notify the system:

      (a) Within 10 days after the first day of an employment or contract governed by paragraph (a);

      (b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and

      (c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year from an employment or contract governed by paragraph (b),

of subsection 1.

      3.  For the purposes of this section, the average salary for participating public employees who are not police officers or firemen must be computed on the basis of the most recent actuarial valuation of the system.

      4.  If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member.

      5.  The system may waive for one period of 30 days or less a retired employee’s disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.

      6.  A person who [is employed by] accepts employment or an independent contract with either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 1 and 2 [during the course of the legislative session for which he is employed.] for the duration of that employment or contract.


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

ê1985 Statutes of Nevada, Page 1717 (Chapter 560, SB 257)ê

 

      Sec. 8.  NRS 286.525 is hereby amended to read as follows:

      286.525  1.  A retired employee who accepts employment in a position eligible for membership may enroll in the system as of the effective date of that employment. If he so enrolls:

      (a) He forfeits all retirement allowances for the duration of that employment.

      (b) Upon termination of the employment:

             (1) He is entitled to receive, upon written request, a refund of all contributions made by him during the employment; or

             (2) If he does not request the refund and the duration of the employment was at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. This additional allowance must be added to his original allowance. The additional allowance must be under the same option and designate the same beneficiary as the original allowance.

      2.  The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limit imposed by NRS 286.551.

      3.  A retired employee who has been receiving a retirement allowance for less than 18 months and who is reemployed and enrolls in the system for at least 2 years may elect to return all retirement allowances plus interest from the date of return to employment to the date of repayment and have his additional credit for service added to his previous credit for service. If he chooses to do so, he shall be deemed a continuing employee with a break in service. This election must not apply to more than one period of employment after the original retirement.

      4.  The survivor of a deceased member who had previously retired and was rehired and enrolled in the system, who qualifies for benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible for the benefits based on the service accrued through the second period of employment if the member elected to receive his service retirement allowance without modification.

      Sec. 9.  NRS 286.551 is hereby amended to read as follows:

      286.551  1.  A monthly service retirement allowance must be determined by multiplying a member’s average compensation by 2.5 percent for each year of service, until he becomes eligible to retire, except that:

      (a) If a member who is a police officer or fireman completes 30 years of service before he reaches the age of 50 years, his eligibility for service credit ceases at the age of 50 years.

      (b) If any other member completes 30 years of service before he reaches the age of 55 years, his eligibility for service credit ceases at the age of 55 years.


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

ê1985 Statutes of Nevada, Page 1718 (Chapter 560, SB 257)ê

 

      (c) The maximum allowance under paragraph (a) or (b) is 90 percent of average compensation. [The maximum allowance under any other circumstances is]

      (d) A member who:

             (1) Retired on or after July 1, 1977; or

             (2) Is an active member whose effective date of membership is before July 1, 1985,

and who has 36 years of service is entitled to a benefit of up to 90 percent of his average compensation.

      (e) A member whose effective date of membership is after July 1, 1985, and who has 30 years of service is entitled to a benefit of up to 75 percent of his average compensation.

      2.  For the purposes of this section “average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.

      3.  The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who earns retirement without have completed at least 36 months of consecutive full-time employment.

      4.  The rate of contribution for a member whose effective date of membership is after July 1, 1985, must be adjusted to the actuarially determined rate for all benefits based upon an accrual of service of more than 30 years.

      Sec. 9.5.  NRS 286.592 is hereby amended to read as follows:

      286.592  1.  If a member enters retirement status under one of the optional plans described in NRS 286.590 and the designated beneficiary predeceases the retired employee, the retired employee’s monthly [service] retirement allowance must be automatically adjusted to the unmodified [service] retirement allowance provided in NRS 286.551.

      2.  A retired employee may not change the selected option or designated beneficiary after the effective date of retirement except as provided in subsection 4 [.] and subsection 3 of NRS 286.525.

      3.  A retired employee who selects an unmodified [service] retirement allowance may relinquish his right to that allowance and apply for a refund of his remaining contributions at any time. A retired employee who selects one of the optional plans described in NRS 286.590 may relinquish his right and the right of the beneficiary under that plan and apply for a refund of his remaining contributions at any time. If the designated beneficiary is the spouse of the retired employee, or if the right of the beneficiary is the subject of a court order, the retired employee shall provide an acknowledged release by the beneficiary of any claim against the system or the employee’s contributions when applying for a refund.

      4.  A retired employee may cancel his selected option and designation of beneficiary and revert to the unmodified [service] retirement allowance.


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

ê1985 Statutes of Nevada, Page 1719 (Chapter 560, SB 257)ê

 

allowance. He shall make this election by written designation, acknowledged and filed with the board. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired employee respecting community property.

      5.  The termination or adjustment of a monthly [service] retirement allowance resulting from the death of a retired employee or beneficiary must not become effective until the first day of the month immediately following the death of the retired employee or beneficiary.

      Sec. 10.  NRS 286.620 is hereby amended to read as follows:

      286.620  1.  A member of the system who has 5 years or more of service credit and who becomes totally unable to perform his current job or any comparable job for which he is qualified by his training and experience, because of injury or mental or physical illness of a permanent nature is eligible to apply for disability retirement if:

      (a) Except as provided in subsection 5, his employment will be terminated because of such disability;

      (b) He is in the employ of a participating public employer at the time of application for disability retirement;

      (c) He proves that his disability renders him unable to perform the duties of his present position and of any other position he has held within the past year;

      (d) He files a notarized application for disability retirement with the system which indicates a selection of option and to which is attached a personal statement by the member, describing the disability, the duties which he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source;

      (e) The public employer files an official statement certifying the member’s employment record, job description, work evaluations, record of disability and absences that have occurred because of the disability; and

      (f) The immediate supervisor of the member files an official statement regarding the effect upon the work of the member after the disability, job functions that can and cannot be performed because of the disability, and whether or not there are alternative jobs that can be performed by the member.

      2.  The amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in NRS 286.551, except that no reduction for the member’s age may be made and that the allowance must be reduced by the amount of any other benefit received from any source on account of the same disability:

      (a) If such benefit is provided or was purchased by the expenditure of money by a Nevada public employer; and

      (b) To the extent that the total of the unmodified benefit and the other benefit would otherwise exceed his average compensation.

      3.  A member may apply for disability retirement even if he is eligible for service retirement.

      4.  Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 286.673 only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.


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

ê1985 Statutes of Nevada, Page 1720 (Chapter 560, SB 257)ê

 

only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.

      5.  If a member whose application for disability retirement has been:

      (a) Approved, dies before his employment is terminated, but within 60 days after his application was approved; or

      (b) [Received by the system,] Mailed before his death as indicated by the date of the postmark dated by the post office on the envelope in which it was mailed, dies before the board has acted upon his application and the board approves thereafter his application,

his beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.

      6.  The termination or adjustment of a disability retirement allowance resulting from the death of a recipient of an allowance pursuant to this section must not become effective until the first day of the month immediately following the death of the recipient.

      Sec. 11.  NRS 286.650 is hereby amended to read as follows:

      286.650  1.  Except as provided in subsection 2, whenever a recipient of a disability retirement allowance returns to employment with a participating public employer, the allowance must be discontinued, he shall again become a contributing member of the system and his service credit at time of disability retirement must be restored. His employee contributions, which must be equivalent to his total employee contributions at time of disability less 15 percent of total disability benefits paid, must be returned to his individual member account. The member shall retire under the same retirement plan previously selected for retirement on account of disability if he returns to disability retirement or elects service retirement within 1 year after his return to employment.

      2.  A recipient of a disability retirement allowance may be employed and continue to receive part of this allowance if he applies to the board for approval of the employment before he begins to work and the board approves his application. The application must include:

      (a) A full description of the proposed employment; and

      (b) A statement written by the member declaring the reasons why the proposed employment should not be found to conflict with his disability.

      [3.  Whenever a recipient of a disability retirement allowance is employed pursuant to subsection 2:

      (a) The amount of his allowance must be adjusted. If the total of his gross income from the employment and his disability retirement allowance:

             (1) Does not exceed his average compensation as adjusted by any post-retirement allowances, the system shall deduct $1 from his benefits for each $4 of gross income from the employment.

             (2) Exceeds his average compensation as adjusted by any post-retirement allowances, the system shall deduct $1 from his benefits for each $2 of gross income from the employment.

      (b) All adjustments made pursuant to paragraph (a) must be made on an estimated basis for the period of employment and adjusted to the actual amount annually or at the time he resigns or is discharged from the employment.


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

ê1985 Statutes of Nevada, Page 1721 (Chapter 560, SB 257)ê

 

an estimated basis for the period of employment and adjusted to the actual amount annually or at the time he resigns or is discharged from the employment.

      (c) If the gross income from the employment exceeds his average compensation, as adjusted by any post-retirement allowances, for a period of 1 year, the board shall require a reevaluation of his disability.

      4.  For the purposes of this section:

      (a) “Average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.

      (b) “Employment” includes all employment, whether for a public employer or not, and all self-employment.]

      Sec. 12.  NRS 286.667 is hereby amended to read as follows:

      286.667  1.  A retired employee whose service or disability retirement allowance is payable from the police and firemen’s retirement fund is entitled to receive his [service retirement] allowance without modification.

      2.  Upon the death of such a person, a person who was his spouse both at the time of his retirement and the time of his death is entitled, upon attaining the age of 50 years, to receive a benefit equal to 50 percent of the [service retirement] allowance to which the retired employee was entitled.

      3.  This section does not apply to a person who:

      (a) Begins receiving a service or disability retirement allowance or a benefit from the police and firemen’s retirement fund before July 1, 1981.

      (b) At the time of his retirement, elects one of the alternatives to an unmodified [service] retirement allowance.

      4.  Service performed after July 1, 1981, in positions other than as a police officer or fireman, except military service, may not be credited toward the benefit conferred by this section. A police officer or fireman who has performed service which is not creditable toward this benefit may elect to:

      (a) Select a retirement option other than one permitted by this section;

      (b) Receive the benefit conferred by this section, with a spouse’s benefit reduced by a proportion equal to that which the service which is not creditable bears to his total service; or

      (c) Purchase the additional spouse’s benefit at the time he retires by paying the full actuarial cost as computed for his situation by the actuary of the system.

      5.  The entire cost of the benefit conferred by this section must be paid by the employee. Each employer must adjust the salaries of its employees who are eligible for the benefit to offset its cost to the employer. Employers who adjust salaries pursuant to this subsection do not by doing so violate any collective bargaining agreement or other contract.


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

ê1985 Statutes of Nevada, Page 1722 (Chapter 560, SB 257)ê

 

      Sec. 12.5.  NRS 286.808 is hereby amended to read as follows:

      286.808  1.  The board of regents of the University of Nevada System shall contribute on behalf of each participant an amount equal to [8] 8.5 percent of the participant’s gross compensation during continuance of employment. Each participant shall also contribute [8] 8.5 percent of his gross compensation, but the contributions required by this section shall not be less than those authorized by NRS 286.410 and NRS 286.450. Payment of contributions required by this section [shall] must be made by the disbursing officer for the university to the designated company for the benefit of each participant.

      2.  The board of regents may, on behalf of each participant, pay the contribution required to be paid by the participant in subsection 1. Any such payment must be:

      (a) Made in lieu of an equivalent increase in the basic salary or in the cost of living for the participant, or both; or

      (b) Counterbalanced by an equivalent reduction in the participant’s salary.

      Sec. 13.  NRS 218.2387 is hereby amended to read as follows:

      218.2387  [After July 1, 1967, the] The director of the legislative counsel bureau shall:

      1.  Deduct from the compensation of each legislator an amount equal to 15 percent of the gross compensation earned as a legislator and transmit [such] that amount to the board together with the necessary forms prescribed by the board at intervals designated by the board; and

      2.  Pay to the board from the legislative fund an [equal] amount as the contribution of the State of Nevada as employer [.] which is actuarially determined to be sufficient to provide the system with enough money to pay all benefits for which the system will be liable.

      Sec. 14.  NRS 218.2388 is hereby amended to read as follows:

      218.2388  1.  The minimum requirement for retirement is [8] 10 years of accredited service. A lapse in service as a legislator does not operate to forfeit any retirement rights accrued before the lapse . [, and a legislator with 9 or more years of accredited service may receive an allowance at age 60 years regardless of any lapse after accrual of 9 years of accredited service.]

      2.  A legislator who meets this requirement may retire:

      (a) At the age of 60 years or older with a full allowance.

      (b) At any age less than 60 years with an allowance or benefit actuarially reduced to the age of 60 years. An allowance or benefit under this [subsection] paragraph must be reduced by 6 percent of the unmodified amount for each full year that the member is under the age of 60 years, and an additional 0.5 percent for each additional month that the member is under the age of 60 years. Any option selected must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified allowance or benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.


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

ê1985 Statutes of Nevada, Page 1723 (Chapter 560, SB 257)ê

 

      Sec. 15.  There is hereby appropriated from the state general fund the sum of $23,520 for the support of retirement pensions of district judges and their widows for the period from January 7, 1985, to June 30, 1985. This appropriation is supplemental to that made by section 21 of chapter 453, Statutes of Nevada 1983, at pages 1177 and 1178.

      Sec. 16.  The amendment in section 14 of this act does not apply to a legislator who has credit for service before July 1, 1985.

      Sec. 17.  The public employees’ retirement board shall restore to the recipient any adjustment made to the amount of his benefit pursuant to subsection 3 of NRS 268.650 after December 31, 1984.

      Sec. 18.  NRS 286.415 is hereby repealed.

      Sec. 19.  1.  The amendatory provisions of subsection 2 of section 6.5 of this act are effective retroactively from January 7, 1985.

      2.  The amendatory provisions of section 11 of this act are effective retroactively from January 1, 1984.

      Sec. 20.  Section 5 of this act becomes effective at 12:01 a.m. on July 1, 1985.

 

________

 

 

CHAPTER 561, SB 67

Senate Bill No. 67–Committee on Government Affairs

CHAPTER 561

AN ACT relating to high-level radioactive waste; authorizing the governor to negotiate for an agreement with the United States concerning disposal of such waste; requiring a public hearing and the signatures of the governor and the chairman of the legislative commission to make the agreement effective; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The governor may negotiate with the Secretary of Energy to develop a written agreement pursuant to 42 U.S.C. § 10137(c) as it existed on January 1, 1985. The governor may initiate the negotiations at any time, or at the time required under 42 U.S.C. § 10137(c). The governor shall consult with the legislature, or the legislative commission when the legislature is not in session, and any affected local governments before and during the negotiations.

      2.  The legislative commission shall hold a public hearing on the final agreement before it is signed.

      3.  The agreement is not effective unless signed by the governor and the chairman of the legislative commission.

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

 

________


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

ê1985 Statutes of Nevada, Page 1724ê

 

CHAPTER 562, SB 231

Senate Bill No. 231–Committee on Judiciary

CHAPTER 562

AN ACT relating to gaming; requiring a hearing concerning the appointment of a supervisor; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.310 is hereby amended to read as follows:

      463.310  1.  The board shall make appropriate investigations:

      (a) To determine whether there has been any violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder.

      (b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.

      (c) To aid in adopting regulations.

      (d) To secure information as a basis for recommending legislation relating to this chapter, chapter 464 or chapter 465 of NRS.

      (e) As directed by the commission.

      2.  If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.

      3.  Upon receipt of the complaint of the board, the commission shall review it and all matter presented in support thereof, and [, if satisfied that probable grounds exist for disciplinary or other action,] shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive. [If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.]

      4.  After the provisions of subsections 1, 2 and 3 have been complied with, the commission may:

      (a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;

      (b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;


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

ê1985 Statutes of Nevada, Page 1725 (Chapter 562, SB 231)ê

 

      (c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment; and

      (d) Fine each person or entity , or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:

             (1) Not less than $10,000 nor more than $250,000 for each separate violation of any regulation adopted pursuant to section 1 of Senate Bill No. 452 of the 63rd session of the Nevada legislature which is the subject of an initial or subsequent complaint; or

             (2) Except as otherwise provided in subparagraph 1 of this paragraph, not more than $100,000 for each separate violation of the provisions of this chapter, chapter 464 [,] or chapter 465 of NRS or of the regulations of the commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter, chapter 464 or chapter 465 of NRS or of the regulations of the commission which is the subject of any subsequent complaint. All fines must be paid to the state treasurer for deposit in the state general fund.

      5.  For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of the establishment or person.

      6.  If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.

      7.  Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.

      8.  Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315 to 463.318, inclusive.

      Sec. 2.  NRS 463.690 is hereby amended to read as follows:

      463.690  1.  Except as provided in [subsection 2,] subsections 2 and 4, no licensee may be involved in foreign gaming without the prior approval of the commission, acting upon a recommendation of the board. Any approval granted under this section is a privilege which may be revoked, suspended, conditioned, limited or restricted by the commission at any time.

      2.  Approval of the commission is not required if:

      (a) The licensee does not own more than 5 percent beneficial interest in any class of securities of a corporation incorporated under the laws of any state of the United States which is a publicly traded corporation as defined in NRS 463.487; and

 


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

ê1985 Statutes of Nevada, Page 1726 (Chapter 562, SB 231)ê

 

of any state of the United States which is a publicly traded corporation as defined in NRS 463.487; and

      (b) The licensee is not able to significantly control or influence the corporation.

      3.  If it finds that approval is necessary to effectuate the purposes of this chapter, the commission may, by giving notice of its decision to the licensee, require that a licensee who is otherwise exempt under subsection 2 obtain approval as required by subsection 1.

      4.  The commission may waive, either selectively or by general regulation, one or more of the requirements of NRS 463.680 to 463.720, inclusive, if it makes a written finding that the waiver is consistent with the public policy of this state concerning gaming.

      Sec. 3.  Chapter 463B of NRS is hereby amended by adding thereto a new section to read as follows:

      The commission shall hold a hearing within 15 days after the suspension of a license pursuant to NRS 463.311 regarding the appointment of a supervisor. The commission shall notify the licensee of the meeting and afford the licensee the opportunity to be heard concerning the appointment.

      Sec. 4.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1985.

 

________

 

 

CHAPTER 563, SB 520

Senate Bill No. 520–Committee on Human Resources and Facilities

CHAPTER 563

AN ACT relating to ambulances; expanding the definition; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of Assembly Bill No. 514 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 450B.040 is hereby amended to read as follows:

       450B.040  “Ambulance” means a motor vehicle [designed and used primarily for the transportation of injured or sick persons, including dual purpose law enforcement vehicles and funeral hearses which otherwise come under the provisions of this chapter. “Ambulance” does not include a vehicle designed primarily for rescue operations and which does not ordinarily transport persons upon the streets or highways.] which is specially designed, constructed, equipped and staffed to provide basic, intermediate or advanced care for one or more:

       1.  Sick or injured persons; or

       2.  Persons whose medical condition may require special observation during transportation or transfer.


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

ê1985 Statutes of Nevada, Page 1727 (Chapter 563, SB 520)ê

 

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

 

________

 

 

CHAPTER 564, SB 519

Senate Bill No. 519–Committee on Government Affairs

CHAPTER 564

AN ACT relating to the use of water in certain areas of Washoe County; authorizing the board of county commissioners to impose a tax on certain property to pay the operating expenses of the Regional Water Planning and Advisory Board; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The board of county commissioners of Washoe County may, for the 1985-86 fiscal year, levy a tax upon all taxable property within the county, excluding property located within the Pyramid Lake Indian Reservation and the Reno Indian Colony, in the drainage area naturally tributary to Lake Tahoe, including that lake, and north of the 5th standard parallel, which is the north line of Township 25 North, M.D.B. & M., at a rate, not to exceed one-half cent on each $100 of assessed valuation, which will produce only the amount necessary, when combined with the other revenues of the board, to pay the expenses of the board for its operation during the fiscal year 1985-1986.

      2.  The tax imposed pursuant to subsection 1 must be collected in the same manner as other taxes collected by the county.

      3.  The proceeds of the tax imposed pursuant to subsection 1 must be used to carry out the purposes of Senate Bill No. 196 of this session for that fiscal year.

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

 

________

 

 

CHAPTER 565, SB 252

Senate Bill No. 252–Senators Ryan and O’Connell

CHAPTER 565

AN ACT relating to property taxes; requiring each county to cause to be published a notice to property owners of proposed tax rates before hearings are held to adopt final budgets; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

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 the provisions set forth as sections 2 and 3 of this act.


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

ê1985 Statutes of Nevada, Page 1728 (Chapter 565, SB 252)ê

 

      Sec. 2.  1.  Upon receipt of the tentative budgets submitted pursuant to NRS 354.596, the county auditor shall ascertain, separately for each property owner whose property taxes are affected by one or more of the tentative budgets, the following information:

      (a) The assessed valuation of his property for the current and ensuing fiscal years;

      (b) The combined tax rate which applied to his property in the current fiscal year and the proposed combined tax rate for the ensuing fiscal year;

      (c) The percentage of increase or decrease, if any, of the combined tax rate for his property proposed for the ensuing fiscal year as compared to the combined tax rate for the current fiscal year;

      (d) The amount of tax collected on his property in the current fiscal year and the amount of tax to be collected on his property for the ensuing fiscal year, computed on the basis of the proposed combined tax rate;

      (e) The respective amounts of his taxes which will be disbursed to each local government, for debt service and to any other recipient of the tax revenue, presented so as to show the distribution of the total amount of the taxes to be collected from him; and

      (f) The percentage of increase or decrease, if any, of each amount shown pursuant to paragraph (e) as compared to the corresponding amount for the current fiscal year.

      2.  For the purposes of subsection 1, the county auditor shall apply the information contained in each tentative budget to the assessment roll to determine the tax rate necessary to produce the revenue required for each budget and compute a proposed combined tax rate for each property owner. He shall use the tax rate for the current fiscal year for any tentative budget which was not submitted. For each property owner, he shall make available upon request the information ascertained for each of paragraphs (a) to (d), inclusive, and paragraph (f) of subsection 1, and for paragraph (e) an itemized list whose total equals the amount for the ensuing year under paragraph (d).

      3.  The county auditor shall deliver the information required pursuant to this section to the ex officio tax receiver:

      (a) On or before March 25 of each year; and

      (b) Within 10 days after the receipt of an amended tentative budget.

      Sec. 3.  1.  On or before April 5 of each year or within 5 days after receiving the projections of revenue from the department, whichever is later, the ex officio tax receivers shall prepare and cause to be published in a newspaper of general circulation in their respective counties, a notice which contains at least the information required by paragraphs (a) to (e), inclusive:

      (a) A statement that the notice is not a bill for taxes owed but an informational notice. The notice must state:

             (1) That public hearings will be held on the dates listed in the notice to adopt budgets and tax rates for the fiscal year beginning on July 1;

 


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

ê1985 Statutes of Nevada, Page 1729 (Chapter 565, SB 252)ê

 

notice to adopt budgets and tax rates for the fiscal year beginning on July 1;

             (2) That the purpose of the public hearings is to receive opinions from members of the public on the proposed budgets and tax rates before final action is taken thereon; and

             (3) The tax rate to be imposed by the county and each political subdivision within the county for the ensuing fiscal year if the tentative budgets which affect the property in those areas become final budgets.

      (b) A brief description of the limitation imposed by the legislature on the revenue of the local governments.

      (c) The dates, times and locations of all of the public hearings on the tentative budgets which affect the taxes on property.

      (d) The names and addresses of the county assessor and ex officio tax receiver who may be consulted for further information.

      (e) A brief statement of how property is assessed and how the combined tax rate is determined.

The notice must be displayed in the format used for news and must be printed on at least one-half of a page of the newspaper.

      2.  Each ex officio tax receiver shall prepare and cause to be published in a newspaper of general circulation within the county a notice, displayed in the format used for news and printed in not less than 8-point type, disclosing any increase in the property taxes as a result of any change in the tentative budget. This notice must be published within 10 days after the receipt of the information pursuant to NRS 354.596.

      Sec. 4.  NRS 354.596 is hereby amended to read as follows:

      354.596  1.  On or before March 15 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the department of taxation for the use of local governments, a tentative budget and a copy of the local government’s report of its proposed expenditures for the following fiscal year for the ensuing fiscal year. The tentative budget must be submitted to the county auditor and filed for public record and inspection in the office of:

      (a) The clerk or secretary of the governing body; and

      (b) The county clerk. The report must be written in the same detail as its chart of accounts. The total amount of the expenditures contained in this report equal the total amount of expenditures contained in its tentative budget for each department and fund listed in that budget.

      2.  At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days before the date set for the hearing. The notice of public hearing must state:

      (a) The time and place of the public hearing.

      (b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the department of taxation.


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

ê1985 Statutes of Nevada, Page 1730 (Chapter 565, SB 252)ê

 

      (c) The places where copies of the tentative budget are on file and available for public inspection.

      3.  Budget hearings must be held:

      (a) For county budgets, on the 3rd Monday in April;

      (b) For cities, on the 3rd Tuesday in April;

      (c) For school districts, on the 3rd Wednesday in April; and

      (d) For all other local governments, on the 3rd Thursday in April; except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.

      4.  On or before March 15, a copy of the tentative budget and notice of public hearing must be submitted:

      (a) To the department of taxation; and

      (b) In the case of school districts, to the state department of education.

      5.  The department of taxation shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days before the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice must indicate the manner in which the submitted documents fail to comply with law or appropriate regulations.

      6.  Whenever the governing body receives from the department of taxation a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.

      7.  If any change which results in an increase in the amount of revenue required from property taxes is made in a tentative budget after it has been submitted to the county auditor pursuant to subsection 1, the amended tentative budget must be submitted to the county auditor at least 30 days before it may be adopted as the final budget.

 

________

 

 

CHAPTER 566, SB 522

Senate Bill No. 522–Committee on Finance

CHAPTER 566

AN ACT relating to public employees; providing for a single payment as an incentive for continued service to employees of the state, county school districts and the University of Nevada System; making appropriations from the state general fund, state highway fund and state distributive school fund; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

      whereas, The financial condition of the state in 1983 prevented the 62nd session of the legislature from providing any substantial increase in the compensation of public employees; and

      whereas, This fact makes it appropriate to consider, at this session only, special treatment for public employees who have remained in service; and

 


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

ê1985 Statutes of Nevada, Page 1731 (Chapter 566, SB 522)ê

 

only, special treatment for public employees who have remained in service; and

      whereas, The legislature considers it sound public policy that all future changes in the compensation of public employees be made prospectively, to take effect in the fiscal year or years following enactment; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the state board of examiners the sum of $4,681,922 to meet any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, including the judicial branch of government, as fixed by the 62nd and 63rd sessions of the legislature and the money required to provide to the classified personnel of those departments, commissions and agencies a single payment as an incentive for continued service.

      2.  There is hereby appropriated from the state highway fund to the state board of examiners the sum of $701,183 to meet any deficiencies which may be created between the appropriated money of the department of motor vehicles and the public service commission of Nevada as fixed by the 62nd and 63rd sessions of the legislature and the money required to provide to the classified personnel of that department and commission a single payment as an incentive for continued service.

      Sec. 2.  1.  In addition to the distributions provided for in section 5 of chapter 596, Statutes of Nevada 1983, at page 1908, and section 23 of chapter 604, Statutes of Nevada 1983, at page 1953, the sum of $13,840,775 is hereby appropriated from the state distributive school fund to the department of education to provide a single payment as an incentive for continued service for the employees of the various school districts.

      2.  Before a school district is entitled to receive the increased distribution provided by subsection 1, it must certify to the state board of education that the increased distribution will be used only to make the payments authorized by this act to the employees of the district.

      3.  There is hereby appropriated from the state general fund to the state board of examiners the sum of $1,245,141 to meet any deficiencies which may be created between the appropriated money of the University of Nevada System as fixed by the 62nd and 63rd sessions of the legislature and the money required to provide to the classified personnel of the University of Nevada System a single payment as an incentive for continued service.

      4.  There is hereby appropriated from the state general fund to the state board of examiners the sum of $781,716 to meet any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the state of Nevada, including the judicial branch of government, as fixed by the 62nd and 63rd sessions of the legislature and the money required to provide to the unclassified personnel of those departments, commissions and agencies a single payment as an incentive for continued service.


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

ê1985 Statutes of Nevada, Page 1732 (Chapter 566, SB 522)ê

 

unclassified personnel of those departments, commissions and agencies a single payment as an incentive for continued service.

      5.  There is hereby appropriated from the state highway fund to the state board of examiners the sum of $46,844 to meet any deficiencies which may be created between the appropriated money of the department of motor vehicles, the appropriate unclassified employees of the attorney general’s office and the public service commission of Nevada as fixed by the 62nd and 63rd sessions of the legislature and the money required to provide to the unclassified personnel of that department, commission and office a single payment as an incentive for continued service.

      6.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies of the state of Nevada from the appropriate money appropriated by this section and section 1 of this act such sums of money as may be required, which when added to the money otherwise appropriated or available, to equal the amount of money required to make the payments authorized by this act.

      7.  The state department of education shall allocate the sums appropriated in subsection 1 to the various school districts for the actual costs of the payments authorized by this act only. Any appropriation in excess of the amounts necessary to meet the actual costs of those payments reverts to the state general fund on December 31, 1985.

      Sec. 3.  There is hereby appropriated from the state general fund to the University of Nevada System the sum of $2,433,097 to provide to the professional personnel of the University System a single payment as an incentive for continued service.

      Sec. 4.  There is hereby appropriated from the state general fund to the legislative fund the sum of $219,511 to provide a single payment as an incentive for continued service to the employees of the legislative counsel bureau and legislative interim operations.

      Sec. 5.  The director of the department of administration may adjust or augment the work programs of the various departments, commissions and agencies of the State of Nevada in order to allocate the money appropriated to the state board of examiners in section 1 of this act or money available from any other source to provide for the payments authorized by this act.

      Sec. 6.  1.  The single payment as an incentive for continued service for which money is appropriated by sections 1 to 4, inclusive, of this act must be paid to each person who is employed on July 1, 1985:

      (a) By the University of Nevada System in a classified position, or by the state in any position in an amount equal to approximately 6½ percent; and

      (b) By the University of Nevada System in any other position, or by a county school district in any position, in an amount equal to approximately 5 percent,

of the gross base salary he was paid in the fiscal year 1984-1985 excluding all overtime and any other payments in excess of his base salary.


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

ê1985 Statutes of Nevada, Page 1733 (Chapter 566, SB 522)ê

 

excluding all overtime and any other payments in excess of his base salary.

      2.  An employee of a school district or the University of Nevada System who is employed on a contractual basis or whose period of employment coincides with the school year is eligible for the payment if he was employed by the district or system during the fiscal year 1984-1985 and has renewed his contract of employment or is to be reemployed for the school year 1985-1986.

      3.  The gross base salary of a person whose employee contributions to the public employees retirement system are paid by his employer shall be deemed to be the amount his gross base salary would be if his employee contributions were not being paid by his employer.

      Sec. 7.  1.  The payments authorized by this act do not constitute salary for the purpose of computing retirement contributions by the employee or employer pursuant to chapter 286 of NRS, premiums paid by the employer pursuant to chapter 616 of NRS or any other such additional charge which is based upon the salary of an employee.

      2.  The payments authorized by this act must not be included as salary in the calculation of retirement benefits for employees.

      Sec. 8.  For accounting purposes only for the various state departments, commissions and agencies the payments authorized by this act are effective June 30, 1985.

      Sec. 9.  Any of the amounts appropriated by sections 1 and 3 and subsections 3, 4 and 5 of section 2 of this act which are not required to meet the cost of the payments authorized by this act for those employees revert to the fund from which they were appropriated on December 31, 1985.

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

 

________

 

 

CHAPTER 567, SB 191

Senate Bill No. 191–Committee on Finance

CHAPTER 567

AN ACT relating to the Tahoe Regional Planning Agency; requiring the agency to report certain expenditures to the subcommittee of the legislative commission, to consider employing a full-time attorney and to investigate funding for the evaluation of lots; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Tahoe Regional Planning Agency the sum of $556,664 to be used as follows:

 

For the evaluation of individual lots.......................................................      $256,667

For the legal expenses of the agency......................................................        216,666

For various studies and a program to inform the public......................     83,331


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

ê1985 Statutes of Nevada, Page 1734 (Chapter 567, SB 191)ê

 

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the Tahoe Regional Planning Agency for allocation to the Tahoe Regional Transportation District the sum of $30,000.

      2.  There is hereby appropriated from the state general fund to the interim finance committee for allocation to the Tahoe Regional Planning Agency the sum of $30,000 for the agency’s subsequent allocation to the Tahoe Regional Transportation District. The allocation by the interim finance committee to the agency is contingent upon California’s participation in this program during fiscal year 1986-1987.

      Sec. 3.  1.  The Tahoe Regional Planning Agency shall submit quarterly to the legislative commission’s subcommittee to review the activities of the Tahoe Regional Planning Agency a report of its planned and actual expenditures for each item for which an appropriation is made in section 1 of this act.

      2.  The legislative commission’s subcommittee shall report quarterly to the interim finance committee the results of its review made pursuant to subsection 1.

      Sec. 4.  In order for the Tahoe Regional Planning Agency to have access to an attorney on a daily basis and to provide the continuity of services required by the lengthy litigation in which the agency is involved, it shall consider employing its own legal counsel on a full-time basis.

      Sec. 5.  1.  The Tahoe Regional Planning Agency shall investigate the feasibility of funding the evaluation of individual lots using fees charged to the owners of lots or to the counties in which the lots are located.

      2.  The Tahoe Regional Planning Agency shall report the results of its investigation to the legislative commission’s subcommittee to review the Tahoe Regional Planning Agency on or before December 31, 1985.

      Sec. 6.  Any remaining balance of the sums appropriated by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  This act becomes effective upon passage and approval.

 

________


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

ê1985 Statutes of Nevada, Page 1735ê

 

CHAPTER 568, AB 183

Assembly Bill No. 183–Committee on Health and Welfare

CHAPTER 568

AN ACT relating to facilities for treatment and care; redesignating certain facilities; expanding the scope of regulation by the state board of health; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  “Board” means the state board of health.

      Sec. 3.  “Facility for the dependent” includes a facility for the treatment of abuse of alcohol or drugs, facility for the care of adults during the day or residential facility for groups.

      Sec. 4.  “Facility for the treatment of irreversible renal disease” means a facility that is not part of a hospital and which provides peritoneal dialysis or hemodialysis or trains a person with a permanent irreversible renal impairment to perform dialysis for himself.

      Sec. 5.  “Independent center for emergency medical care” means a facility, structurally separate and distinct from a hospital, which provides limited services for the treatment of a medical emergency.

      Sec. 6.  “Obstetric center” means a facility that is not part of a hospital and provides services for normal, uncomplicated births.

      Sec. 7.  “Psychiatric hospital” means a hospital for the diagnosis, care and treatment of mental illness which provides 24-hour residential care.

      Sec. 8.  “Rural clinic” means a facility located in an area that is not designated as an urban area by the Bureau of the Census, where medical services are provided by a physician’s assistant or an advanced practitioner of nursing under the supervision of a licensed physician.

      Sec. 9.  An independent center to provide emergency medical care shall not be operated unless a physician and registered nurse are on the premises.

      Sec. 10.  An obstetric center must:

      1.  Provide sufficient space for members of the family of the pregnant woman and other persons chosen by the woman to assist her with the birth; and

      2.  Have obstetrical services available to meet the needs of an acute patient.

      Sec. 11.  The board may adopt regulations requiring the licensing of a facility other than those required to be licensed pursuant to NRS 449.001 to 449.240, inclusive, and sections 2 to 11, inclusive, of this act, if the:

      1.  Facility provides any type of medical care or treatment; and

      2.  Regulation is necessary to protect the health of the general public.


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

ê1985 Statutes of Nevada, Page 1736 (Chapter 568, AB 183)ê

 

      Sec. 12.  NRS 449.001 is hereby amended to read as follows:

      449.001  As used in [NRS 449.001 to 449.248, inclusive,] this chapter unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, and sections 2 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 13.  NRS 449.002 is hereby amended to read as follows:

      449.002  [“Alcohol or drug treatment facility”] “Facility for the treatment of abuse of alcohol or drugs” means any public or private [institution, except an educational institution, which is engaged in education concerning alcohol or drug abuse, prevention of the abuse and treatment,] establishment which provides residential treatment, including mental and physical restoration, of [alcohol or drug abusers] abusers of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources, pursuant to subsection 3 of NRS 458.025. [The term “alcohol or drug treatment facility”] It does not include a medical facility or services offered by volunteers or voluntary organizations.

      Sec. 14.  NRS 449.0022 is hereby amended to read as follows:

      449.0022  [“Ambulatory surgical center”] “Surgical center for ambulatory patients” means a facility [without inpatient beds but] with limited [hospital] medical services available for diagnosis or treatment of patients by surgery under anesthesia, where the patients’ recovery, in the concurring opinions of the surgeon and anesthesiologist, will not require [inpatient care.] care as a patient in the facility for more than 24 hours.

      Sec. 15.  NRS 449.004 is hereby amended to read as follows:

      449.004  [“Day care facility for adults”] “Facility for the care of adults during the day” means an establishment operated and maintained [for the purpose of providing] to provide care during the day on a temporary or permanent basis for [ambulatory] aged or infirm persons.

      Sec. 16.  NRS 449.005 is hereby amended to read as follows:

      449.005  1.  Except as otherwise provided in subsection 2, [“group care facility”] “residential facility for groups” means an establishment operated and maintained for the purpose of furnishing food, shelter [and personal care or services other than nursing care] , assistance and limited supervision to:

      (a) Any ambulatory aged, infirm, mentally retarded or handicapped person unrelated to the person operating the facility; or

      (b) Four or more females during pregnancy or after delivery, who are unrelated to the person operating the facility.

      2.  The term does not include any establishment which provides care only during the day or any natural person who provides care, not for profit, for fewer than four persons in his own home.

      Sec. 17.  NRS 449.007 is hereby amended to read as follows:

      449.007  [“Health and care facility” includes alcohol or drug treatment facility, ambulatory surgical center, day care facility for adults, group care facility, home health agency, intermediate care facility, skilled nursing facility, hospice and hospital.]


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

ê1985 Statutes of Nevada, Page 1737 (Chapter 568, AB 183)ê

 

adults, group care facility, home health agency, intermediate care facility, skilled nursing facility, hospice and hospital.] “Medical facility” includes:

      1.  A surgical center for ambulatory patients;

      2.  An obstetric center;

      3.  An independent center for emergency medical care;

      4.  An agency to provide nursing in the home;

      5.  A facility for intermediate care;

      6.  A facility for skilled nursing;

      7.  A hospice;

      8.  A hospital;

      9.  A psychiatric hospital;

      10.  A facility for the treatment of irreversible renal disease; and

      11.  A rural clinic.

      Sec. 18.  NRS 449.0095 is hereby amended to read as follows:

      449.0095  [“Home health agency” means an agency operated by] “Agency to provide nursing in the home” means any person or [agency of state or local government] governmental organization which provides in the home, through its employees [,] or by contractual arrangement with other persons, skilled nursing [services] and assistance and training in health and housekeeping skills.

      Sec. 19.  NRS 449.0115 is hereby amended to read as follows:

      449.0115  “Hospice” means an establishment which is staffed and equipped to:

      1.  Provide care, either in the home or in a facility, or both, for persons who are terminally ill and do not want or require the full services of a hospital or [skilled nursing facility;] facility for skilled nursing;

      2.  Offer medical services under the direction of a physician [and a 24-hour professional nursing staff;] with a staff of professional nurses available 24 hours each day; and

      3.  Provide, directly or by arrangement, social, psychological or spiritual services for the patient and his family.

      Sec. 20.  NRS 449.012 is hereby amended to read as follows:

      449.012  “Hospital” means an establishment [staffed and equipped to provide for diagnosis, care and treatment of all stages of human illness, and which provides 24-hour professional nursing service under the direction of physicians.] for the diagnosis, care and treatment of human illness, including care available 24 hours each day from persons licensed to practice professional nursing who are under the direction of a physician, services of a medical laboratory and medical, radiological, dietary and pharmaceutical services.

      Sec. 21.  NRS 449.014 is hereby amended to read as follows:

      449.014  [“Intermediate care facility”] “Facility for intermediate care” means an establishment operated and maintained [for the purpose of providing] to provide 24-hour personal and [health care supervision, plus 24-hour awake] medical supervision, for four or more [individuals] persons who do not have illness, disease, injury or other [conditions] condition that would require the degree of care and treatment which a hospital or [skilled nursing facility] facility for skilled nursing is designed to provide.


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

ê1985 Statutes of Nevada, Page 1738 (Chapter 568, AB 183)ê

 

which a hospital or [skilled nursing facility] facility for skilled nursing is designed to provide.

      Sec. 22.  NRS 449.018 is hereby amended to read as follows:

      449.018  1.  [“Skilled nursing facility”] “Facility for skilled nursing” means an establishment [with] which provides continuous skilled nursing [service, under medical direction] and related care, as prescribed by a physician [, which provides inpatient care to convalescent patients] to a patient in the facility who is not in an acute episode of illness [.

      2.  “Skilled nursing facility” includes those facilities referred to as “extended care facilities.”

      3.  Skilled nursing facility”] and whose primary need is the availability of such care on a continuous basis.

      2.  “Facility for skilled nursing” does not include a facility which meets the requirements of a general or any other special hospital . [pursuant to NRS 449.021.]

      Sec. 23.  NRS 449.026 is hereby amended to read as follows:

      449.026  The name, sign, listing or other designation of a [health and care facility shall] medical facility or facility for the dependent must not contain any terms misleading to the public with regard to the services offered.

      Sec. 24.  NRS 449.030 is hereby amended to read as follows:

      449.030  No person, state or local government [unit] or agency thereof [shall] may operate or maintain in this state any [health and care facility] medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive [.] , and sections 2 to 11, inclusive, of this act.

      Sec. 25.  NRS 449.035 is hereby amended to read as follows:

      449.035  A [skilled nursing facility or an intermediate care facility] facility for skilled nursing or facility for intermediate care licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive, [shall] and sections 2 to 11, inclusive, of this act, may not be operated except under the supervision of a nursing facility administrator licensed under the provisions of chapter 654 of NRS.

      Sec. 26.  NRS 449.037 is hereby amended to read as follows:

      449.037  1.  The [state board of health] board shall adopt:

      (a) Licensing standards for each class of [health and care facility] medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, [after considering any recommendations the health facilities advisory council may make.

      (b) Rules and regulations] and sections 2 to 11, inclusive, of this act.

      (b) Regulations governing the licensing of such [institutions, after considering any recommendations the health facilities advisory council may make.] facilities.

      (c) Such other [rules and] regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive [.] and sections 2 to 11, inclusive, of this act.

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


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

ê1985 Statutes of Nevada, Page 1739 (Chapter 568, AB 183)ê

 

and policies of each [health and care facility must] medical facility or facility for the dependent provide adequately for the protection of the health, safety [,] and physical, moral and mental well-being of each [individual] person accommodated in the facility.

      Sec. 27.  NRS 449.040 is hereby amended to read as follows:

      449.040  Any person, state or local government [unit] or agency thereof desiring a license under the provisions of NRS 449.001 to 449.240, inclusive, [shall] and sections 2 to 11, inclusive, of this act, must file with the health division an application on a form prescribed, prepared and furnished by the health division, containing:

      1.  The name of the applicant and, if [an individual,] a natural person, whether the applicant has attained the age of 21 years.

      2.  The type of facility to be operated.

      3.  The location of the facility.

      4.  In specific terms, the nature of services and type of care to be offered, as defined in the [licensing] regulations.

      5.  The [service delivery capacity.

      6.  The] number of beds authorized [.

      7.] by the director of the department of human resources.

      6.  The name of the person in charge of the facility.

      [8.] 7.  Such other information as may be required by the health division for the proper administration and enforcement of NRS 449.001 to 449.240, inclusive [.

      9.] , and sections 2 to 11, inclusive, of this act.

      8.  Evidence satisfactory to the health division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, [like evidence shall] similar evidence must be submitted as to the members thereof, and the person in charge of the facility for which application [for license] is made. If the applicant is a political subdivision of the state or other governmental agency, [like evidence shall] similar evidence must be submitted as to the person in charge of the institution for which application is made.

      [10.] 9.  Evidence satisfactory to the health division of the ability of the applicant to comply with the provisions of NRS 449.001 to 449.240, inclusive, and sections 2 to 11, inclusive, of this act, and [of standards, rules and regulations promulgated thereunder by the health division.] the standards and regulations adopted by the board.

      Sec. 28.  NRS 449.050 is hereby amended to read as follows:

      449.050  Each application for a license [shall] must be accompanied by such fee as may be determined by regulation of the [state board of health.] board.

      Sec. 29.  NRS 449.060 is hereby amended to read as follows:

      449.060  Each license issued [under] pursuant to NRS 449.001 to 449.240, inclusive, [shall expire 1 year from the date of its issuance and shall be renewed for a period not to exceed 1 year from the date of expiration, upon reapplication and determination by the health division of satisfactory compliance] and sections 2 to 11, inclusive, of this act, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of the fee provided in NRS 449.040 and 449.050 unless the health division finds, after an investigation, that the facility has not:

 


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

ê1985 Statutes of Nevada, Page 1740 (Chapter 568, AB 183)ê

 

expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of the fee provided in NRS 449.040 and 449.050 unless the health division finds, after an investigation, that the facility has not:

      1.  Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, [and with the standards, rules and regulations promulgated thereunder.] and sections 2 to 11, inclusive, of this act, or the standards and regulations adopted by the board; or

      2.  Obtained the approval of the director of the department of human resources before undertaking one of the projects enumerated in NRS 439A.100.

      Sec. 30.  NRS 449.070 is hereby amended to read as follows:

      449.070  The provisions of NRS 449.001 to 449.240, inclusive, and sections 2 to 11, inclusive, of this act, do not apply to:

      1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, but such a facility must comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

      2.  Foster homes as defined in NRS 424.010.

      3.  Any [health and care facility] medical facility or facility for the dependent operated and maintained by the United States Government or [a duly authorized] an agency thereof.

      Sec. 31.  NRS 449.080 is hereby amended to read as follows:

      449.080  1.  If, after investigation, the health division finds that the applicant is in full compliance with the provisions of NRS 449.001 to 449.240, inclusive, and sections 2 to 11, inclusive, of this act, and [the standards, rules and regulations promulgated thereunder,] substantial compliance with the standards and regulations adopted by the board and, if it has undertaken a project enumerated in NRS 439A.100 and has obtained the approval of the director of the department of human resources, the division shall issue the license to the applicant . [the license applied for.]

      2.  A license [so issued shall be in effect for 1 year from the date of issuance.

      3.  A license shall apply] applies only to the person [named therein and shall be] to whom it is issued and is valid only for the premises described [therein, and shall not be] in the license and is not transferable.

      Sec. 32.  NRS 449.091 is hereby amended to read as follows:

      449.091  1.  The health division may cancel the license of a medical facility or facility for the dependent and issue a provisional license, effective for a period [of time not exceeding 1 year, to a health and care facility which:] determined by the health division, to such a facility if it:

      (a) Is in operation at the time of [promulgation of standards, rules and] the adoption of standards and regulations pursuant to the provisions of NRS 449.001 to 449.240, inclusive, [if] and sections 2 to 11, inclusive, of this act, and the health division determines that the facility requires a reasonable time under the particular circumstances [, not to exceed 1 year from the date of such promulgation,] within which to comply with [such standards, rules] the standards and regulations; or

 


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

ê1985 Statutes of Nevada, Page 1741 (Chapter 568, AB 183)ê

 

and] the adoption of standards and regulations pursuant to the provisions of NRS 449.001 to 449.240, inclusive, [if] and sections 2 to 11, inclusive, of this act, and the health division determines that the facility requires a reasonable time under the particular circumstances [, not to exceed 1 year from the date of such promulgation,] within which to comply with [such standards, rules] the standards and regulations; or

      (b) Has failed to comply with [such standards, rules and regulations, if] the standards or regulations and the health division determines that the facility is in the process of making the necessary changes or has agreed to [effect such] make the changes within a reasonable time.

      2.  The provisions of subsection 1 do not require the issuance of a license or prevent the health division from refusing to renew or from revoking or suspending any license [in any instance] where the health division deems such action necessary for the health and safety of the occupants of any [such] facility.

      Sec. 33.  NRS 449.140 is hereby amended to read as follows:

      449.140  1.  Money received from licensing [health and care facilities shall] medical facilities and facilities for the dependent must be forwarded to the state treasurer for deposit in the state general fund.

      2.  The health division shall enforce the provisions of NRS 449.001 to 449.245, inclusive, and sections 2 to 11, inclusive, of this act, and may incur any necessary expenses not in excess of [state and federal] money appropriated for that purpose [.] by the state or received from the Federal Government.

      Sec. 34.  NRS 449.150 is hereby amended to read as follows:

      449.150  The health division may:

      1.  Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a [health and care facility. Such] medical facility or a facility for the dependent. The facility is subject to inspection and approval as to [fire safety standards,] standards for safety from fire, on behalf of the health division, by the state fire marshal . [or his designate.]

      2.  Upon receipt of a complaint against a medical facility or facility for the dependent, except for a complaint concerning the cost of services, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that facility or any other medical facility or facility for the dependent which may have information pertinent to the complaint.

      3.  Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.001 to 449.245, inclusive [.] , and sections 2 to 11, inclusive, of this act.

      Sec. 35.  NRS 449.170 is hereby amended to read as follows:

      449.170  1.  When the health division [denies, suspends or revokes a health and care facility license, the division shall afford] intends to deny, suspend or revoke a license, it shall give reasonable notice to all parties by certified mail .


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

ê1985 Statutes of Nevada, Page 1742 (Chapter 568, AB 183)ê

 

parties by certified mail . [, which notice shall] The notice must contain the legal authority, jurisdiction and reasons for the action taken.

      [2.  The aggrieved person may file notice of appeal with the state health officer within 10 calendar days after receipt of notice of action of the health division.

      3.  Within 20 calendar days after the receipt of the notice of appeal by the state health officer, the health division shall hold a hearing.

      4.  Notice of the hearing shall be given no less than 5 days prior to the date set for the hearing.] Notice is not required if the health division finds that the public health requires immediate action. In that case, it may order a summary suspension of a license pending proceedings for revocation or other action.

      2.  If a person wants to contest the action of the health division, he must file an appeal pursuant to regulations adopted by the board.

      3.  Upon receiving notice of an appeal, the health division shall immediately hold a hearing.

      Sec. 36.  NRS 449.191 is hereby amended to read as follows:

      449.191  1.  A hospital or other [health care] medical facility licensed under the provisions of this chapter which is not operated by the state or a local government or an agency of either is not required to permit the use of its facilities for the induction or performance of an abortion, except in a medical emergency.

      2.  Such refusal does not give rise to a cause of action in favor of any person.

      Sec. 37.  NRS 449.210 is hereby amended to read as follows:

      449.210  Any person who operates a [health and care facility] medical facility or facility for the dependent without a license issued by the health division is guilty of a misdemeanor.

      Sec. 38.  NRS 449.230 is hereby amended to read as follows:

      449.230  Any [duly] authorized member or employee of the health division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.001 to 449.245, inclusive [.] , or sections 2 to 11, inclusive, of this act.

      Sec. 39.  NRS 449.235 is hereby amended to read as follows:

      449.235  Every licensed [health and care facility] medical facility or facility for the dependent may be inspected at any time, with or without notice, as often as is necessary [:

      1.  By the] by:

      1.  The health division to assure that there is compliance with all applicable [rules,] regulations and standards; and

      2.  [By any] Any person designated by the aging services division of the department of human resources to investigate complaints made against [health and care facilities.] the facility.

      Sec. 40.  NRS 449.248 is hereby amended to read as follows:

      449.248  [A home health agency may also provide services in the home which include:] An agency to provide nursing in the home shall, in addition to skilled nursing, provide at least one of the following services:

 


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

ê1985 Statutes of Nevada, Page 1743 (Chapter 568, AB 183)ê

 

in addition to skilled nursing, provide at least one of the following services:

      1.  Speech or occupational therapy;

      2.  Guidance regarding nutrition or vocations; [or]

      3.  Physical therapy;

      4.  Pharmaceutical services; or

      5.  Other social or medical services . [,

through its employees or by contractual arrangement with other persons.]

      Sec. 41.  NRS 449.260 is hereby amended to read as follows:

      449.260  As used in NRS 449.250 to 449.430, inclusive:

      1.  “Community mental health center” means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community [or communities] in or near which the facility is situated.

      2.  “Construction” includes construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings (including medical transportation facilities), including architects’ fees, but excluding the cost of offsite improvements and, except with respect to public health centers, the cost of the acquisition of the land.

      3.  “Facility for the mentally retarded” means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded.

      4.  “Federal Act” means 42 U.S.C. §§ 291 to 291o-1 , inclusive, and 300k to 300t, inclusive, and any other federal law providing for or applicable to the provision of assistance for health facilities.

      5.  “Federal agency” means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.

      6.  [“Health division” means the health division of the department of human resources.

      7.] “Health facility” includes any public health center, hospital, hospice , [as defined in NRS 449.0115, medical facility,] facility for the mentally retarded, community mental health center, and other facility [for the provision of] to provide diagnosis, treatment, care, rehabilitation, training or related services to persons with physical or mental impairments, including diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other facilities for which federal aid may be authorized under the Federal Act, but , except for facilities for the mentally retarded , does not include any facility furnishing primarily domiciliary care.


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

ê1985 Statutes of Nevada, Page 1744 (Chapter 568, AB 183)ê

 

      [8.  “Hospital” includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities such as laboratories, outpatient departments, nurses’ home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.

      9.  “Medical facility” means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other medical facilities for which federal aid may be authorized under the Federal Act.

      10.] 7.  “Nonprofit health facility” means any health facility owned and operated by a corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or natural person.

      [11.] 8.  “Public health center’ means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.

      [12.] 9.  “State department” means the department of human resources, acting through its appropriate divisions.

      Sec. 42.  NRS 449.400 is hereby amended to read as follows:

      449.400  1.  In order to provide state assistance for construction projects for publicly owned general hospitals, hospitals for the chronically ill and impaired, [medical facilities,] facilities for the mentally retarded , [and] community mental health facilities diagnostic or diagnostic and treatment centers, rehabilitation facilities, nursing homes and other facilities financed in part by federal funds in accordance with NRS 449.250 to 449.430, inclusive, and to promote maximum utilization of federal funds available for such projects, there is hereby created in the state treasury a nonreverting trust fund to be known as the state public health facilities construction assistance fund. [Moneys for such] Money for the fund may be provided from time to time by legislative appropriation.

      2.  The state public health facilities construction assistance fund [shall] must be administered by the state department in accordance with the purposes and provisions of NRS 449.250 to 449.430, inclusive.

      Sec. 43.  NRS 449.410 is hereby amended to read as follows:

      449.410  1.  [Moneys] Money in the state public health facilities construction assistance fund [shall] must be used to supplement [federal funds and moneys] money from the Federal Government and money provided by the [project sponsor] sponsor of a project for approved projects for the construction of publicly owned general hospitals, hospitals for the chronically ill or impaired, [medical facilities,] facilities for the mentally retarded , [and] community mental health facilities, diagnostic or diagnostic and treatment centers, rehabilitation facilities, nursing homes and other facilities financed in part by federal funds pursuant to NRS 449.250 to 449.430, inclusive, and for no other purpose or purposes.


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

ê1985 Statutes of Nevada, Page 1745 (Chapter 568, AB 183)ê

 

to NRS 449.250 to 449.430, inclusive, and for no other purpose or purposes.

      2.  Applications for state assistance for construction projects [shall] must be submitted to the state department for consideration in the manner prescribed in NRS 449.250 to 449.430, inclusive, for applications for federal assistance.

      3.  No project [shall be] is be entitled to receive state assistance unless [and until it shall be] it is entitled to receive federal assistance.

      Sec. 44.  NRS 449.440 is hereby amended to read as follows:

      449.440  The legislature hereby finds and declares that the health and welfare of the citizens of this state is directly and significantly affected by the cost of the delivery of health care. In an effort to protect this important interest of the state, the legislature hereby authorizes the commissioner to adopt a uniform system of accounting and financial reporting for [health and care facilities.] medical facilities and facilities for the department.

      Sec. 45.  NRS 449.450 is hereby amended to read as follows:

      449.450  The following terms, wherever used or referred to in NRS 449.440 to 449.530, inclusive, have the following meaning unless a difference meaning clearly appears in the context:

      1.  “Admitted health insurer” means an insurer authorized to transact health insurance in this state under a certificate of authority issued by the commissioner.

      2.  “Commissioner’ means the commissioner of insurance.

      [3.  “Health and care facility” means any person, institution, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness and provides beds for inpatient care. The term includes but is not limited to hospitals, convalescent care facilities, nursing care facilities, detoxification centers and all specialized medical health care facilities.]

      Sec. 46.  NRS 449.465 is hereby amended to read as follows:

      449.465  The commissioner may, by regulation, impose fees upon [health and care] medical facilities , facilities for the dependent and admitted health insurers to cover the costs of carrying out the provisions of NRS 449.440 to 449.530, inclusive. The fee schedule established by the commissioner must, as nearly as practicable, provide for the payment of one-half of those costs by [health and care] medical facilities and facilities for the dependent and one-half by admitted health insurers.

      Sec. 47.  NRS 449.480 is hereby amended to read as follows:

      449.480  1.  The commissioner shall [by rule, after public hearings, specify] adopt regulations specifying a uniform system of accounting and financial reporting by which [health and care] medical facilities and facilities for the dependent shall record their revenues, expenses, other income and other outlays, assets and liabilities, and units of service. The commissioner shall give [due] consideration to existing systems of accounting and reporting in so specifying, and shall insofar as reasonably possible specify a basic system which will not increase the administrative costs of [such] the facilities.


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

ê1985 Statutes of Nevada, Page 1746 (Chapter 568, AB 183)ê

 

increase the administrative costs of [such] the facilities. All institutions under the commissioner’s jurisdiction shall adopt the system for their first fiscal year period beginning on or after April 1, 1976, and each subsequent period.

      2.  The commissioner may allow and provide for modifications in the accounting and reporting system in order correctly to reflect differences in the scope or type of services and financial structure between the various categories, sizes or types of institutions subject to NRS 449.440 to 449.530, inclusive, and in a manner consistent with the purposes of [such] those sections.

      3.  The commissioner may exempt any [health and care] medical facility , facility for the dependent or group of facilities from adopting the uniform system if he finds that [such] the adoption is not in the public interest or would materially increase the cost of [health] care offered by the facility or group of facilities.

      Sec. 48.  NRS 449.490 is hereby amended to read as follows:

      449.490  1.  Every [health and care] medical facility and facility for the dependent which is subject to the provisions of NRS 449.440 to 449.530, inclusive, shall file with the commissioner the following financial statements or reports in a form and at intervals specified by the commissioner but at least annually:

      (a) A balance sheet detailing the assets, liabilities and net worth of the institution for its fiscal year; and

      (b) A statement of income and expenses for the fiscal year.

      2.  The annual financial statements filed pursuant to this section [shall] must be prepared in accordance with the system of accounting and reporting adopted under NRS 449.480. The commissioner shall require the certification of specified financial reports by the institution’s certified public accountant and may require attestations from responsible officials of the institution that [such] the reports have to the best of their knowledge and belief been prepared in accordance with the prescribed system of accounting and reporting.

      3.  The commissioner shall require the filing of all reports by specified dates, and may adopt regulations which assess penalties for failure to file as required, but he shall not require the submission of any annual report sooner than 6 months after the close of the fiscal year, and may grant extensions to facilities which can show that the required information is not available on the required reporting date.

      4.  All reports, except privileged medical information, filed under any provisions of NRS 449.440 to 449.530, inclusive, are open to public inspection and [shall] must be available for examination at the office of the commissioner during regular business hours.

      Sec. 49.  NRS 449.530 is hereby amended to read as follows:

      449.530  The commissioner may impose upon [the health and care facilities] a medical facility and a facility for the dependent subject to supervision under NRS 449.440 to 449.530, inclusive, an administrative fine not exceeding $100 per day for each violation of any of the provisions of NRS 449.440 to 449.530, inclusive.


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

ê1985 Statutes of Nevada, Page 1747 (Chapter 568, AB 183)ê

 

      Sec. 50.  NRS 449.600 is hereby amended to read as follows:

      449.600  Any adult person may execute a declaration directing that when he is in a terminal condition and becomes comatose or is otherwise rendered incapable of communicating with his attending physician, life-sustaining procedures be withheld or withdrawn from him. The person [shall] must execute the declaration in the same manner in which a will is executed, except that a witness may not be:

      1.  Related to the declarant by blood or marriage.

      2.  The attending physician.

      3.  An employee of the attending physician or of the hospital or other [health and care] medical facility in which the declarant is a patient.

      4.  A person who has a claim against any portion of the estate of the declarant.

      Sec. 51.  NRS 449.630 is hereby amended to read as follows:

      449.630  No hospital or other [health and care] medical facility, physician or person working under the direction of a physician who causes the withholding or withdrawal of life-sustaining procedures from a patient in a terminal condition who has a declaration in effect and has become comatose or has otherwise been rendered incapable of communicating with his attending physician is subject to criminal or civil liability or to a charge of unprofessional conduct or malpractice as a result of an action taken in accordance with NRS 449.600 to 449.660, inclusive.

      Sec. 52.  NRS 449.640 is hereby amended to read as follows:

      449.640  1.  If a patient in a terminal condition has a declaration in effect and becomes comatose or is otherwise rendered incapable of communicating with his attending physician, the physician [shall] must give weight to the declaration as evidence of the patient’s directions regarding the application of life-sustaining procedures, but the attending physician may also consider other factors in determining whether the circumstances warrant following the directions.

      2.  No hospital or other [health care] medical facility, physician or person working under the direction of a physician is subject to criminal or civil liability for failure to follow the directions of the patient to withhold or withdraw life-sustaining procedures.

      Sec. 53.  NRS 449.700 is hereby amended to read as follows:

      449.700  1.  Every [health and care facility] medical facility and facility for the dependent must provide the services necessary to treat properly a patient in a particular case or must be able to arrange the transfer of the patient to another facility which can provide that care.

      2.  A patient may be transferred to another facility only if the patient has received an explanation of the need to transfer him and the alternatives available, unless his condition necessitates an immediate transfer to a facility for a higher level of care and he is unable to understand the explanation.


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

ê1985 Statutes of Nevada, Page 1748 (Chapter 568, AB 183)ê

 

      Sec. 54.  NRS 449.710 is hereby amended to read as follows:

      449.710  Every patient of a [health and care facility] medical facility or facility for the dependent has the right to:

      1.  Receive information concerning any other [health and care] medical or educational facility or facility for the dependent associated with the facility at which he is a patient which relates to his care.

      2.  Obtain information concerning the professional qualifications or associations of the persons who are treating him.

      3.  Receive the name of the person responsible for coordinating his care in the facility.

      4.  Be advised if the facility in which he is a patient proposes to perform experiments on patients which affect his own care or treatment.

      5.  Receive from his physician a complete and current description of his diagnosis, plan for treatment and prognosis in terms which he is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:

      (a) Provide the information to an appropriate person responsible for the patient; and

      (b) Inform that person that he shall not disclose the information to the patient.

      6.  Receive from his physician the information necessary for him to give his informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:

      (a) A description of the significant medical risks involved;

      (b) Any information on alternatives to the treatment or procedure if he requests that information;

      (c) The name of the person responsible for the procedure or treatment; and

      (d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.

      7.  Examine the bill for his care and receive an explanation of the bill, whether or not he is personally responsible for payment of the bill.

      8.  Know the facility’s regulations concerning his conduct at the facility.

      Sec. 55.  NRS 449.720 is hereby amended to read as follows:

      449.720  Every patient of a [health and care facility] medical facility or facility for the dependent has the right to:

      1.  Receive considerate and respectful care.

      2.  Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.

      3.  Refuse to participate in any medical experiments conducted at the facility.

      4.  Retain his privacy concerning his program of medical care. Discussions of a patient’s care, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient are confidential.


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

ê1985 Statutes of Nevada, Page 1749 (Chapter 568, AB 183)ê

 

records concerning the patient are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.

      5.  Have any reasonable request for services reasonably satisfied by the facility considering its ability to do so.

      6.  Receive continuous care from the facility. The patient must be informed:

      (a) Of his appointments for treatment and the names of the persons available at the facility for those treatments; and

      (b) By his physician or an authorized representative of the physician, of his need for continuing care.

      Sec. 56.  NRS 449.730 is hereby amended to read as follows:

      449.730  Every [health and care facility] medical facility and facility for the dependent shall inform each patient or his legal representative, upon his admission to the facility, of the patient’s rights as listed in NRS 449.700, 449.710 and 449.720.

      Sec. 57.  NRS 439A.015 is hereby amended to read as follows:

      439A.015  “Health facility” means a facility in which health services are provided. The term includes a:

      1.  Facility for rehabilitation of inpatients;

      2.  Facility for treatment of [end-stage] irreversible renal disease;

      3.  [Freestanding] Independent unit for hemodialysis;

      4.  [Home health agency;] Agency to provide nursing in the home;

      5.  Hospital;

      6.  Institution for treatment of tuberculosis;

      7.  [Intermediate care facility;] Facility for intermediate care;

      8.  Psychiatric hospital;

      9.  [Skilled nursing facility; or] Facility for skilled nursing;

      10.  Surgical center for ambulatory patients [.] ;

      11.  Hospice;

      12.  Independent facility for emergency medical care; or

      13.  Obstetric center.

      Sec. 58.  NRS 442.250 is hereby amended to read as follows:

      442.250  1.  No abortion may be performed in this state unless the abortion is performed:

      (a) By a physician licensed to practice in this state or by a physician in the employ of the government of the United States who:

             (1) Exercises his best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and

             (2) Performs the abortion in a manner consistent with accepted medical practices and procedures in the community.

      (b) Within 24 weeks after the commencement of the pregnancy.

      (c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.

      2.  All abortions must be performed in a hospital or other [health and care] medical facility licensed under chapter 449 of NRS.


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

ê1985 Statutes of Nevada, Page 1750 (Chapter 568, AB 183)ê

 

      3.  Before performing an abortion, the physician shall enter in the permanent records of the patient the facts on which he based his best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother.

      Sec. 59.  NRS 442.270 is hereby amended to read as follows:

      442.270  1.  It is unlawful for any person, [firm, partnership, association or corporation,] including a hospital or other [health and care] medical facility to advertise in any manner, directly or indirectly, the availability of abortions or the cost thereof or the conditions under which abortions will be performed.

      2.  Whenever an abortion procedure results in a live birth, failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the live born person [shall subject] subjects the person performing the abortion to [Nevada laws governing] criminal liability and civil liability for wrongful death and medical malpractice.

      Sec. 60.  NRS 453.038 is hereby amended to read as follows:

      453.038  “Chart order” means an order entered on the chart of [an inpatient in] a patient:

      1.  In a hospital, [convalescent center, skilled nursing facility, geriatric home or other extended care facility] facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department ; or [on the chart of a patient under]

      2.  Under emergency treatment in a hospital by a physician, dentist or podiatrist, or on the written or oral order of a physician, dentist or podiatrist authorizing the administration of a drug to the [inpatient.] patient.

      Sec. 61.  NRS 453.515 is hereby amended to read as follows:

      453.515  1.  No pharmacy may deliver a controlled substance requiring a prescription for a specific patient to a hospital, [convalescent center, skilled nursing facility, geriatric home or other extended care facility] facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department which does not have a pharmacy on the premises except pursuant to a prescription given:

      (a) Directly from the prescribing practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the prescribing practitioner; or

      (c) By an oral order transmitted by an agent of the prescribing practitioner.

      2.  If an oral order for entry on a chart is given by a prescribing practitioner the chart order must be signed by the practitioner who authorized the administration of the drug within 48 hours after receipt of the instructions by a licensed nurse.


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

ê1985 Statutes of Nevada, Page 1751 (Chapter 568, AB 183)ê

 

      Sec. 62.  NRS 454.0041 is hereby amended to read as follows:

      454.0041  “Chart order” means an order entered on the chart of [an inpatient in] a patient:

      1.  In a hospital, [convalescent center, skilled nursing facility, geriatric home or other extended care facility] facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department of human resources ; or [on the chart of a patient under]

      2.  Under emergency treatment in a hospital by a practitioner or on the written or oral order of a practitioner authorizing the administration of a drug to the [inpatient.] patient.

      Sec. 63.  NRS 454.278 is hereby amended to read as follows:

      454.278  1.  No pharmacy may deliver a dangerous drug for a specific patient to a hospital, [convalescent center, skilled nursing facility, geriatric home or other extended care facility] facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department which does not have a pharmacy on the premises except pursuant to a prescription given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner; or

      (c) By an oral order transmitted by an agent of the practitioner.

      2.  If an oral order for entry on a chart is given by a practitioner, the chart order must be signed by the practitioner who authorized the administration of the dangerous drug within 48 hours after receipt of the instructions by a licensed nurse.

      Sec. 64.  NRS 458.300 is hereby amended to read as follows:

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

      1.  The crime is a crime against the person as provided for in chapter 200 of NRS;

      2.  The crime is that of selling a controlled substance as defined in chapter 453 of NRS;

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

      4.  The alcoholic or drug addict has a record of one or more convictions of a crime of violence or of selling a controlled substance as defined in chapter 453 of NRS, or of two or more convictions of any felony;

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


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

ê1985 Statutes of Nevada, Page 1752 (Chapter 568, AB 183)ê

 

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

      7.  The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a [treatment program] program of treatment on two prior occasions within any consecutive 2-year period.

      Sec. 65.  NRS 458.310 is hereby amended to read as follows:

      458.310  1.  If the court has reason to believe that a person who has been convicted of a crime is an alcoholic or drug addict, or the person states that he is an alcoholic or drug addict, and the court finds that he is eligible to make the election provided for in NRS 458.300, the court shall hold a hearing before it sentences the person to determine whether or not he should receive treatment under the supervision of a state-approved [alcohol or drug treatment facility.] facility for the treatment of abuse of alcohol or drugs. The district attorney may present the court with any evidence concerning the advisability of permitting the person to make the election.

      2.  At the hearing the court shall advise him that sentencing will be postponed if he elects to submit to treatment and is accepted for treatment by a state-approved [alcohol or drug treatment] facility. In offering the election, the court shall advise him that:

      (a) If he elects to submit to treatment and is accepted, he may be placed under the supervision of the [treatment] facility for a period not to exceed 3 years;

      (b) During treatment he may be confined in an institution or, at the discretion of the [treatment] facility, released for treatment or supervised [aftercare] care in the community; and

      (c) If he satisfactorily completes treatment, as determined by the court, the conviction will be set aside, but if he does not satisfactorily complete the treatment, he may be sentenced and the sentence executed.

      Sec. 66.  NRS 458.320 is hereby amended to read as follows:

      458.320  1.  If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order an approved [alcohol or drug treatment facility] facility for the treatment of abuse of alcohol or drugs to conduct an examination of the person to determine whether he is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The facility shall report to the court the results of the examination and recommend whether the person should be placed under supervision for treatment.

      2.  If the court, acting on the report or other relevant information, determines that the person is not an alcoholic or drug addict, or that he is not likely to be rehabilitated through treatment, he may be sentenced and the sentence executed.

      3.  If the court determines that the person is an alcoholic or drug addict and is likely to be rehabilitated through treatment, the court may defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458.330, and place the person under the supervision of an approved [alcohol or drug treatment] facility for treatment for a maximum of 3 years.


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

ê1985 Statutes of Nevada, Page 1753 (Chapter 568, AB 183)ê

 

defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458.330, and place the person under the supervision of an approved [alcohol or drug treatment] facility for treatment for a maximum of 3 years. The court may require such progress reports on the treatment of the person as it deems necessary.

      4.  No person may be placed under the supervision of a facility under this section unless the facility accepts him for treatment.

      Sec. 67.  NRS 458.350 is hereby amended to read as follows:

      458.350  The provisions of NRS 458.290 to 458.350, inclusive, [shall] do not require the state or any of its political subdivisions to establish or finance any [alcohol or drug treatment facility.] facility for the treatment of abuse of alcohol or drugs.

      Sec. 68.  NRS 460.030 is hereby amended to read as follows:

      460.030  Any physician, hospital, clinic, [ambulatory surgical center] surgical center for ambulatory patients or other organization that stores or transfuses products made from blood shall:

      1.  Maintain records of all serological tests and the receipt and disposition of products made from blood in accordance with applicable standards for laboratories published by the American Association of Blood Banks, in the form most recently published before January 1, 1983;

      2.  Test for compatibility and blood grouping; and

      3.  Be equipped with a refrigerator which regulates its own temperature and warns of failure to maintain the prescribed temperature.

      Sec. 69.  NRS 41.500 is hereby amended to read as follows:

      41.500  1.  Except as provided in NRS 41.505, any person in this state, who renders emergency care or assistance in an emergency, gratuitously and in good faith, [shall not be held] is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by [such person] him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

      2.  Any person in this state who acts as an ambulance driver or attendant on an ambulance operated by a volunteer ambulance service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting [such] an injured or ill person to or from any [health facility,] clinic, doctor’s office or other medical facility, [shall not be held] is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by [such ambulance driver or attendant] him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      3.  Any [duly] appointed member of a volunteer ambulance service or [a duly] an appointed volunteer member of an ambulance service operated by a political subdivision of this state, other than an ambulance driver or attendant, [shall not be held] is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by [such member] him whenever he is performing his duties in good faith as a member of [such] a volunteer ambulance service or ambulance service operated by a political subdivision.


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

ê1985 Statutes of Nevada, Page 1754 (Chapter 568, AB 183)ê

 

or [a duly] an appointed volunteer member of an ambulance service operated by a political subdivision of this state, other than an ambulance driver or attendant, [shall not be held] is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by [such member] him whenever he is performing his duties in good faith as a member of [such] a volunteer ambulance service or ambulance service operated by a political subdivision.

      4.  Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting [such] an injured or ill person to or from any [health facility,] clinic, doctor’s office or other medical facility, [shall not be held] is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by [such person] him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      Sec. 70.  NRS 41.505 is hereby amended to read as follows:

      41.505  1.  Any physician or registered nurse who in good faith gives instruction to an advanced emergency medical technician-ambulance, as defined by NRS 450B.193, at the scene of an emergency, and the advance emergency medical technician-ambulance who obeys [such] the instruction, [shall not be held] is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by [such person] him in rendering [such] that emergency care.

      2.  Any person licensed under the provisions of [chapters] chapter 630, 632 or 633 of NRS, who renders emergency care or assistance in an emergency, gratuitously and in good faith, [shall not be held] is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by [such licensed person] him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed [health care facility] medical facility relative to any person with whom there is a preexisting [patient relationship.] relationship as a patient.

      Sec. 71.  NRS 41A.100 is hereby amended to read as follows:

      41A.100  1.  Liability for personal injury or death [shall not be] is not imposed upon any provider of medical care based on alleged negligence in the performance of [such] that care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed [health care] medical facility wherein [such] the alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specified circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence [consisting of expert medical testimony, text or treatise material or facility regulations] is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the personal injury or death occurred in any one or more of the following circumstances:

 


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

ê1985 Statutes of Nevada, Page 1755 (Chapter 568, AB 183)ê

 

personal injury or death, except that such evidence [consisting of expert medical testimony, text or treatise material or facility regulations] is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the personal injury or death occurred in any one or more of the following circumstances:

      (a) A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;

      (b) An explosion or fire originating in a substance used in treatment occurred in the course of treatment;

      (c) An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;

      (d) An injury was suffered during the course of treatment to a part of the body not directly involved in [such] the treatment or proximate thereto; or

      (e) A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patient’s body.

      2.  As used in this section, “provider of medical care” means a physician, registered nurse or a licensed hospital as the employer of any such person.

      Sec. 72.  NRS 129.050 is hereby amended to read as follows:

      129.050  1.  Any minor who is under the influence of, or suspected of being under the influence of, a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:

      (a) May give express consent; or

      (b) If unable to give express consent, shall be deemed to consent,

to the furnishing of hospital, medical, surgical or [health] other care for the treatment of [drug abuse or] abuse of drugs or related illnesses by any public or private hospital, [health and care facility] medical facility, facility for the dependent or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.

      2.  Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.

      3.  The consent of the parent or [parents] or the legal guardian of the minor is not necessary to authorize such care, but any physician who treats a minor pursuant to this section shall make every reasonable effort to report the fact of [such] treatment to the parent or parents or legal guardian within a reasonable time after treatment.

      Sec. 73.  (Deleted by amendment.)

      Sec. 74.  NRS 202.2491 is hereby amended to read as follows:

      202.2491  1.  Except as provided in subsection 3, the smoking of tobacco in any form is prohibited if done in any:

      (a) Public elevator, library, museum, or a bus used by the general public, other than a chartered bus.

      (b) Room, including a lecture hall or university concert hall, located in a public building, while a public meeting is in progress in [such] the room.


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

ê1985 Statutes of Nevada, Page 1756 (Chapter 568, AB 183)ê

 

      (c) Hallway, waiting room or cafeteria opened to the general public and located in a state building.

      (d) Any area in any state facility when so designated by the head of the state department having control of the area.

      (e) Public waiting room, lobby or hallway of any:

             (1) [Health and care facility as defined by NRS 449.007;] Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

             (2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist or doctor of traditional Oriental medicine.

      2.  The person [or persons] in control of [the areas] an area listed in subsection 1:

      (a) Shall post signs prohibiting smoking in [such areas] the area except as provided in paragraph (b).

      (b) May provide [for] separate rooms or portions of designated no-smoking areas to be used as smoking areas where it is possible to confine the smoke to [such] those areas.

      3.  The smoking of tobacco is not prohibited in any room or area designated for smoking pursuant to paragraph (b) of subsection 2.

      4.  As used in this section, “public meeting” means a gathering for which there is:

      (a) Advance notice;

      (b) A planned agenda; and

      (c) A person presiding or otherwise in charge.

“Public meeting” does not include a trade show or exhibition.

      Sec. 75.  NRS 211.140 is hereby amended to read as follows:

      211.140  1.  The sheriff of each county has charge and control over all prisoners committed to his care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this state have charge and control over all prisoners committed to their respective city and town jails.

      2.  The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are kept at labor for reasonable amounts of time within the jail, on public works in the county, city or town, or as part of a program of release for work established pursuant to NRS 211.120.

      3.  “Public works” as used in NRS 211.120 to 211.170, inclusive, means the construction, repair, or cleaning of any [streets, road, sidewalks,] street, road, sidewalk, public square, park [, building,] or building, or cutting away hills, grading, putting in sewers [,] or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby.

      4.  The sheriff, chief of police or town marshal shall arrange for the administration of medical care required by prisoners committed to his custody.


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

ê1985 Statutes of Nevada, Page 1757 (Chapter 568, AB 183)ê

 

custody. The county, city or town shall pay the cost of appropriate medical:

      (a) Treatment for injuries incurred by a prisoner while he is in custody and for injuries incurred during his arrest for commission of a public offense if he is not convicted of that offense;

      (b) Treatment for any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; and

      (c) Examinations required by law or by court order unless the order otherwise provides.

      5.  A prisoner shall pay the cost of medical treatment for:

      (a) Injuries incurred by the prisoner during his commission of a public offense or for injuries incurred during his arrest for commission of a public offense if he is convicted of that offense;

      (b) Injuries or illnesses which existed before the prisoner was taken into custody;

      (c) Self-inflicted injuries; and

      (d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.

      6.  A [health and care] medical facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.

      Sec. 76.  NRS 244.263 is hereby amended to read as follows:

      244.263  1.  Notwithstanding the provisions of NRS 244.260 and 450.250, with the approval of the state board of finance, the board of county commissioners of any county may, by an order of [such] the board, create in the county treasury a fund to be designated as the county hospital construction fund.

      2.  [Moneys] Money in the county hospital construction fund [shall] must be used only for [county] participation in the construction of a health facility pursuant to the provisions of [the Nevada Health Facilities Assistance Act, being] NRS 449.250 to 449.430, inclusive. As used in this subsection, “construction” and “health facility” have the same meanings ascribed to them in subsections 2 and [7] 6 of NRS 449.260.

      3.  The county hospital construction fund may be composed of:

      (a) All or part of the [moneys] money paid to the county under the provisions of paragraph (b) of subsection 2 of NRS 463.320.

      (b) All or a part of the [moneys] money accumulated by the county pursuant to the provisions of NRS 244.260.

      (c) The proceeds of any annual special tax levied by the board of county commissioners for [such] the fund.

      4.  [Moneys] Money deposited in a county hospital construction fund [shall] does not revert to the county general fund at the end of any fiscal year, but no county hospital construction fund [shall] may exist for a period longer than 10 years from the date of the order of its creation.


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

ê1985 Statutes of Nevada, Page 1758 (Chapter 568, AB 183)ê

 

Any [moneys] money remaining in the county hospital construction fund at the end of the 10-year period [shall revert] reverts to the county general fund.

      5.  Any [moneys] money in the county hospital construction fund may, from time to time, be invested only in short-term [United States Government bonds.] bonds of the United States Government.

      Sec. 77.  NRS 244A.682 is hereby amended to read as follows:

      244A.682  “Health and care facility” means a hospital, [an intermediate care facility, a skilled nursing facility or a day care facility for adults,] facility for intermediate care, facility for skilled nursing or facility for the care of adults during the day, as those terms are defined in [NRS 449.004, 449.012, 449.014 and 449.018, respectively.] chapter 449 of NRS.

      Sec. 78.  NRS 268.519 is hereby amended to read as follows:

      268.519  “Health and care facility” means a hospital, [an intermediate care facility or a skilled nursing facility] facility for intermediate care or facility for skilled nursing as those terms are defined in [NRS 449.012, 449.014 and 449.018, respectively.] chapter 449 of NRS.

      Sec. 79.  NRS 287.500 is hereby amended to read as follows:

      287.500  As used in this chapter, unless the context otherwise requires:

      1.  “Employee organization” means an organization of any kind whose members are [government] governmental employees and has as one of its purposes the improvement of the terms and conditions of employment of [government] governmental employees.

      2.  “Professional service” means any type of personal service which may [legally] be performed only pursuant to a license, certificate of registration or other [legal] authorization issued by this state, except services provided by any person licensed under chapter 630 or 633 of NRS or by any [health and care facility.] medical facility or facility for the dependent as defined in chapter 449 of NRS.

      Sec. 80.  NRS 349.480 is hereby amended to read as follows:

      349.480  “Health and care facility” means a hospital, [an intermediate care facility or a skilled nursing facility] facility for intermediate care or facility for skilled nursing as those terms are defined in [NRS 449.012, 449.014 and 449.018, respectively.] chapter 449 of NRS.

      Sec. 81.  NRS 361.815 is hereby amended to read as follows:

      361.815  1.  “Home” means residential living quarters located in Nevada. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 2 acres, as well as outbuildings and facilities reasonably necessary for use of the unit as residential living quarters.

      2.  The term “home” includes:

      (a) A mobile home.

      (b) A home, mobile home or dwelling which the claimant possesses under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.


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

ê1985 Statutes of Nevada, Page 1759 (Chapter 568, AB 183)ê

 

under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.

      (c) [Group care facilities] A residential facility for groups required to be licensed by the health division of the department of human resources, pursuant to NRS 449.001 to 449.240, inclusive [.] , and sections 2 to 11, inclusive, of this act.

      (d) A dwelling within any housing project which has been established pursuant to chapter 315 of NRS and for which the housing authority makes payments in lieu of taxes.

      Sec. 82.  NRS 422.157 is hereby amended to read as follows:

      422.157  1.  The standing committees and the members of each committee of the medical care advisory group are as follows:

      (a) A [consumer recipient] committee for recipients consisting of seven members who represent the general public or who represent assistance programs, including but not limited to supplemental security income, state aid to the medically indigent, or foster parents.

      (b) A dental committee consisting of five dentists who are licensed to practice in the State of Nevada.

      (c) A [hospital] committee on hospitals consisting of seven [hospital administrators] administrators of hospitals representing private and public hospitals.

      (d) A [long-term care] committee on long-term care consisting of five [health care professionals who practice in intermediate care facilities or skilled nursing facilities.] members, each of whom is the administrator of a facility for intermediate care or facility for skilled nursing.

      (e) A [pharmacy] committee on pharmacy consisting of six pharmacists who hold certificates as registered pharmacists in the State of Nevada.

      (f) A [physician] committee of physicians consisting of 12 physicians who are licensed to practice in the State of Nevada.

      2.  At the first meeting subsequent to their appointment, the members of each committee shall elect a chairman.

      3.  Each committee shall meet at such times as the director, the chairman of the medical care advisory group or the committee deems necessary.

      Sec. 83.  NRS 422.253 is hereby amended to read as follows:

      422.253  1.  The trust fund for child welfare is hereby created. All [survivor] benefits for survivors or other awards payable to children receiving [child] welfare services for children must be deposited in the state treasury for credit to the fund.

      2.  The trust fund for public assistance is hereby created. Retirement and other [benefit] grants to any adult [recipient of] receiving public assistance in a nursing home or [group care facility,] residential facility for groups, except facilities of the mental hygiene and mental retardation division of the department, must be deposited in the state treasury for credit to the fund if the adult receiving care has been adjudicated incompetent in the administration of his personal finances.

      3.  The welfare division shall:


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

ê1985 Statutes of Nevada, Page 1760 (Chapter 568, AB 183)ê

 

      (a) Keep a separate account for each person who receives money.

      (b) Deduct from the account any welfare services to the person that are provided by public money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the person.

      (c) Remit any surplus balance to the named person when the welfare division is no longer legally responsible for that person.

      4.  The welfare division shall establish an interest-bearing account in the name of the child in any bank or insured savings and loan association in the State of Nevada qualified to receive deposits of public money and deposit in that account any surplus money in excess of $500 belonging to the child in the trust fund for child welfare.

      5.  Court-ordered and other support payments to children receiving [child] welfare services for children are not considered as a benefit or an award for the purposes of this section, but must be held in trust in the trust fund for child welfare.

      Sec. 84.  NRS 427A.020 is hereby amended to read as follows:

      427A.020  As used in this chapter, unless the context otherwise requires:

      1.  “Administrator” means the chief of the aging services division of the department.

      2.  “Advocate” means an advocate for residents of facilities for long-term care.

      3.  “Commission” means the Nevada commission on aging.

      4.  “Day care center” means a [day care] facility for the care of adults during the day as defined in NRS 449.004.

      5.  “Department” means the department of human resources.

      6.  “Director” means the director of the department.

      7.  “Division” means the aging services division of the department.

      8.  “Facility for long-term care” means:

      (a) A [group care facility] residential facility for groups as defined in NRS 449.005;

      (b) [An] A facility for intermediate care [facility] as defined in NRS 449.014; and

      (c) A facility for skilled nursing [facility] as defined in NRS 449.018.

      Sec. 85.  NRS 431.103 is hereby amended to read as follows:

      431.103  1.  [Prior to] Before the fifth day of each month, the licensee of each [group care facility] residential facility for groups shall notify the welfare division of the department of human resources of the names of the state welfare recipients who are residents of the [group care] facility.

      2.  Any [assistance payments] payment for assistance made by the welfare division for the food and shelter of a resident of [a group care] the facility may be made on a monthly basis to the licensee of [such group care] the facility in trust for that resident.

      3.  If a resident of a [group care] facility changes residence or dies, the licensee [of the facility] shall repay to the welfare division that portion of the monthly [assistance] payment for assistance which was made for the food and shelter of the resident but which was in excess of the pro rata portion of food and shelter provided by the licensee to the resident during the month.


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

ê1985 Statutes of Nevada, Page 1761 (Chapter 568, AB 183)ê

 

for the food and shelter of the resident but which was in excess of the pro rata portion of food and shelter provided by the licensee to the resident during the month.

      4.  Any [assistance payments] payment for assistance made by the welfare division for the personal needs of a resident of a [group care facility shall] facility must be made directly to the resident or to his authorized agent or representative.

      Sec. 86.  NRS 431.105 is hereby amended to read as follows:

      431.105  1.  The welfare division shall arrange for transportation to a [group care facility,] residential facility for groups, as defined in NRS 449.005, of any recipient of state welfare [recipient] who has been assigned to [such group care] that facility.

      2.  If any recipient of state welfare [recipient] who is a resident of a [group care facility] residential facility for groups moves out of [such] the facility, the welfare division shall remove any personal belongings left by the recipient in the facility and dispose of them in accordance with procedures adopted by the state welfare board. If the welfare division does not remove [such] the belongings within 30 days, the licensee may sell or otherwise dispose of [such belongings.] them.

      Sec. 87.  NRS 431.107 is hereby amended to read as follows:

      431.107  The welfare division shall make an agreement with each [individual group care facility,] residential facility for groups, as defined in NRS 449.005, specifying the rate of payment and describing the personal care to be provided the recipient.

      Sec. 88.  NRS 435.007 is hereby amended to read as follows:

      435.007  As used in this chapter, unless the context otherwise requires:

      1.  “Child” means any person under the age of 18 years who may be eligible for mental retardation services.

      2.  [“Group care facility”] “Residential facility for groups” means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.

      3.  “Parent” means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.

      4.  “Person” includes a child and any other mentally retarded client who has attained the age of 18 years.

      Sec. 89.  NRS 435.060 is hereby amended to read as follows:

      435.060  The division may operate a [group care facility or facilities for the purpose of caring for and maintaining] residential facility for groups to care for and maintain mentally retarded persons until [such persons] they can live in a more normal situation.

      Sec. 90.  NRS 435.070 is hereby amended to read as follows:

      435.070  The division [shall be] is responsible for the administration of all [group care facilities] residential facilities for groups established pursuant to NRS 435.060 to 435.120, inclusive, and may enter into such agreements with public and private agencies and adopt such [rules and] regulations as it deems necessary for the operation of any [such] facility.


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

ê1985 Statutes of Nevada, Page 1762 (Chapter 568, AB 183)ê

 

      Sec. 91.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

      (a) [Fire prevention.] The prevention of fire.

      (b) The storage and use of combustibles, flammables and fireworks.

      (c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.

      (d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, [child care facilities, foster homes, adult group care facilities, intermediate care facilities,] facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly [,] and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties having a population of less than 100,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.

      2.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.

      3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      4.  The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

      5.  The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.


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

ê1985 Statutes of Nevada, Page 1763 (Chapter 568, AB 183)ê

 

      6.  The state fire marshal shall:

      (a) Investigate any fire which occurs in a county having a population of less than 100,000, and from which a death results or which is of a suspicious nature.

      (b) Investigate any fire which occurs in a county having a population of 100,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state on or before January 1, 1984, and publish at least annually a summary of data collected under the system.

      8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for establishment of programs for public education [programs] and other fire prevention activities.

      9.  The state fire marshal shall:

      (a) Assist in checking [construction] plans and specifications [;] for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting [local] regulations and ordinances,

on request or as he deems necessary.

      Sec. 92.  NRS 477.120 is hereby amended to read as follows:

      477.120  1.  Except as otherwise provided in subsection 2, the owner or operator of any building, except a single-family detached dwelling, shall:

      (a) Equip every exit corridor and other means of exit with emergency lighting of a type approved by the authority which permits the safe evacuation of the building.

      (b) Except as otherwise provided by the authority, equip every door to an exit corridor which serves 30 or more occupants with a device, approved by the authority, which closes the door.

      (c) Except as otherwise provided by the authority, immediately provide adequate facilities for exit.

      (d) If the building has three stories or more, enclose every open stairway or vertical shaft with:

             (1) Construction whose resistance to fire has been approved by the authority; or

             (2) Alternate means approved by the authority which afford equivalent protection to life and property from fire.

      2.  A [health and care facility] medical facility or facility for the dependent is exempt from the provisions of paragraph (b) of subsection 1 with regard to the door to a patient’s room if smoking in the patient’s room is prohibited or permitted only when:

 


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

ê1985 Statutes of Nevada, Page 1764 (Chapter 568, AB 183)ê

 

1 with regard to the door to a patient’s room if smoking in the patient’s room is prohibited or permitted only when:

      (a) An employee of the facility is present; or

      (b) Smoking material is wholly contained within a device designed for such use and approved by the state fire marshal.

      3.  Upon a showing of practical difficulty or unnecessary hardship, the authority may grant an exception from the provisions of paragraph (c) of subsection 1 if it is clearly evident that the safe evacuation of the building will not be hindered thereby.

      4.  When an exception is allowed pursuant to subsection 3, the authority shall record the details of and reasons for the exception.

      Sec. 93.  NRS 608.156 is hereby amended to read as follows:

      608.156  1.  If an employer provides health benefits for his employees, he shall provide benefits for the expenses for the treatment of [alcohol and drug abuse.] abuse of alcohol or drugs. The annual benefits provided by the employer must consist of [:

      (a) Treatment for] treatment:

      (a) For withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) [Inpatient treatment] As a patient in a facility with a maximum benefit of $10,000 per calendar year.

      (c) [Outpatient treatment] As a patient who is not in a facility for individual, group and family counseling with a maximun benefit of $1,500 per calendar year.

      2.  The employee is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.

      4.  The employee is entitled to these benefits if treatment is received in [:

      (a) Any facility for] any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug abuse] abuse of alcohol or drugs as part of its accredited activities.

      Sec. 94.  NRS 616.223 is hereby amended to read as follows:

      616.223  1.  The system and the rehabilitation division of the department of human resources shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.

      2.  The system may enter into agreements with other public agencies and with private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases.


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

ê1985 Statutes of Nevada, Page 1765 (Chapter 568, AB 183)ê

 

and with private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases.

      3.  The system may enter into agreements with [health and care facilities] medical facilities or facilities for the dependent to provide services for rehabilitation to patients of [the health and care] such facilities in facilities operated by the system.

      4.  Except as provided in this subsection, the system may admit to any of its facilities any person:

      (a) Who may benefit from its services;

      (b) Who has been referred by a physician for the purpose of receiving services for rehabilitation; and

      (c) Whose admission is approved by the medical director of the facility.

A person who is not a claimant must not be admitted to a facility if he is terminally ill or referred solely for treatment of [alcohol or drug abuse.] abuse of alcohol or drugs.

      5.  In providing services under an agreement entered into pursuant to this section, the system must give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other persons [for the purpose of providing] to provide services for rehabilitation, the system may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.

      6.  Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the system may add a reasonable charge for administration of each case.

      Sec. 95.  NRS 616.580 is hereby amended to read as follows:

      616.580  Every employee in the employ of an employer, within the provisions of this chapter, who [shall be] is injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, [shall be] is entitled to receive the following compensation for permanent total disability:

      1.  In cases of total disability adjudged to be permanent, compensation per month of 66⅔ percent of the average monthly wage.

      2.  Where there is a previous disability, as the loss of one eye, one hand, one foot [,] or any other previous permanent disability, the percentage of disability for a subsequent injury [shall] must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      3.  In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but [such increase shall not obtain or be operative] the allowance may not be made while the workman is receiving [intermediate care facility benefits or hospital care under or] benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS 616.410 and 616.415.


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

ê1985 Statutes of Nevada, Page 1766 (Chapter 568, AB 183)ê

 

      Sec. 96.  NRS 630.060 is hereby amended to read as follows:

      630.060  1.  Five members of the board [shall] must be persons licensed to practice medicine in the State of Nevada who have been engaged in the practice of medicine in the State of Nevada for a period of more than 5 years preceding their respective appointments and are actually engaged in the practice of medicine in the State of Nevada.

      2.  The remaining members [shall] must be residents of the State of Nevada who:

      (a) Are not licensed in any state to practice any healing art;

      (b) Are not actively engaged in the administration of any [health and care facility;] medical facility or facility for the dependent as defined in chapter 449 of NRS; and

      (c) Do not have a pecuniary interest in any matter pertaining to the healing arts, except as patients or potential patients.

      3.  The members of the board [shall] must be selected without regard to their individual political beliefs.

      4.  As used in this section [:

      (a) “Health and care facility” has the meaning attributed to it in NRS 449.007.

      (b) “Healing] , “healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

      Sec. 97.  NRS 630A.110 is hereby amended to read as follows:

      630A.110  1.  Four members of the board must be persons licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States who have been engaged in the practice of homeopathic medicine in this state for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this state and are residents of the state.

      2.  The remaining members must be residents of Nevada who:

      (a) Are not licensed in any state to practice any healing art;

      (b) Are not actively engaged in the administration of any [health and care facility;] medical facility or facility for the dependent as defined in chapter 449 of NRS; and

      (c) Do not have a pecuniary interest in any matter pertaining to [any health and care facility,] such a facility, except as a patient or potential patient.

      3.  The members of the board must be selected without regard to their individual political beliefs.

      4.  As used in this section [:

      (a) “Health and care facility” has the meaning ascribed to it in NRS 449.007.


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

ê1985 Statutes of Nevada, Page 1767 (Chapter 568, AB 183)ê

 

      (b) “Healing] , “healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

      Sec. 98.  NRS 633.191 is hereby amended to read as follows:

      633.191  1.  Four members of the board [shall:] must:

      (a) Be licensed under this chapter;

      (b) Be actually engaged in the practice of osteopathic medicine in this state; and

      (c) Have been so engaged in this state for a period of more than 5 years preceding their appointment.

      2.  The remaining member [shall] must be a resident of the State of Nevada:

      (a) Not licensed in any state to practice any healing art; and

      (b) Not actively engaged in the administration of any [health and care facility.

      3.  As used in this section “health and care facility” has the meaning attributed to it in NRS 449.007.] medical facility or facility for the dependent as defined in chapter 449 of NRS.

      Sec. 99.  NRS 633A.150 is hereby amended to read as follows:

      633A.150  1.  The board of naturopathic healing consists of five members appointed by the governor.

      2.  Three members of the board must:

      (a) Be licensed under this chapter, except the initial members who must be licensed as naturopaths in another state;

      (b) Be actually engaged in the practice of naturopathic healing in this state, except the initial members who must have been so engaged in another state; and

      (c) Have been so engaged in this state for more than 2 years preceding their appointment, except the initial members who must have been so engaged in another state.

      3.  One member must be a physician licensed under chapter 630 of NRS and a resident of Nevada.

      4.  The remaining member must be a resident of the State of Nevada:

      (a) Not licensed in any state to practice any healing art; and

      (b) Not actively engaged in the administration of any [health and care facility.] medical facility or facility for the dependent as defined in chapter 449 of NRS.

      5.  Before entering upon the duties of his office, each member of the board shall take:

      (a) The constitutional oath of office; and

      (b) An oath that he is legally qualified to serve on the board.

      6.  [As used in this section “health and care facility” has the meaning ascribed to it in NRS 449.007.


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

ê1985 Statutes of Nevada, Page 1768 (Chapter 568, AB 183)ê

 

      7.] Upon expiration of his term of office, a member must continue to serve until his successor is appointed and qualifies.

      [8.] 7.  If a vacancy occurs on the board, a member is absent from the state for a period of 6 months or more without the board’s permission, or a member fails to attend meetings of the board or to the business of the board, as determined necessary in its discretion, the board shall notify the governor, and the governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.

      Sec. 100.  NRS 639.004 is hereby amended to read as follows:

      639.004  “Chart order” means an order entered on the chart of [an inpatient] a patient in a hospital, [convalescent center, skilled nursing facility, geriatric home or other extended care facility] facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department of human resources or on the chart of a patient under emergency treatment in a hospital by a practitioner or on the written or oral order of a practitioner authorizing the administration of a drug to the [inpatient.] patient.

      Sec. 101.  NRS 639.2327 is hereby amended to read as follows:

      639.2327  A [convalescent center, skilled nursing facility, geriatric home or other extended care facility] facility for intermediate care or facility for skilled nursing which is [duly] licensed as such by the health division of the department of human resources and is registered with the board pursuant to this chapter may maintain a stock of drugs for emergency treatment of inpatients, subject to the following conditions:

      1.  The board shall by regulation determine the specific drugs and the quantities thereof which may be maintained . [pursuant to this section.]

      2.  The emergency stock of drugs [shall] must be maintained at all times in a solid, sealed container and the seal [shall] must remain intact except when the drugs are needed for emergency treatment of [inpatients.] a patient in the facility. The sealed container [shall] must be stored at all times in a locked compartment on the premises of the [care] facility.

      3.  All drugs delivered to a [care facility shall] facility must be signed for by the [head] nurse or other person in charge. An inventory of the stock of drugs [shall] must be appended to the sealed container. Immediately after the drugs are needed, the physician or registered nurse who breaks the seal shall enter on the inventory sheet the following information:

      (a) The date and time the sealed container is opened;

      (b) The name of the patient for whom the drugs are to be used;

      (c) The name of the patient’s physician or the physician who directs the administration of the drugs, if different;

      (d) An itemization of the drugs removed; and

      (e) The signature of the person who opened the sealed container.

      4.  When the drugs [needed] have been removed and the information required by subsection 3 has been entered on the inventory, the physician or registered nurse shall immediately replace the container in a locked compartment and shall notify the pharmaceutical consultant, as soon as it is practical to do so, that the container has been opened.


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

ê1985 Statutes of Nevada, Page 1769 (Chapter 568, AB 183)ê

 

required by subsection 3 has been entered on the inventory, the physician or registered nurse shall immediately replace the container in a locked compartment and shall notify the pharmaceutical consultant, as soon as it is practical to do so, that the container has been opened.

      5.  The sealed container and its contents [shall] at all times remain the responsibility of the pharmaceutical consultant. Upon being notified that the sealed container has been opened, or on the next business day if notification is not received during business hours, but in no event more than 48 hours following receipt of [such] the notification, the pharmaceutical consultant shall:

      (a) Examine the inventory sheet;

      (b) Replace the drugs removed;

      (c) Secure a written prescription for the drugs replaced, if one is required by law;

      (d) Enter the name and quantity of the drugs so replaced on the inventory sheet, together with the date and time of replacement;

      (e) Reseal the container; and

      (f) Sign the inventory sheet.

      6.  No person other than a licensed physician or [a] registered nurse may open the container or remove any drugs from the container.

      7.  The board, its agents and inspectors [shall] may at all times have [free] access to the premises of the [care] facility to determine compliance with this section.

      Sec. 102.  NRS 639.2589 is hereby amended to read as follows:

      639.2589  1.  The form for any prescription which is issued or intended to be filled in this state must contain two lines for the signature of the prescriber. The line on the left must be printed above the words “substitution permitted” [,] and the line on the right must be printed above the words “dispense as written.”

      2.  Substitutions may be made in filling prescriptions contained in physician’s orders in [skilled nursing facilities and intermediate care facilities.] a facility for skilled nursing or facility for intermediate care. Each page of the document which contains the physician’s order must be printed with the words: “The biological equivalent of drugs ordered may be dispensed unless initialed by the prescriber here” and a box must be provided near that statement for the purpose of indicating that a substitution may not be made.

      3.  Substitutions may be made in filling prescriptions ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific generic substitutions.

      Sec. 103.  NRS 639.267 is hereby amended to read as follows:

      639.267  1.  As used in this section, “unit dose” means that quantity of a drug which is packaged as a single dose.

      2.  A pharmacist who provides a regimen of drugs in unit doses to a patient in a [skilled nursing facility or intermediate care facility] facility for skilled nursing or facility for intermediate care as defined in chapter 449 of NRS may credit the person or agency which paid for the drug for any unused doses. The pharmacist may return the drugs to the issuing pharmacy, which may reissue the drugs to fill other prescriptions.


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

ê1985 Statutes of Nevada, Page 1770 (Chapter 568, AB 183)ê

 

issuing pharmacy, which may reissue the drugs to fill other prescriptions.

      3.  Except Schedule II drugs specified in or pursuant to chapter 453 of NRS, unit doses packaged in ampules or vials which do not require refrigeration may be returned to the pharmacy which dispensed them. The board shall, by regulation, authorize the return of any other type or brand of drug which is packaged in unit doses if the Food and Drug Administration has approved the packaging for that purpose.

      Sec. 104.  NRS 654.025 is hereby amended to read as follows:

      654.025  [“Intermediate care facility”] Facility for intermediate care” means an establishment operated and maintained for the purpose of providing personal and [health care supervision, plus 24-hour awake supervision,] medical supervision for 24 hours, for four or more persons who do not have illness, disease, injury or other conditions that would require the degree of care and treatment which a hospital or [skilled nursing facility] facility for skilled nursing is designed to provide.

      Sec. 105.  NRS 654.028 is hereby amended to read as follows:

      654.028  “Nursing facility administrator” means a person who manages, supervises and is in general administrative charge of a [skilled nursing facility or an intermediate care facility.] facility for skilled nursing or facility for intermediate care.

      Sec. 106.  NRS 654.030 is hereby amended to read as follows:

      654.030  [1.  “Skilled nursing facility”] “Facility for skilled nursing” means any proprietary or nonprofit institution or facility defined and licensed as a [skilled nursing facility for licensing purposes by Nevada Revised Statutes or rules and regulations adopted by the health division of the department of human resources, which is maintained and operated primarily to provide convalescent or long-term nursing care to one or more ill persons.

      2.  “Skilled nursing facility” does not include any place providing care and treatment primarily for the acutely ill.] facility for skilled nursing pursuant to chapter 449 of NRS.

      Sec. 107.  NRS 654.110 is hereby amended to read as follows:

      654.110  1.  The board shall:

      (a) Develop, impose and enforce standards which must be met by persons in order to receive licenses as nursing facility administrators. [Such standards shall] The standards must be designed to [insure] ensure that nursing facility administrators will be persons who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing facility administrators.

      (b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether a person meets [such] those standards.

      (c) Issue licenses to persons determined, after the application of [such] appropriate techniques, to meet [such] those standards.

      (d) Revoke or suspend licenses previously issued by the board in any case when the person holding [such] the license is determined substantially to have failed to conform to the requirements of [such] the standards.


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

ê1985 Statutes of Nevada, Page 1771 (Chapter 568, AB 183)ê

 

case when the person holding [such] the license is determined substantially to have failed to conform to the requirements of [such] the standards.

      (e) Establish and carry out procedures designed to [insure] ensure that persons licensed as nursing facility administrators will, during any period they serve as such, comply with the requirements of [such] the standards.

      (f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the board to the effect that any person licensed as a nursing facility administrator has failed to comply with the requirements of [such] the standards.

      (g) Conduct a continuing study [in investigation of skilled nursing facilities, intermediate care facilities] of facilities for skilled nursing, facilities for intermediate care and their administrators with a view to the improvement of the standards imposed for the licensing of [such] administrators and of procedures and methods for the enforcement of [such] the standards.

      (h) Conduct a program of training and instruction designed to enable all persons to obtain the qualifications necessary to meet the standards set by the board for qualification as a nursing facility administrator.

      2.  All the records kept by the board, not otherwise privileged, are public records.

      Sec. 108.  NRS 654.150 is hereby amended to read as follows:

      654.150  Each applicant for licensure under this chapter [shall:] must:

      1.  Be of good moral character and physically and emotionally capable of administering a [skilled nursing facility or an intermediate care facility.] facility for skilled nursing or facility for intermediate care.

      2.  Have satisfactorily completed a course of instruction and training prescribed or approved by the board, including the study of:

      (a) The needs which are to be properly served by a [skilled nursing facility or an intermediate care facility;] facility for skilled nursing or facility for intermediate care;

      (b) The laws governing the operation of [such] a facility and the protection of the patients’ interests; and

      (c) The elements of good administration of [such] a facility.

In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the board of sufficient education, training or experience by which he would be qualified to administer, supervise and manage [such] a facility.

      3.  Pass an examination conducted and prescribed by the board under the provisions of this chapter.

      4.  Meet such other standards and qualifications as the board may from time to time establish.

      Sec. 109.  NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The board may, after notice and hearing, suspend or revoke the license of any nursing facility administrator who:


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

ê1985 Statutes of Nevada, Page 1772 (Chapter 568, AB 183)ê

 

      (a) Is convicted of a felony, or of any offense involving moral turpitude.

      (b) Has obtained his license by the use of fraud or deceit.

      (c) Violates any of the provisions of this chapter.

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, and sections 2 to 11, inclusive, of this act, as [such] those provisions pertain to [skilled nursing facilities or intermediate care facilities.] a facility for skilled nursing or facility for intermediate care.

      (e) Violates any regulation of the board prescribing additional standards of conduct for nursing facility administrators.

      2.  The board shall give a licensee against whom proceedings are brought under this section written notice of hearing not less than 10 days [prior to] before the date of [such] the hearing.

      Sec. 110.  NRS 679B.090 is hereby amended to read as follows:

      679B.090  1.  The commissioner may employ such other technical, actuarial, rating, clerical and other assistants and examiners as he may reasonably require for execution of his duties, each of whom must be in the classified service of the state.

      2.  The commissioner may contract for and procure services of examiners and other or additional specialized technical or professional assistance, as independent contractors or for a fee, as he may reasonably require. None of the persons providing those services or assistance on a contract or fee basis may be in the classified service of the state.

      3.  The commissioner shall employ or contract with a person who has knowledge and training concerning [health and care facilities] medical facilities and facilities for the dependent and the methods used to contain costs at those facilities. Under the supervision of the commissioner, this employee shall perform the commissioner’s duties under the provisions of NRS 449.440 to 449.530, inclusive, and any other duties concerning [health and care] those facilities or insurance assigned to him by the commissioner.

      Sec. 111.  NRS 689A.030 is hereby amended to read as follows:

      689A.030  A policy of health insurance must not be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:

      1.  The entire money and other considerations therefor must be expressed therein;

      2.  The time when the insurance takes effect and terminates must be expressed therein;

      3.  It must purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policy holder, any two or more eligible members of that family, including the husband, wife, dependent children, from the time of birth as provided in NRS 689A.043, or any children under a specified age which must not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policy holder;

 


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

ê1985 Statutes of Nevada, Page 1773 (Chapter 568, AB 183)ê

 

exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policy holder;

      4.  The style, arrangement and overall appearance of the policy must not give undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers must be plainly printed in light-faced type of a style in general use, the size of which must be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points (the “text” includes all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions);

      5.  The exceptions and reductions of indemnity must be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, must be printed, at the insurer’s option, with the benefit provision to which they apply or under an appropriate caption such as “Exceptions” or “Exceptions and Reductions,” except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of that exception or reduction must be included with the benefit provision to which it applies;

      6.  Each such form, including riders and endorsements, must be identified by a number in the lower left-hand corner of the first page thereof;

      7.  The policy must not contain any provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless that portion is set forth in full in the policy, except in the case of the incorporation of or reference to a statement of rates or classification of risks, or short-rate table filed with the commissioner;

      8.  The policy must provide benefits for expense arising from [home health] care at home or health supportive services if that care or service was prescribed by a physician and would have been covered by the policy if performed in a [health and care facility as defined in NRS 449.007;] medical facility or facility for the dependent as defined in chapter 449 of NRS;

      9.  The policy must provide, at the option of the applicant, benefits for expenses incurred for the treatment of [alcohol and drug abuse] abuse of alcohol or drugs as provided in NRS 689A.046; and

      10.  If the policy provides coverage for services rendered by a hospital, [health and care facility] other medical facility, facility for the dependent or other similar services it must provide coverage for such services when rendered by a hospice.

      Sec. 112.  NRS 689A.046 is hereby amended to read as follows:

      689A.046  1.  The benefits provided by individual health insurance policies, as required by subsection 9 of NRS 689A.030, for treatment of the abuse of alcohol or drugs must consist of [:

      (a) Treatment for] treatment:

      (a) For withdrawal from the physiological effect of alcohol or drugs for no more than 7 days per calendar year.


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

ê1985 Statutes of Nevada, Page 1774 (Chapter 568, AB 183)ê

 

      (b) [Inpatient treatment] As a patient in a facility with a maximum benefit of $10,000 per calendar year.

      (c) [outpatient treatment] As a patient not in a facility for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

      2.  The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in [:

      (a) Any facility for] any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug abuse] abuse of alcohol or drugs as part of its accredited activities.

      Sec. 113.  NRS 689B.030 is hereby amended to read as follows:

      689B.030  Each group health insurance policy must contain in substance the following provisions:

      1.  A provision that, in the absence of fraud, all statements made by applicants or the policy holders or by an insured person [shall be deemed] are representations and not warranties, and that no statement made for the purpose of effecting insurance voids the insurance or reduces its benefits unless the statement is contained in a written instrument signed by the policy holder or the insured person, a copy of which has been furnished to him or his beneficiary.

      2.  A provision that the insurer will furnish to the policy holder for delivery to each employee or member of the insured group a statement in summary form of the essential features of the insurance coverage of that employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one statement need be issued for each family.

      3.  A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.

      4.  A provision for benefits for expense arising from [home health] care at home or health supportive services if [such] the care or service was prescribed by a physician and would have been covered by the policy if performed in a [health and care facility as defined in NRS 449.007.] medical facility or facility for the dependent as defined in chapter 449 of NRS.

      5.  A provision for benefits payable for expenses incurred for the treatment of the abuse of alcohol or drugs, as provided in NRS 689B.036.


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

ê1985 Statutes of Nevada, Page 1775 (Chapter 568, AB 183)ê

 

treatment of the abuse of alcohol or drugs, as provided in NRS 689B.036.

      6.  If the policy provides coverage for services rendered by a hospital, [health and care facility] other medical facility, facility for the dependent or other similar services, for such services when rendered by a hospice.

      Sec. 114.  NRS 689B.036 is hereby amended to read as follows:

      689B.036  1.  The benefits provided by group health insurance policies, as required in subsection 5 of NRS 689B.030, for treatment of the abuse of alcohol or drugs must consist of [:

      (a) Treatment for] treatment:

      (a) For withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) [Inpatient treatment] As a patient in a facility with a maximum benefit of $10,000 per calendar year.

      (c) [Outpatient treatment] As a patient not in a facility for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

      2.  The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in [:

      (a) Any facility for] any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug abuse] abuse of alcohol or drugs as part of its accredited activities.

      Sec. 115.  NRS 689B.080 is hereby amended to read as follows:

      689B.080  Any insurer authorized to write health insurance in this state shall have the power to issue blanket health insurance. No [such] blanket policy, except as provided in subsection 4 of NRS 687B.120 (filing, approval of forms), may be issued or delivered in this state unless a copy of the form thereof has been filed in accordance with NRS 687B.120. Every [such] blanket policy [shall] must contain provisions which in the opinion of the commissioner are not less favorable to the policy holder and the individual insured than the following:

      1.  A provision that the policy, including endorsements and a copy of the application, if any, of the policy holder and the persons insured [shall constitute] constitutes the entire contract between the parties, and that any statement made by the policy holder or by a person insured [shall] is in the absence of fraud [be deemed] a representation and not a warranty, and that no such statements [shall] may be used in defense to a claim under the policy, unless contained in a written application.


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

ê1985 Statutes of Nevada, Page 1776 (Chapter 568, AB 183)ê

 

and not a warranty, and that no such statements [shall] may be used in defense to a claim under the policy, unless contained in a written application. [Such person,] The insured, his beneficiary or assignee [shall have] has the right to make a written request to the insurer for a copy of [such] an application, and the insurer shall, within 15 days after the receipt of [such] a request at its home office or any branch office of the insurer, deliver or mail to the person making [such] the request a copy of [such] the application. If [such] a copy is not so delivered or mailed, the insurer [shall be] is precluded from introducing [such] the application as evidence in any action based upon or involving any statements contained therein.

      2.  A provision that written notice of sickness or of injury must be given to the insurer within 20 days after the date when [such] the sickness or injury occurred. Failure to give notice within [such time shall] that time does not invalidate or reduce any claim if it is shown not to have been reasonably possible to give [such] notice and that notice was given as soon as was reasonably possible.

      3.  A provision that the insurer will furnish either to the claimant or to the policy holder for delivery to the claimant such forms as are usually furnished by it for filing proof of loss. If [such] the forms are not furnished before the expiration of 15 days after giving [of such notice,] written notice of sickness or injury, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.

      4.  A provision that in the case of a claim for loss of time for disability, written proof of [such] the loss must be furnished to the insurer within 90 days after the commencement of the period for which the insurer is liable, and that subsequent written proofs of the continuance of [such] the disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of a claim for any other loss, written proof of [such] the loss must be furnished to the insurer within 90 days after the date of [such] the loss. Failure to furnish such proof within [such time shall] that time does not invalidate or reduce any claim if it is shown not to have been reasonably possible to furnish [such] proof and that [such] the proof was furnished as soon as was reasonably possible.

      5.  A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of [due] written proof of [such] loss, and that, subject to [due] proof of loss, all accrued benefits payable under the policy for loss of time will be paid not less frequently than monthly during the continuance of the period for which the insurer is liable, and that any balance remaining unpaid at the termination of [such] that period will be paid immediately upon receipt of [such] proof.

      6.  A provision that the insurer at its own expense [shall have] has the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy where it is not prohibited by law.


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

ê1985 Statutes of Nevada, Page 1777 (Chapter 568, AB 183)ê

 

so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy where it is not prohibited by law.

      7.  A provision, if applicable, setting forth the provisions of NRS 689B.035.

      8.  A provision for benefits for expense arising from [home health] care at time or health supportive services if [such] that care or service was prescribed by a physician and would have been covered by the policy if performed in a [health and care facility as defined in NRS 449.007.] medical facility or facility for the dependent as defined in chapter 449 of NRS.

      9.  A provision that no action at law or in equity [shall] may be brought to recover under the policy [prior to] before the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of the policy and that no such action [shall] may be brought after the expiration of 3 years after the time written proof of loss is required to be furnished.

      Sec. 116.  NRS 695B.180 is hereby amended to read as follows:

      695B.180  A contract for hospital, medical or dental services must not be entered into between a corporation proposing to furnish or provide any one or more of the services authorized under this chapter and a subscriber:

      1.  Unless the entire consideration therefor is expressed in the contract.

      2.  Unless the times at which the benefits or services to the subscriber take effect and terminate are stated in a portion of the contract above the evidence of its execution.

      3.  If the contract purports to entitle more than one person to benefits or services, except for family contracts issued under NRS 695B.190, group contracts issued under NRS 695B.200, and blanket contracts issued under NRS 695B.220.

      4.  Unless every printed portion and any endorsement or attached papers are plainly printed in type of which the face is not smaller than 10 points.

      5.  Except for group contracts and blanket contracts issued under NRS 695B.220, unless the exceptions of the contract are printed with greater prominence than the benefits to which they apply.

      6.  Except for group contracts and blanket contracts issued under NRS 695B.230, unless, if any portion of the contract purports, by reason of the circumstances under which an illness, injury or disablement is incurred to reduce any service to less than that provided for the same illness, injury or disablement insured under ordinary circumstances, that portion is printed in boldface type and with greater prominence than any other text of the contract.

      7.  If the contract contains any provisions purporting to make any portion of the charter, constitution or bylaws of a nonprofit corporation a part of the contract unless that portion is set forth in full in the contract.


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

ê1985 Statutes of Nevada, Page 1778 (Chapter 568, AB 183)ê

 

      8.  Unless the contract contains a provision for benefits payable for expenses incurred for the treatment of the abuse of alcohol or drugs, as provided in NRS 695B.194.

      9.  If the contract provides coverage for services rendered by a hospital, [health and care facility] other medical facility, facility for the dependent or other similar services, unless the contract provides coverage for such services when rendered by a hospice.

      10.  Unless the contract for [hospital] service in a hospital contains in blackface type, not less than 10 points, the following provisions:

 

       This contract does not restrict or interfere with the right of any person entitled to [hospital] service and care in a hospital to select the contracting hospital or to make a free choice of his attending physician, who must be the holder of a valid and unrevoked physician’s license and a member of, or acceptable to, the attending staff and board of directors of the hospital in which the [hospital] services are to be provided.

      Sec. 117.  NRS 695B.194 is hereby amended to read as follows:

      695B.194  1.  The annual benefits provided by health insurance policies issued by a medical service corporation, as required by subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or drugs must consist of [:

      (a) Treatment for] treatment:

      (a) For withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) [Impatient treatment] As a patient in a facility with a maximum benefit of $10,000 per calendar year.

      (c) [Outpatient treatment] As a patient not in a facility for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

      2.  The insured person is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in [:

      (a) Any facility for] any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug abuse] abuse of alcohol or drugs as part of its accredited activities.

      Sec. 118.  NRS 695C.174 is hereby amended to read as follows:

      695C.174  1.  The benefits provided by health maintenance plans for treatment of the abuse of alcohol or drugs as required by subparagraph (5) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of [:

 


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

ê1985 Statutes of Nevada, Page 1779 (Chapter 568, AB 183)ê

 

for treatment of the abuse of alcohol or drugs as required by subparagraph (5) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of [:

      (a) Treatment for] treatment:

      (a) For withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) [Inpatient treatment] As a patient in a facility with a maximum benefit of $10,000 per calendar year.

      (c) [Outpatient treatment] As a patient not in a facility for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

      2.  The insured person is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in [:

      (a) Any facility for] any:

      (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug abuse] abuse of alcohol or drugs as part of its accredited activities.

      Sec. 119.  NRS 695C.176 is hereby amended to read as follows:

      695C.176  Each health care plan which provides coverage for services rendered by a hospital, [health and care facility] other medical facility, facility for the dependent or other similar services must also provide coverage for such services when rendered by a hospice.

      Sec. 120.  NRS 449.016 is hereby repealed.

      Sec. 121.  Sections 16, 54, 84, 91, 92 and 97 of this act become effective at 12:01 a.m. on July 1, 1985.

      Sec. 122.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act:

      1.  Appropriately correct any reference to a facility or establishment whose designation is changed by this act.

      2.  If an internal reference is made to a section amended or repealed by this act, delete or correct the reference or correct it by reference to the superseding section, if any.

 

________


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

ê1985 Statutes of Nevada, Page 1780ê

 

CHAPTER 569, SB 254

Senate Bill No. 254–Committee on Commerce and Labor

CHAPTER 569

AN ACT relating to employment agencies; increasing the fee charged for securing employment; clarifying the powers and duties of the agency in providing services; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 611 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of the act.

      Sec. 2.  At the time an employment agency contracts with an applicant for employment it shall supply the applicant with a copy of the signed contract.

      Secs. 3 and 4.  (Deleted by amendment.)

      Sec. 5.  In addition to the regular fee for securing employment, an employment agency may charge an applicant for employment:

      1.  Interest at the rate of 1.5 percent per month on any account which is more than 30 days past due.

      2.  Not more than $15 for each check drawn by him which is returned because he had insufficient money or credit with the drawee.

      Sec. 6.  NRS 611.020 is hereby amended to read as follows:

      611.020  As used in NRS 611.020 to 611.320, inclusive [:] , and sections 2 to 5, inclusive, of this act:

      1.  “Babysitting” means employment to care for children during a short absence of the parents or guardian.

      2.  “Employment agency” means [the business of conducting, as owner, agent, manager, contractor, subcontractor, or in any other capacity, an intelligence office, domestic and commercial employment agency, general employment bureau, hotel, or any other agency for the purpose of procuring or attempting to procure help or employment for persons seeking employment, or for the registration of persons seeking such employment or help, or for giving information as to where and of whom such help or employment may be secured, where a fee or other valuable consideration is exacted or attempted to be collected for such services.] any person who, for a fee, commission or charge:

      (a) Furnishes information to a person seeking employment enabling or tending to enable him to secure employment;

      (b) Furnishes information to a person seeking employees enabling or tending to enable him to obtain employees; or

      (c) Maintains a record of persons seeking employment or employees.

“Employment agency” does not include a recognized labor union, an employer who procures his own employees or an employee who procures other employees for his employer only.

      3.  “Gross cash wage” means wages and salary, [lodging allocation when] an allocation for lodging if lodging is furnished in the employment agreement, [and commissions paid.]


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

ê1985 Statutes of Nevada, Page 1781 (Chapter 569, SB 254)ê

 

employment agreement, [and commissions paid.] commissions paid and any other supplemental compensation, excluding tips and bonuses.

      4.  “Labor commissioner” means the labor commissioner of the State of Nevada.

      Sec. 7.  NRS 611.023 is hereby amended to read as follows:

      611.023  The labor commissioner shall administer the provisions of NRS 611.020 to 611.320, inclusive, and sections 2 to 5, inclusive, of this act, and may adopt reasonable regulations to carry out the purposes of these sections.

      Sec. 8.  NRS 611.025 is hereby amended to read as follows:

      611.025  1.  The labor commissioner or his designee may conduct hearings in the performance of his duties as set forth in NRS 611.020 to 611.320, inclusive [. The labor commissioner may issue] , and sections 2 to 5, inclusive, of this act, and may:

      (a) Issue subpenas for the attendance of witnesses and for the production of papers [.] ; and

      (b) Administer oaths, examine witnesses and take testimony.

      2.  If any person fails to comply with any subpena or order lawfully issued by the labor commissioner or his designee or to testify to any matter regarding which the person [in a hearing before the labor commissioner] may be lawfully interrogated, the district court, upon application of the labor commissioner [,] or his designee, shall compel obedience to the subpena or order or require the testimony by proceedings for contempt.

      Sec. 9.  NRS 611.040 is hereby amended to read as follows:

      611.040  1.  A written application for a license to conduct a private employment agency in this state [shall] must be made to the labor commissioner [. The application shall be in such form and content as the labor commissioner prescribes by regulation but shall include:] and must contain:

      (a) The name and address of the applicant ; [.]

      (b) The street and number of the building or place where the business is to be conducted [.] ; and

      (c) The business or occupation [engaged in by] in which the applicant was engaged for at least 2 years immediately preceding the date of the application.

      2.  The applicant [shall] must be accompanied by:

      (a) Affidavits of at least two reputable residents of this state [to the effect] stating that the applicant is a person of good moral character; and

      (b) Proof that the applicant is a resident of this state.

      Sec. 10.  NRS 611.130 is hereby amended to read as follows:

      611.130  The license [and a copy of NRS 611.020 to 611.320, inclusive, shall] must be posted in a conspicuous place in the employment agency.

      Sec. 11.  NRS 611.160 is hereby amended to read as follows:

      611.160  1.  Every licensee shall keep , for 2 years, a [register in which shall be entered:


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

ê1985 Statutes of Nevada, Page 1782 (Chapter 569, SB 254)ê

 

      (a) The date of each application for employment.

      (b) The name and address of the applicant to whom employment is promised or offered, or to whom information or assistance is given in respect to such employment.

      (c) The amount of the fee received.

      (d) Whenever possible, the names and addresses of former employers or persons to whom such applicant is known.

      2.  The licensee shall also enter in the same or in a separate register:

      (a) The name and address of every applicant for help.

      (b) The date of the application.

      (c) The kind of help requested.

      (d) The conditions of employment.

      (e) The hours of labor required.

      (f) The rate of wages to be paid.

      3.  No] record of every applicant for employment who secures employment through the services provided by the licensee. The record must include a copy of the:

      (a) Invoice given to the applicant for employment pursuant to NRS 611.180;

      (b) Application for employment submitted to the employment agency by the applicant;

      (c) Receipt given to the applicant for the payment of any fees pursuant to NRS 611.200; and

      (d) Contract between the applicant and the employment agency.

      2.  A licensee shall not make any false entry in [such registers.] these records.

      Sec. 12.  NRS 611.170 is hereby amended to read as follows:

      611.170  1.  The premises of a licensed employment agency and all the [registers, books, records and other papers] records kept by the licensee pursuant to NRS 611.020 to 611.320, inclusive, [shall be open] and sections 2 to 5, inclusive, of this act, must be made available at all reasonable hours [to the inspection of] for inspection by the labor commissioner.

      2.  Every licensee shall furnish to the labor commissioner on request a true copy of [such registers, books, records and papers, or any portion thereof, and shall make such reports as the labor commissioner may prescribe.] those records.

      Sec. 13.  NRS 611.180 is hereby amended to read as follows:

      611.180  Every licensee shall give to every applicant for employment from whom a fee [shall be received a receipt in which shall be] is required for securing employment an invoice on which is stated:

      1.  The name and address of the employment agency ; [.]

      2.  The name and address of the [person to whom the applicant is sent for employment.] employer;

      3.  The name of the applicant ; [.]

      4.  The date ; [.]


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

ê1985 Statutes of Nevada, Page 1783 (Chapter 569, SB 254)ê

 

      5.  The amount of the fee [.

      6.  The kind of work or service to be performed.

      7.  The general conditions of employment, including, among other things, the hours of service, the rate of wages or compensation, whether or not board or lodging is to be furnished, the cost of transportation and whether or not it is to be paid by the employer, the time of such service if definite and if indefinite to be so stated, and the name of the person authorizing the hiring of such applicant.] required for the services of the employment agency;

      6.  The title of the position secured by the applicant;

      7.  The name of the person authorized to hire employees for the employer; and

      8.  The amount of the gross cash wage.

      Sec. 14.  NRS 611.200 is hereby amended to read as follows:

      611.200  All receipts [shall be made] for the payment of any fees by an applicant for employment must be prepared and numbered in original and duplicate. The original [shall] must be given to the applicant paying the fee and the duplicate [shall] must be kept on file at the employment agency. Each receipt must have printed on its face in prominent type the following statement;

This agency is licensed by the labor commissioner of Nevada.

      Sec. 15.  NRS 611.210 is hereby amended to read as follows:

      611.210  The labor commissioner shall [prescribe] approve the form of the receipts [to be issued, records to be kept and reports to be made.] given, records kept and applications provided by a licensee and the form of the contract used by a licensee for its services to applicants for employment. Each licensee shall provide the necessary blanks and other supplies at his own expense.

      Sec. 16.  NRS 611.220 is hereby amended to read as follows:

      611.220  No [person] employment agency licensed pursuant to the terms of NRS 611.020 to 611.320, inclusive, and sections 2 to 5, inclusive, of this act, may charge, accept or collect from any applicant for employment as a fee for securing the employment any sum [or sums] of money in excess of [55] 65 percent of the first month’s gross cash wage received [or paid] for the employment, except babysitting. The fee for a placement for babysitting must not [be in excess of] exceed 15 percent of the gross cash wage received . [or paid for the placement.]

      Sec. 16.5.  NRS 611.230 is hereby amended to read as follows:

      611.230  Every employment agency shall keep posted in a conspicuous place in its office or place of business a card or cards, furnished by the labor commissioner, upon which [shall] must be printed in large blackfaced type the following: “No fee [shall] may be charged an applicant for employment which exceeds [55] 65 percent of the first month’s gross cash wage.

      Sec. 17.  NRS 611.240 is hereby amended to read as follows:

      611.240  [No licensee shall] An employment agency shall not accept a fee from any applicant for employment with an employer or [send out] refer any applicant for employment to an employer without having obtained orally or in writing [a bona fide order therefor.]


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

ê1985 Statutes of Nevada, Page 1784 (Chapter 569, SB 254)ê

 

out] refer any applicant for employment to an employer without having obtained orally or in writing [a bona fide order therefor.] an authorization for that referral from the employer or his agent.

      Sec. 18.  NRS 611.250 is hereby amended to read as follows:

      611.250  1.  If the applicant paying a fee fails to obtain employment, without fault refuses to accept employment, or is employed and the employment lasts less than 7 days, the employment agency shall repay the amount of the fee to the applicant . [within 3 days after he makes a demand therefor.]

      2.  A refund must be made to an applicant for employment, if the fee was paid:

      (a) In cash, within 72 hours;

      (b) By a check drawn on a bank located in this state, within 14 days; or

      (c) By a check drawn on a bank located in another state, within 30 days,

after the applicant requests the refund.

      Sec. 19.  NRS 611.265 is hereby amended to read as follows:

      611.265  No employment agency may:

      1.  Impose fees of any kind for the registration of applicants [except for furnishing employment or employees directly through the efforts of the agency.

      2.  Procure or attempt to procure] for employment without the written permission of the labor commissioner.

      2.  Cause or attempt to cause the discharge of any person from his employment . [or unduly influence an employee to quit his employment for the purpose of obtaining other employment through such agency.]

      3.  Require any applicant to subscribe to any publication or incidental service or contribute to the cost of advertising.

      4.  Refer any applicant to any employment or occupation prohibited by law.

      5.  Except with the written consent of the labor commissioner, conduct an employment agency [business] in a room [or rooms] used for sleeping or [other living purposes.] as a residence.

      6.  Use any name, sign or device for advertising [device] bearing a name that is similar to or can reasonably be confused with the name of any [government] governmental agency or [previously] another licensed employment agency.

      7.  Require any applicant to execute any contract or other document relating to his liability or obligation concerning employment services except on such forms as are [prescribed or] approved by the labor commissioner . [, and every such] Any document executed contrary to this subsection is void.

      Sec. 20.  NRS 611.300 is hereby amended to read as follows:

      611.300  An employment agency shall not divide fees with an employer, an agent or other employee of an employer [,] or any other person to whom [employment service has been furnished, or any other person not authorized to charge a fee under the provisions of NRS 611.020 to 611.320, inclusive.]


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

ê1985 Statutes of Nevada, Page 1785 (Chapter 569, SB 254)ê

 

611.020 to 611.320, inclusive.] services for employment are provided by the agency.

      Sec. 21.  NRS 611.190 is hereby repealed.

 

________

 

 

CHAPTER 570, AB 634

Assembly Bill No. 634–Committee on Judiciary

CHAPTER 570

AN ACT relating to private corporations; changing the method of redeeming or converting stock in connection with the consolidation or merger of corporations; limiting the period during which a claim may be commenced involving a dissolved corporation; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 78.035 is hereby amended to read as follows:

      78.035  The certificate or articles of incorporation [shall] must set forth:

      1.  The name of the corporation, which must not be the same as, or deceptively similar to, the name of any other corporation formed or incorporated in this state or of any foreign corporation authorized to transact business within this state or a name reserved for the use of any other proposed corporation as provided in NRS 78.040, unless the written acknowledged consent of [such] the other corporation or person for whom [such] the name is reserved to the adoption of [such] the name is filed with the articles. A name appearing to be that of a natural person and containing a given name or initials must not be used as a corporate name except with an additional word or words such as “Incorporated,” “Limited,” “Inc.,” “Ltd.,” “Company,” “Co.,” “Corporation,” “Corp.,” or other word which identifies it as not being a natural person.

      2.  The name of the county, and of the city or town, and of the place within the county, city or town in which its principal office or place of business is to be located in this state, giving the street and number wherever practicable , [;] and if not so described as to be easily located within the county, city or town, the secretary of state shall refuse to issue his certificate until the location is marked and established.

      3.  The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It is [a] sufficient [compliance with this subsection] to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such a statement makes all lawful activities within the objects or purposes of the corporation.


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

ê1985 Statutes of Nevada, Page 1786 (Chapter 570, AB 634)ê

 

      4.  The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist [;] or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of such shares, if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value. If the corporation is to issue more than one class of stock, there must be set forth therein a [description of the different classes thereof and a statement of the relative rights of the holders of stock of such classes; and if] statement that more than one class of stock is authorized, whether each class is preferred, special or common, and the total number of shares of each class of stock which the corporation may issue. If the corporation is to issue [in series] any class or series of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or [classes,] series, there must be set forth in the certificate or articles of incorporation the limits, if any, of variation between [each] the respective classes or series of each class, as to designation, voting, amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion [price] rights or otherwise , [;] but in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the [same] designations, rights, preferences or other variations of each class or series within each class as provided by NRS 78.195.

      5.  Whether the members of the governing board must be styled directors or trustees of the corporation, and the number, names and post office addresses of the first board of directors or trustees, which may not be less than three unless the articles set forth that the initial number of stockholders will be less than three , [;] together with any desired provisions relative to the right to change the number of directors as provided by NRS 78.330.

      6.  Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in is subject to assessment to pay the debts of the corporation. Unless provision is made in the original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock and no stock issued as fully paid up, may ever be assessed, and the articles of incorporation must not be amended in this particular.

      7.  The name and post office address of each of the incorporators signing the certificate or articles of incorporation.

      8.  Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.

      [9.]

The certificate or articles of incorporation may also contain any provisions, not contrary to the laws of this state, which the incorporators choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the corporation.


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

ê1985 Statutes of Nevada, Page 1787 (Chapter 570, AB 634)ê

 

powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the corporation.

      Sec. 2.  NRS 78.195 is hereby amended to read as follows:

      78.195  1.  Every corporation [shall have power to issue one class or kind of stock, or two] may issue one or more classes or kinds of stock, any of which may be of stock with [par value or stock] or without par value, with full or limited voting powers or without voting powers and with such designations, preferences and relative, participating, optional or other special rights, or qualifications, limitations or restrictions thereof, as [shall be] are stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution [or resolutions] providing for the issue of such stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the certificate or articles of incorporation, or of any amendment thereto. Any class or kind of stock may be special stock, whether [a] the corporation has the power to issue one or more [than one class or kind] classes or kinds of stock. The power to increase or decrease or otherwise adjust the capital stock as provided in this chapter [shall apply] applies to all or any of such classes of stock.

      2.  Any preferred or special stock may be made subject to redemption at such [time or] times and at such [price or] prices, and may be issued in such series, with such designations, preferences, and relative, participating, optional or other special rights, qualifications, limitations or restrictions thereof as [shall be] are stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution [or resolutions] providing for the issue of such stock adopted by the board of directors . [as hereinabove provided.]

      3.  The [holders] holder of preferred or special [stocks] stock of any class or series thereof [shall be] is entitled to receive dividends at such rates, on such conditions and at such times as [shall be] are expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution [or resolutions] providing for the issue of such stock adopted by the board of directors , [as hereinabove provided,] payable in preference to, or in [such] relation to, the dividends payable on any other class or classes of stock, and cumulative or noncumulative as [shall be so] expressed. When [dividends] a dividend upon the preferred and special stocks, if any, to the extent of the preference to which such stocks are entitled, [shall have] has been paid or declared and set apart for payment, a dividend on any remaining class [or classes] of stock may then be paid out of the remaining assets of the corporation available for dividends.

      4.  The holders of the preferred or special stocks of any class or series thereof [shall be] are entitled to such rights upon the dissolution of, or upon any distribution of the assets of, the corporation as [shall be] are stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution [or resolutions] providing for the issue of such stock adopted by the board of directors .


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

ê1985 Statutes of Nevada, Page 1788 (Chapter 570, AB 634)ê

 

providing for the issue of such stock adopted by the board of directors . [as hereinabove provided.]

      5.  Any preferred or special stocks of any class or series thereof [, if there are other classes or series,] may be made convertible into, or exchangeable for, shares of any other class or classes or of any other series of the same or any other class or classes of stock of the corporation at such [price or] prices or at such rates of exchange and with such adjustments as [shall be] are stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution or resolutions providing for the issue of such stocks adopted by the board of directors . [as hereinabove provided.]

      6.  If the corporation [shall be] is authorized to issue more than one class of stock or more than one series of any class, the designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights [shall] must be set forth in full or summarized on the face or back of the certificate which the corporation [shall issue] issues to represent such stock, except that, in lieu thereof, the certificate may contain a statement setting forth the office or agency of the corporation from which [stockholders] a stockholder may obtain a copy of a statement setting forth in full or summarizing such designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights. [In such event, the] The corporation shall furnish to its stockholders, upon request and without charge, a copy of any such statement or summary.

      7.  If the corporation [shall be] is authorized to issue only special stock, [such certificate shall] the certificate must set forth in full or summarize the rights of the holders of [such] the stock and, when stock of any class or series thereof is issued, the designations, preferences and rights of which [shall not] have not been set forth in the certificate or articles of incorporation or an amendment thereto, the designations, preferences and relative, participating, optional or other special rights of such stock and the qualifications, limitations or restrictions of such rights [shall] must be set forth in a certificate made under the seal of the corporation and signed by its president, or a vice president, and its secretary, or an assistant secretary, and acknowledged by [such] the president or vice president before an officer authorized by the laws of Nevada to take acknowledgments of deeds, and [such certificate shall] the certificate must be filed and a copy thereof recorded in the same manner as certificates or articles of incorporation are required to be filed and recorded.

      [8.  No corporation shall create any preferred or special stock unless the creation of such stock shall be authorized by the certificate or articles of incorporation or an amendment thereto.]

      Sec. 3.  NRS 78.2065 is hereby amended to read as follows:

      78.2065  1.  A proposal to reduce the number of outstanding shares of a corporation organized under the provisions of this chapter in which money will be paid to a person otherwise entitled to become a holder of a fraction of a share must not be adopted unless there is first mailed to all stockholders of record:

 


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

ê1985 Statutes of Nevada, Page 1789 (Chapter 570, AB 634)ê

 

in which money will be paid to a person otherwise entitled to become a holder of a fraction of a share must not be adopted unless there is first mailed to all stockholders of record:

      (a) A notice of the meeting or request for consent to act without a meeting, which must contain the details of the proposed reduction of shares;

      (b) An offer to reproduce and deliver a list containing the names and addresses of all current stockholders of record to any stockholder who requests that list and pays the actual costs of reproduction and postage; and

      (c) A statement of the rights of the holders of 15 percent or more of the outstanding shares to demand an appraisal.

      2.  If a corporation plans to reduce the number of outstanding shares and a demand for an appraisal is made pursuant to the provisions of NRS 78.206, the procedure for appraisal prescribed in NRS 78.510 and 78.515 applies.

      Sec. 4.  NRS 78.210 is hereby amended to read as follows:

      78.210  1.  Any corporation existing under any law of this state may issue stock for labor, services, or personal property, or real estate or leases thereof. Any shares issued for such a consideration shall be deemed fully paid if:

      (a) The entire amount; or

      (b) Not less than the amount characterized as capital pursuant to NRS 78.270 accompanied by the legally enforceable obligation of the subscriber to pay the balance of the subscription,

has been received by the corporation. The judgment of the directors as to the value of [such] the labor, services, property, real estate or leases thereof, [shall be] is conclusive as to all except the then existing stockholders and creditors, and as to the then existing stockholders and creditors it [shall be] is conclusive in the absence of actual fraud in the transaction.

      [2.  Any and all shares issued for the consideration prescribed or fixed, in accordance with the provisions of this section, shall be fully paid.]

      Sec. 5.  NRS 78.403 is hereby amended to read as follows:

      78.403  1.  A corporation may restate , or amend and restate, in a single certificate the entire text of its articles of incorporation as amended by filing with the secretary of state a certificate entitled “Restated Articles of Incorporation of ..............................,” which [shall] must set forth the articles as amended to the date of the certificate . [, but the certificate shall not alter or amend the articles in any respect except that the signatures and acknowledgments of the incorporators may be omitted.

      2.  The certificate shall] If the certificate alters or amends the articles in any manner, it must comply with the provisions of this chapter governing such amendments.

      2.  If the certificate does not alter or amend the articles, it must be signed by the president or vice president and the secretary or assistant secretary of the corporation and [shall] must be verified by their signed affidavits that they have been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles of incorporation as amended to the date of the certificate.


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

ê1985 Statutes of Nevada, Page 1790 (Chapter 570, AB 634)ê

 

secretary of the corporation and [shall] must be verified by their signed affidavits that they have been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles of incorporation as amended to the date of the certificate.

      3.  The signatures and acknowledgments of the incorporators may be omitted from the restated articles.

      4.  Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed subsequent to the restated articles and certified copies of all certificates supplementary to the original articles.

      Sec. 6.  NRS 78.455 is hereby amended to read as follows:

      78.455  The directors, or a majority of them, of each [of such corporations as desire] corporation desiring to merge or consolidate, may enter into an agreement signed by them, prescribing the terms and conditions of merger or consolidation, the mode of carrying the merger or consolidation into effect, and the manner [and basis of causing the shares of each of the constituent corporations to constitute or to be converted into shares (whether the same or a different number or class or classes or kind or kinds of shares) of the surviving or consolidated corporation, with such other details and provisions as are deemed necessary or desirable.] of converting the shares of each of the constituent corporations into shares or other securities of the corporation surviving or resulting from the merger or consolidation. If any shares of any of the constituent corporations are not to be converted solely into shares or other securities of the surviving or resulting corporation, the agreement must specify the cash, property, rights or securities of any other corporation which the holders of such shares are to receive in exchange for, or upon the conversion of, such shares and the surrender of any certificates evidencing them which may be in addition to or in lieu of the shares or other securities of the surviving or consolidated corporation.

      Sec. 7.  NRS 78.465 is hereby amended to read as follows:

      78.465  1.  The agreement may state [,] as the amount of capital of the surviving or consolidated corporation, as the case may be, any amount not less than:

      (a) The aggregate par value of the shares having par value of the surviving or consolidated corporation to be distributed in place of the shares of the constituent corporations issued and outstanding immediately [prior to] before the time when the agreement becomes effective as provided in NRS 78.470, including also, in the case of a merger in which shares of the surviving corporation with par value outstanding immediately [prior to] before the effective date of [such] the merger are, by the terms of the agreement, thereafter to remain outstanding, the amount of capital represented by such shares; and

      (b) The amount of capital represented by the shares without par value of the surviving or consolidated corporation to be distributed in place of shares of the constituent corporations issued and outstanding immediately [prior to] before the time when the agreement becomes effective as provided in NRS 78.470, including also, in the case of a merger in which shares of the surviving corporation without par value outstanding immediately [prior to] before the effective date of [such] the merger are, by the terms of the agreement, thereafter to remain outstanding, the amount of capital represented by such shares.


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

ê1985 Statutes of Nevada, Page 1791 (Chapter 570, AB 634)ê

 

of the surviving or consolidated corporation to be distributed in place of shares of the constituent corporations issued and outstanding immediately [prior to] before the time when the agreement becomes effective as provided in NRS 78.470, including also, in the case of a merger in which shares of the surviving corporation without par value outstanding immediately [prior to] before the effective date of [such] the merger are, by the terms of the agreement, thereafter to remain outstanding, the amount of capital represented by such shares.

      2.  The agreement may provide that any given portion of the surplus appearing on the books of the constituent corporations, whatever [the] their nature or origin [of the same] may be, [shall,] must to the extent to which [such] the surplus is not capitalized by the issue of shares of the surviving or consolidated corporation or otherwise, be entered as surplus on the books of the surviving or consolidated corporation and all such surplus [shall] must thereafter be dealt with as surplus available for dividends and for other corporate purposes . [; and if] If the agreement so provides, any portion of [such] the surplus so entered on the books of the surviving or consolidated corporation [shall] must be of the same character as it was on the books of the constituent corporations.

      3.  The agreement may also provide that any given portion of the deficit appearing on the books of the constituent corporations, to the extent to which [such] the deficit is not eliminated, [shall] must be entered as a deficit on the books of the surviving or consolidated corporations and [shall] thereafter be treated as such.

      [4.  The agreement may further provide for the distribution of case, property or securities, in whole or in part, in lieu of shares, to stockholders of the constituent corporations or any of them; but upon such distribution of cash, property or securities in lieu of shares, the liabilities of the surviving or consolidated corporation, and the amount of capital of the surviving or consolidated corporation stated in the agreement as the amount with which the surviving or consolidated corporation shall continue or begin business, shall not exceed the amount at which the assets of such surviving or consolidated corporation were carried on the books of the constituent corporation immediately prior to the time when the agreement becomes effective as provided in NRS 78.470, after giving effect to such distribution.]

      Sec. 8.  NRS 78.470 is hereby amended to read as follows:

      78.470  1.  The agreement [shall] must be submitted to the stockholders of each constituent corporation at a meeting thereof, called for the purpose of considering and taking action upon the agreement. Notice of the time, place and object of each meeting [shall] must be given in the manner required by NRS 78.370 to each stockholder of each of the constituent corporations.

      2.  At each meeting the agreement [shall] must be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the agreement . [; and if the votes of stockholders of each constituent corporation representing not less than a majority of each class of the issued and outstanding shares of each constituent corporation, even though their right to vote be otherwise restricted or denied, shall be for the adoption of the agreement, then that fact shall be set forth in a certificate attached to the agreement by the secretary or assistant secretary of each constituent corporation.]


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

ê1985 Statutes of Nevada, Page 1792 (Chapter 570, AB 634)ê

 

of the issued and outstanding shares of each constituent corporation, even though their right to vote be otherwise restricted or denied, shall be for the adoption of the agreement, then that fact shall be set forth in a certificate attached to the agreement by the secretary or assistant secretary of each constituent corporation.] The agreement must be approved by the votes of stockholders representing a majority of the shares entitled to vote thereon of each constituent corporation unless stockholders of a class of shares of a constituent corporation are entitled to vote thereon as a class. If stockholders of a class of shares of a constituent are so entitled, the agreement must be approved by the votes of stockholders representing a majority of the shares of each class entitled to vote thereon as a class and representing the total shares entitled to be voted. Stockholders of a class of shares of any constituent corporation are entitled to vote as a class if the agreement contains a provision that, if contained in a proposed amendment to its articles of incorporation, would entitle those stockholders to vote as a class.

      3.  The agreement so adopted and certified [shall] must be signed by the president or vice president, and the secretary or assistant secretary, of each constituent corporation, and acknowledged by the president or vice president of each constituent corporation, before any officer authorized by the laws of this state to take acknowledgments of deeds, to be the respective act, deed and agreement of each constituent corporation.

      4.  The agreement so certified and acknowledged [shall] must be filed in the office of the secretary of state, and [shall thence be taken and] then shall be deemed to be the agreement and act of merger or consolidation of the constituent corporations.

      5.  A certified copy thereof [shall be] is prima facie evidence of the performance of all conditions precedent to [such] the merger or consolidation and of the continued existence of the surviving corporation or of the creation and existence of the consolidated corporation.

      6.  It [shall be] is lawful to make provision in the certificate or articles of incorporation of any corporation, organized under the laws of this state, requiring a larger vote of stockholders for the approval of a merger or consolidation agreement than the vote required by the [foregoing] provisions of this section.

      7.  Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes.

      Sec. 9.  NRS 78.480 is hereby amended to read as follows:

      78.480  1.  All the constituent corporations [shall] must enter into an agreement in writing which [shall] must prescribe:

      (a) The terms and conditions of the merger or consolidation.

      (b) The mode of carrying the merger or consolidation into effect.

      (c) The manner [and basis of causing] of converting the shares of each of the constituent corporations [to constitute or to be converted into shares of the surviving or consolidated corporation.] into shares or other securities of the corporation surviving or resulting from the merger or consolidation and the other consideration which the holders of shares in the constituent corporations may receive in exchange for, or upon the conversion of, those shares, or the certificates evidencing them which may be in addition to or in lieu of shares or other securities of the surviving or consolidated corporation.


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

ê1985 Statutes of Nevada, Page 1793 (Chapter 570, AB 634)ê

 

of shares in the constituent corporations may receive in exchange for, or upon the conversion of, those shares, or the certificates evidencing them which may be in addition to or in lieu of shares or other securities of the surviving or consolidated corporation.

      (d) Such other details and provisions as [shall be] are deemed necessary or proper, including, but without limitation, any of the provisions permitted by NRS 78.455, 78.460 and 78.465.

      2.  [There shall also be set forth in the] The agreement must also set forth such other facts as [shall then be required to be set forth] are required in certificates of incorporation by the laws of the state or foreign country, which are stated in the agreement to be the laws that [shall] govern the surviving or consolidated corporation and that can be stated in the case of a consolidation or merger.

      3.  If the agreement [be] is for a merger and the surviving corporation is a corporation organized under the laws of this state, the agreement [shall] must state any matters with respect to which the certificate or articles of incorporation of the surviving corporation are to be amended, and the certificate or articles of incorporation shall be deemed to be amended accordingly upon the filing of the agreement in the office of the secretary of state.

      4.  If the agreement [be] is for a consolidation and the consolidated corporation is to be governed by the laws of this state, the agreement [shall] must state the matters required or permitted by NRS 78.035 to be set forth in a certificate or articles of incorporation, and such statements shall be deemed to be the certificate or articles of incorporation of the consolidated corporation upon the filing of the agreement in the office of the secretary of state.

      Sec. 10.  NRS 78.585 is hereby amended to read as follows:

      78.585  [1.  All corporations, whether they expire by their own limitation, or are otherwise dissolved, or whose charter has been forfeited, shall nevertheless be continued as bodies] The dissolution of a corporation does not impair any remedy or cause of action available to or against it or its directors, officers or shareholders arising before its dissolution and commenced within 2 years after the date of the dissolution. It continues as a body corporate for the purpose of prosecuting and defending suits, actions, proceedings and claims of any kind or character by or against [them,] it and of enabling [them] it gradually to settle and close [their] its business, to collect and discharge its obligations, to dispose of and convey [their] its property, and to distribute [their] its assets, but not for the purpose of continuing the business for which [the corporation shall have been] it was established.

      [2.  The provisions of this section shall apply to corporations heretofore as well as hereafter dissolved; but should such application be unconstitutional as to heretofore dissolved corporations, this provision shall apply only to corporations hereafter dissolved, and prior law shall remain in effect as to corporations heretofore dissolved.]


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

ê1985 Statutes of Nevada, Page 1794 (Chapter 570, AB 634)ê

 

      Sec. 11.  The amendatory provisions of section 10 of this act apply to corporations which are dissolved on or after July 1, 1985. The provisions apply to corporations dissolved before July 1, 1985, unless a court determines that its application to a corporation dissolved before that date is unconstitutional, in which case the law as it existed before that date governing the continuation of a corporation after its dissolution applies.

 

________

 

 

CHAPTER 571, SB 451

Senate Bill No. 451–Committee on Natural Resources

CHAPTER 571

AN ACT relating to the conservation of energy; authorizing the office of community affairs to adopt standards for the conservation of energy in buildings; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 523 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The director shall adopt regulations for the conservation of energy in buildings, including manufactured homes, which establish the minimum standards for:

      (a) The construction of floors, walls, ceilings and roofs;

      (b) The equipment and systems for heating, ventilation and air-conditioning;

      (c) Electrical equipment and systems;

      (d) Insulation; and

      (e) Other factors which affect the use of energy in a building.

      2.  The director may exempt a building from a standard if he determines that application of the standard to the building would not accomplish the purpose of the regulations.

      3.  The regulations must authorize allowances in design and construction for solar, wind or any other renewable source of energy used to supply all or a part of the energy required in a building.

      4.  The standards adopted by the director are the minimum standards for the conservation of energy which apply only to areas in which the governing body of the local government has not adopted standards for the conservation of energy in buildings. Such governing bodies shall assist the director in the enforcement of the regulations adopted pursuant to this section.

      5.  The director shall solicit comments regarding the adoption of regulations pursuant to this section from:

      (a) Persons in the business of constructing and selling homes;

      (b) Contracts;


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

ê1985 Statutes of Nevada, Page 1795 (Chapter 571, SB 451)ê

 

      (c) Public utilities;

      (d) Local building inspectors; and

      (e) The general public,

before adoping any regulations. The director must conduct at least three hearings in different locations in the state, after giving 30 days’ notice of each hearing, before he may adopt any regulations pursuant to this section.

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

 

________

 

 

CHAPTER 572, SB 446

Senate Bill No. 446–Committee on Finance

CHAPTER 572

AN ACT relating to the state government; establishing a committee to select sites for new prisons; requiring advance planning of those prisons; establishing a committee to study industrial programs for prisons; making appropriations; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The committee to select sites for new prisons, consisting of seven members, is hereby created. The interim finance committee shall appoint five legislators to the committee. The public works board shall appoint one of its members to the committee. The director of the department of prisons shall appoint a representative of the department of prisons to the committee.

      2.  The interim finance committee shall designate one of the members of the committee as chairman.

      Sec. 2.  1.  The committee to select sites for new prisons shall meet as often as is necessary to review proposals for sites for new prisons. The committee shall submit its findings and proposals to the interim finance committee.

      2.  After receiving the interim finance committee’s approval of proposed sites, the committee shall prepare advance plans for new prisons at those sites and submit the plans to the 64th session of the legislature.

      Sec. 3.  1.  For each meeting of the committee to select sites for new prisons:

      (a) Each legislator is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;

      (b) The member of the public works board is entitled to receive the compensation provided for his attendance at meetings of the public works board; and

      (c) All members of the committee are entitled to receive the per diem allowance and travel expenses provided by law for state officers and employees generally.


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

ê1985 Statutes of Nevada, Page 1796 (Chapter 572, SB 446)ê

 

allowance and travel expenses provided by law for state officers and employees generally.

      2.  The expenses incurred pursuant to subsection 1 must be paid from the appropriations made pursuant to paragraphs (a) and (b) of subsection 1 of section 7 of this act.

      Sec. 4.  1.  The committee to study industrial programs for prisons, consisting of 11 members, is hereby created. The interim finance committee shall appoint to the committee five legislators and three persons who are representatives of business and industry. The director of the department of prisons shall appoint two representatives of the department of prisons to the committee. The lieutenant governor shall serve as a member of the committee.

      2.  The interim finance committee shall designate one of the members of the committee as chairman.

      Sec. 5.  1.  The committee to study industrial programs for prisons shall meet as often as is necessary to review existing industrial programs for prisons and proposals for new programs, and to encourage businesses to cooperate in establishing new programs.

      2.  The committee shall prepare and submit a report of its findings and recommendations to the 64th session of the legislature.

      Sec. 6.  1.  For each meeting of the committee to study industrial programs for prisons:

      (a) Each legislator and the lieutenant governor are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session; and

      (b) All members of the committee are entitled to receive the per diem allowance and travel expenses provided by law for state officers and employees generally.

      2.  The expenses incurred pursuant to subsection 1 must be paid from the appropriation made pursuant to paragraph (c) of subsection 1 of section 7 of this act.

      Sec. 7.  1.  There is hereby appropriated from the state general fund to the interim finance committee:

      (a) The sum of $1,470,000 for the costs of the selection of a site for and the advance planning and design of a new prison.

      (b) The sum of $500,000 for the costs of the selection of a site for and the advance planning and design of another new prison.

      (c) The sum of $25,000 for expenses incurred by the committee to study industrial programs for prisons.

      2.  Any remaining balance of an appropriation made pursuant to subsection 1 must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 8.  Any revenue received on or after July 1, 1986, and before January 1, 1987, which would but for this section be credited to the state general fund and if so credited would increase the unappropriated balance of that fund above the balance remaining after the making of both distributions required by section 8 of Assembly Bill No. 540 of this session, but not more than $25,000,000 in all is hereby appropriated to a fund for the construction of new prisons and other capital improvements.


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

ê1985 Statutes of Nevada, Page 1797 (Chapter 572, SB 446)ê

 

session, but not more than $25,000,000 in all is hereby appropriated to a fund for the construction of new prisons and other capital improvements. Interest earned on the money in the fund must be credited to the fund. Money so reserved may not be withdrawn except by further act of the legislature.

      Sec. 9.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 573, AB 507

Assembly Bill No. 507–Committee on Judiciary

CHAPTER 573

AN ACT relating to gambling; establishing a threshold amount for the initiation of an administrative investigation of disputed winnings; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.362 is hereby amended to read as follows:

      463.362  1.  Whenever a licensee refuses payment of alleged winnings to a patron, the licensee and the patron are unable to resolve the dispute to the patron’s satisfaction and the dispute involves:

      (a) At least $500, the licensee shall immediately notify the board [.] ; or

      (b) Less than $500, the licensee shall inform the patron of his right to request that the board conduct an investigation.

The board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether or not payment should be made.

      2.  The board’s agent shall notify the board, the licensee and the patron of his decision resolving the dispute, in writing, within 30 days after the date when the board first received notification from the licensee or a request to conduct an investigation from the patron.

      3.  Failure to notify the board or patron as provided in subsection 1 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.

 

________


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

ê1985 Statutes of Nevada, Page 1798ê

 

CHAPTER 574, SB 503

Senate Bill No. 503–Committee on Government Affairs

CHAPTER 574

AN ACT relating to general improvement districts; authorizing the creation of a district to provide emergency medical services; excluding that district from receiving any share of the money derived from the supplemental city-county relief tax; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 318 of NRS is hereby amended by adding thereto a new section to read as follows:

      In the case of a district created wholly or in part for furnishing emergency medical services, the board may:

      1.  Acquire any equipment and property necessary for those services;

      2.  Hire and supervise emergency medical technicians certified pursuant to chapter 450B of NRS and other personnel necessary to carry out the functions of the district; and

      3.  Fix rates or charges for the use of the services furnished by the district and change those rates or charges as it considers necessary.

      Sec. 2.  NRS 318.085 is hereby amended to read as follows:

      318.085  Except as otherwise provided in NRS 318.0953 and 318.09533:

      1.  After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.

      2.  The board shall adopt a seal.

      3.  The secretary shall keep, in a well-bound book, a record of all of the board’s proceedings, minutes of all meetings, any certificates, contracts, bonds given by employees [,] and all corporate acts . [, which book shall] This book must be open to inspection of all owners of real property in the district as well as to all other interested persons.

      4.  The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district [,] in permanent records. He shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may , [from time to time,] upon good cause shown, increase or decrease the amount of [such] that bond.

      5.  Each member of a board of trustees of a district organized or reorganized pursuant to this chapter may receive as compensation for his service not more than $6,000 per year, payable monthly, if the budget is adequate and a majority of the members of the board vote in favor of such compensation, but no member of the board may receive any other compensation for his service to the district as an employee or otherwise.


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

ê1985 Statutes of Nevada, Page 1799 (Chapter 574, SB 503)ê

 

reorganized pursuant to this chapter may receive as compensation for his service not more than $6,000 per year, payable monthly, if the budget is adequate and a majority of the members of the board vote in favor of such compensation, but no member of the board may receive any other compensation for his service to the district as an employee or otherwise. A member of the board is not entitled to receive as compensation more than $1,800 per year if the additional compensation is approved during the term of the member.

      Sec. 3.  NRS 318.090 is hereby amended to read as follows:

      318.090  Except as otherwise provided in NRS 318.0953 and 318.09533:

      1.  The board shall, by resolution, designate the place where the office or principal place of the district [shall] is to be located, which [shall] must be within the corporate limits of the district, and which may be changed by resolution of the board . [from time to time.] Copies of all [such resolutions shall] those resolutions must be filed with the county clerk or clerks of the county or counties wherein the district is located within 5 days [following] after their adoption. The official records and files of the district [shall] must be kept at [the office so established and shall] that office and must be open to public inspection as provided in NRS 239.010.

      2.  The board of trustees shall meet regularly at least once each year, and at such other [time or] times at the office or principal place of the district as provided in the bylaws.

      3.  Special meetings may be held on notice to each member of the board as often as, and at such [place or] places within the district as, the needs of the district require.

      4.  Three members of the board [shall] constitute a quorum at any meeting.

      5.  Any vacancy on the board [shall] must be filled by a qualified elector of the district chosen by the remaining members [or member] of the board, the appointee to act until a successor in office qualifies [as a trustee by taking an oath and causing it and a bond to be filed] as provided in NRS 318.080 on or after the 1st Monday in January next following the next biennial election, held in accordance with NRS 318.095, at which election the vacancy [shall] must be filled by election if the term of office extends beyond [such] that 1st Monday in January . [next following the election.] Nominations of qualified electors of the district as candidates to fill [such] unexpired terms of 2 years may be made the same as nominations for regular terms of 4 years, as provided in NRS 318.095. If the board fails, neglects or refuses to fill any vacancy within 30 days after the [same] vacancy occurs, the board of county commissioners shall fill [such] that vacancy.

      6.  Each term of office of 4 years [shall terminate] terminates on the 1st Monday in January next following the general election at which a successor in office is elected, as provided in NRS 318.095 . [, and the] The successor’s term of office [shall then commence] commences then or as soon thereafter as the successor qualifies [as a trustee by taking an oath and causing it and a bond to be filed] as provided in NRS 318.080, subject to the provisions in this chapter for initial appointments to a board, for appointments to fill vacancies of unexpired terms, and for the reorganizations of districts under this chapter which were organized under other chapters of NRS.


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

ê1985 Statutes of Nevada, Page 1800 (Chapter 574, SB 503)ê

 

an oath and causing it and a bond to be filed] as provided in NRS 318.080, subject to the provisions in this chapter for initial appointments to a board, for appointments to fill vacancies of unexpired terms, and for the reorganizations of districts under this chapter which were organized under other chapters of NRS.

      Sec. 4.  NRS 318.095 is hereby amended to read as follows:

      318.095  Except as otherwise provided in NRS 318.0953:

      1.  There must be held simultaneously with the first general election in the county after the creation of the district and simultaneously with every general election thereafter an election to be known as the biennial election of the district. The election must be conducted under the supervision of the county clerk or registrar of voters.

      2.  The office of trustee is a nonpartisan office. The general election laws of this state govern the candidacy, nominations and election of a member of the board.

      3.  At the first biennial election in any district organized or reorganized and operating under this chapter, and each fourth year thereafter, there must be elected by the qualified electors of the district two qualified electors as members of the board to serve for terms of 4 years . [; at] At the second biennial election and each fourth year thereafter, there must be so elected three qualified electors as members of the board to serve for terms of 4 years.

      4.  The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the county clerk or registrar of voters may direct.

      5.  Any new member of the board must qualify in the same manner as members of the first board qualify.

      Sec. 5.  NRS 318.0951 is hereby amended to read as follows:

      318.0951  Except as otherwise provided in NRS 318.0952 or 318.0953:

      1.  Each trustee elected at any biennial election [shall] must be chosen by a plurality of the qualified electors of the district voting on the candidates for the vacancies to be filled.

      2.  If there are two regular terms which end on the 1st Monday in January next following the biennial election, the two qualified electors receiving the highest and next highest number of votes [shall respectively] must be elected. If there are three regular terms so ending, the three qualified electors receiving the highest, next highest and third highest number of votes [shall respectively] must be elected.

      3.  If there is a vacancy in an unexpired regular term to be filled at the biennial election, as provided in subsection 5 of NRS 318.090, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in subsection 2, [shall] must be elected.

      Sec. 6.  NRS 318.0952 is hereby amended to read as follows:

      318.0982  [1.  Notwithstanding the provisions of NRS 318.0951, trustees] Except as otherwise provided in NRS 318.0953:


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

ê1985 Statutes of Nevada, Page 1801 (Chapter 574, SB 503)ê

 

      1.  Trustees may be elected in the alternate manner provided in this section from [district trustee] election areas [.] within the district.

      2.  Within 30 days [prior to] before May 1 of any year in which a general election is to be held in the state, 10 percent or more of the qualified electors of the district voting at the next [prior] preceding biennial election of the district may file a written petition with the board of county commissioners of the county vested with jurisdiction under NRS 318.050 praying for the creation of [district trustee] election areas within the district in the manner provided in this section. The petition [shall] must specify with particularity the five [district trustee election] areas proposed to be created. The description of the proposed [district trustee] election areas need not be given by metes and bounds or by legal subdivisions, but [shall] must be sufficient to enable a person to ascertain what territory is proposed to be included within a particular [district trustee election] area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall [make] take an oath, before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

      3.  Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of [such notice shall be] that notice are a proper charge against the district fund.

      4.  If, as a result of the public hearing, the board of county commissioners finds that the creation of [district trustee] election areas within the district is desirable, the board of county commissioners shall, by resolution regularly adopted [prior to] before June 1, divide the district into the [district trustee election] areas specified in the petition, designate them by number and define their boundaries. The territory comprising each [district trustee] election area [shall] must be contiguous. One trustee [shall] must be elected from each [district trustee] election area by a majority of the qualified electors voting on the candidates for any vacancy for [such] that area as provided in subsection 7.

      5.  [Prior to] Before June 1 and immediately following the adoption of the resolution creating [district trustee] election areas within a district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the secretary of the district.

      6.  Upon the creation of [district trustee] election areas within a district , the terms of office of all trustees then in office [shall] expire on the 1st Monday of January thereafter next following a biennial election. At the biennial election held following the creation of [district trustee] election areas within a district, district trustees to represent the odd-numbered [district trustee] election areas [shall] must be elected for terms of 4 years and district trustees to represent the even-numbered [district trustee] election areas [shall] must be elected for terms of 2 years.


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

ê1985 Statutes of Nevada, Page 1802 (Chapter 574, SB 503)ê

 

election areas within a district, district trustees to represent the odd-numbered [district trustee] election areas [shall] must be elected for terms of 4 years and district trustees to represent the even-numbered [district trustee] election areas [shall] must be elected for terms of 2 years. Thereafter, at each biennial election, the offices of trustees [shall] must be filled for terms of 4 years in the order in which the terms of office expire.

      7.  Candidates for election as a trustee representing any [district trustee] election area [shall] must be elected only by those qualified electors of the district residing in [the district trustee election] that area. No qualified elector [is entitled to] may vote in more than one [district trustee] election area at any one time.

      8.  A candidate for the office of trustee of a district in which [district trustee] election areas have been created [shall] must be a qualified elector of the district and [shall] must be a resident of the [district trustee] election area which he seeks to represent.

      9.  [District trustee election] Election areas may be altered or abolished in the same manner as provided in this section [provided] for the creation of [district trustee] election areas and the election of trustees therefor.

      Sec. 7.  NRS 318.0953 is hereby amended to read as follows:

      318.0953  1.  In every county [having a population of] whose population is 250,000 or more, [notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive,] the board of county commissioners is, and in counties [with a population of] whose population is less than 250,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing [sanitary sewer] facilities for sewerage as provided in NRS 318.140, [regardless of] without regard to whether the district is also authorized to furnish [storm drainage facilities,] facilities for storm drainage, but excluding any district which is authorized, in addition to those basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsection 2 and [3.] 4.

      2.  The board of county commissioners of any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing [water] facilities for water as provided in NRS 318.144, or, furnishing both [water] facilities for water and [sanitary sewer] facilities for sewerage as provided in NRS 318.144 and 318.140, respectively, [regardless of] without regard to whether the district is also authorized to furnish [storm drainage facilities,] facilities for storm drainage, but excluding any district which:

      (a) Is authorized, in addition to its basic powers, to exercise any one or more other basic powers designated in this chapter.

      (b) Is organized or reorganized pursuant to this chapter , the boundaries of which include all or a portion of any incorporated city or all or a portion of a [water] district for water created by special law.


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

ê1985 Statutes of Nevada, Page 1803 (Chapter 574, SB 503)ê

 

      3.  In every county whose population is less than 100,000, the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing emergency medical services as provided in section 1 of this act, which district may overlap the territory of any district authorized to exercise any one or more other basic powers designated in this chapter.

      4.  A board of county commissioners may exercise the options provided in subsections 1 [and 2] , 2 and 3 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case [promptly] within the 30-day period the county clerk shall promptly cause a copy of the ordinance to be:

      (a) Filed in his office;

      (b) Transmitted to the secretary of the district; and

      (c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      Sec. 8.  NRS 318.116 is hereby amended to read as follows:

      318.116  Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by [law:] statute:

      1.  Furnishing electric light and power, as provided in NRS 318.117;

      2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

      3.  Furnishing [public cemetery] facilities or services [,] for public cemeteries, as provided in NRS 318.119;

      4.  Furnishing [swimming pool facilities,] facilities for swimming pools, as provided in NRS 318.1191;

      5.  Furnishing [television facilities,] facilities for television, as provided in NRS 318.1192;

      6.  Furnishing [street and alley facilities,] streets and alleys, as provided in NRS 318.120;

      7.  Furnishing curb, gutter and [sidewalk facilities,] sidewalks, as provided in NRS 318.125;

      8.  Furnishing [sidewalk facilities,] sidewalks, as provided in NRS 318.130;

      9.  Furnishing [storm drainage facilities,] facilities for storm drainage, as provided in NRS 318.135;


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

ê1985 Statutes of Nevada, Page 1804 (Chapter 574, SB 503)ê

 

      10.  Furnishing sanitary [sewer facilities,] facilities for sewerage, as provided in NRS 318.140;

      11.  Furnishing [street lighting facilities,] facilities for lighting streets, as provided in NRS 318.141;

      12.  Furnishing facilities for the collection and disposal of garbage and refuse , [collection and disposal facilities,] as provided in NRS 318.142;

      13.  Furnishing [recreation] recreational facilities, as provided in NRS 318.143;

      14.  Furnishing [water facilities,] facilities for water, as provided in NRS 318.144;

      15.  Furnishing [fencing facilities,] fencing, as provided in NRS 318.1195;

      16.  Furnishing [fire protection facilities,] facilities for protection from fire, as provided in NRS 318.1181; [and]

      17.  Furnishing [space] energy for heating, as provided in NRS 318.1175 [.] ; and

      18.  Furnishing emergency medical services, as provided in section 1 of this act.

      Sec. 9.  NRS 377.057 is hereby amended to read as follows:

      377.057  1.  The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:

      (a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:

 

 

                                                                                                                            Percent-

Political Subdivision                                                                                                  age

Churchill County..............................................................................................        3.23

City of North Las Vegas..................................................................................      46.52

City of Carlin.....................................................................................................        2.72

Esmeralda County............................................................................................          .20

Eureka County..................................................................................................          .71

City of Winnemucca........................................................................................        5.56

City of Caliente.................................................................................................          .46

City of Yerington..............................................................................................        4.77

Mineral County................................................................................................        9.96

City of Gabbs....................................................................................................        4.31

Pershing County..............................................................................................        2.52

City of Lovelock...............................................................................................        5.77

White Pine County..........................................................................................        5.37

City of Ely..........................................................................................................        7.90

 

For the fiscal year beginning July 1, 1981, the monthly amount is $71,110.


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

ê1985 Statutes of Nevada, Page 1805 (Chapter 574, SB 503)ê

 

$71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.

      (b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.

      2.  The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services and any redevelopment agency, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.

      3.  As used in this section, the “basic ad valorem revenue”:

      (a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:

             (1)  A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

             (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

      (b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district [.] and any district created under chapter 318 of NRS to furnish emergency medical services.

      4.  For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.

      Sec. 10.  Section 9 of this act becomes effective at 12:01 a.m. on July 1, 1985.

 

________


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

ê1985 Statutes of Nevada, Page 1806ê

 

CHAPTER 575, AB 419

Assembly Bill No. 419–Committee on Government Affairs

CHAPTER 575

AN ACT relating to elections; requiring additional information on the list of registered voters; requiring counties, if possible, to record this list on tape for computers; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.440 is hereby amended to read as follows:

      293.440  1.  Any person [desiring] who desires a copy of any list of the registered voters in any precinct, district or county [list of registered voters and their addresses, and providing] and who provides an assurance that [such] the list will be used only for purposes relating to elections, may obtain [such] a copy by applying at the office of the county clerk and paying therefor a sum of money equal to one cent per [each] name on [such] the list, but one copy of each original and supplemental [precinct, district or county list shall] list for each precinct, district or county must be provided to the county central committee of any political party, [as defined in NRS 293.073,] upon request, without charge.

      2.  The copy of the list provided pursuant to this section must indicate each voter’s address, date of birth, telephone number and the serial number of his affidavit of registration.

      3.  A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed [precinct or district lists.] lists for a precinct or district.

      4.  A county which has a system of computers capable of recording information on magnetic tape shall, upon request of the county central committee of any political party, record for that central committee on magnetic tape supplied by it the list of registered voters and the information required in subsection 2.

 

________


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

ê1985 Statutes of Nevada, Page 1807ê

 

CHAPTER 576, SB 267

Senate Bill No. 267–Committee on Commerce and Labor

CHAPTER 576

AN ACT relating to persons who assist in the sale of property; requiring escrow agencies and escrow agents to be licensed; increasing the grounds for the refusal, suspension or revocation of a license for an escrow agent or agency; requiring title agents to comply with certain provisions of the law relating to escrow; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 8, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  The attorney general shall act as the attorney for the division in all actions and proceedings brought against or by the division pursuant to any of the provisions of this chapter.

      Sec. 3.  A person shall not have a pecuniary interest in or act as an escrow agent for any escrow agency while he is an employee of the real estate division.

      Sec. 4.  A license issued pursuant to the provisions of this chapter does not give authority to perform any act specified in this chapter to any person other than the person to whom the license is issued, or from any place of business other than that specified therein.

      Sec. 5.  1.  The division shall issue to each licensee a license which:

      (a) Shows the name and address of the licensee, and in the case of an escrow agent, the name of the escrow agency with whom he will be associated.

      (b) Has imprinted thereon the seal of the division.

      (c) Contains any additional matter prescribed by the division.

      2.  No escrow agent may be associated with or employed by more than one escrow agency at the same time.

      Sec. 6.  1.  The license of each escrow agent must be delivered or mailed to the escrow agency with whom the licensee is associated and kept in the custody and control of the escrow agency.

      2.  The license of each escrow agency and of each escrow agent associated with that agency must be displayed conspicuously in the agency’s place of business. If an escrow agency maintains more than one place of business within the state, an additional license must be issued to each branch office so maintained, and the additional license must be displayed conspicuously in each branch office.

      Sec. 7.  1.  Every escrow agency shall maintain a definite place of business within the state, which must be a room or rooms used for the transaction of escrows, or such business and any allied businesses, and which must serve as the office for the transaction of business pursuant to the authority granted in the license.


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

ê1985 Statutes of Nevada, Page 1808 (Chapter 576, SB 267)ê

 

      2.  The place of business must be specified in the application for the license and so designated on the license.

      3.  A license does not authorize the licensee to transact business from any office other than that designated in the license.

      Sec. 8.  1.  Whenever an escrow agent terminates, for any reason, his employment with the escrow agency with whom he was associated, the escrow agency shall:

      (a) Immediately deliver or send by certified mail to the division the escrow agent’s license, together with a written statement of the circumstances surrounding the termination.

      (b) At the time of delivering or mailing the license to the division, address a communication to the last known residence address of the escrow agent, advising him that his license has been delivered or mailed to the division. A copy of the communication must accompany the license when delivered or mailed to the division.

      2.  An escrow agent shall not perform either directly or indirectly any act for which a license is required pursuant to this chapter:

      (a) On or after the date the division receives his license from the escrow agency until his license is transferred or reissued or until a new license is issued.

      (b) Without being associated with or employed by a licensed escrow agency.

      Sec. 9.  No person engaged in the business or acting in the capacity of an escrow agent or agency within this state may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act pursuant to NRS 645A.010 without alleging and proving that he was a licensed escrow agent or agency at the time the alleged cause of action arose.

      Sec. 10.  1.  Any unlawful act or violation of any of the provisions of this chapter by any licensee is not cause for the fine, suspension or revocation of a license of any person associated with the licensee, unless it appears to the satisfaction of the administrator that the associate knew or should have known thereof. A course of dealing shown to have been followed persistently and consistently by any licensee constitutes prima facie evidence of such knowledge of the associate.

      2.  If it appears that an escrow agency knew or should have known of any unlawful act or violation committed by an escrow agent employed by the agency, in the course of his employment, the administrator may impose a fine or suspend or revoke the agency’s license.

      Sec. 11.  1.  The surety may cancel a bond upon giving 60 days’ notice to the administrator by certified mail. Upon receipt by the administrator of such a notice, the administrator immediately shall notify the licensee who is the principal on the bond of the effective date of cancellation of the bond, and that his license will be revoked unless he furnishes an equivalent bond before the effective date of the cancellation. The notice must be sent to the licensee by certified mail to his last address of record filed in the office of the division.


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

ê1985 Statutes of Nevada, Page 1809 (Chapter 576, SB 267)ê

 

      2.  If the licensee does not comply with the requirements set out in the notice from the administrator, his license must be revoked on the date the bond is canceled.

      Sec. 12.  1.  Any person claiming against a bond may bring an action in a court of competent jurisdiction on the bond for damages to the extent covered by the bond. A person who brings an action on a bond must notify the administrator in writing upon filing the action. No such action may be commenced after the expiration of 3 years following the commission of the act on which the action is based.

      2.  Upon receiving a request from a person for whose benefit a bond is required, the administrator shall notify him:

      (a) That a bond is in effect and the amount of the bond; and

      (b) If there is an action against the bond, the title, court and case number of the action and the amount sought by the plaintiff.

      3.  If a surety wishes to make payment without awaiting action by a court, the amount of the bond must be reduced to the extent of any payment made by the surety in good faith under the bond. Any payment must be based on written claims received by the surety before any action is taken by a court.

      4.  The surety may bring an action for interpleader against all claimants upon the bond. If it does so, it must publish notice of the action at least once each week for 2 weeks in every issue of a newspaper of general circulation in the county where the escrow agent or agency has its principal place of business. The surety is entitled to deduct its costs of the action, including attorney’s fees and publication, from its liability under the bond.

      5.  Claims against a bond have equal priority, and if the bond is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the escrow agent or agency for the unpaid balance.

      Sec. 13.  NRS 645A.010 is hereby amended to read as follows:

      645A.010  As used in this chapter, unless the context otherwise requires:

      1.  “Administrator” means the real estate administrator.

      2.  “Division” means the real estate division of the department of commerce.

      3.  “Escrow” means any transaction wherein one person, for the purpose of effecting the sale, transfer, encumbering or leasing of real or personal property to another person, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered by such third person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee, bailor or any agent or employee of any of the latter.

      4.  “Escrow agency” means:


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

ê1985 Statutes of Nevada, Page 1810 (Chapter 576, SB 267)ê

 

      (a) Any person who employs one or more escrow agents; or

      (b) An escrow agent who administers escrows on his own behalf.

      5.  “Escrow” agent” means any person engaged in the business of administering escrows for compensation.

      Sec. 14.  NRS 645A.020 is hereby amended to read as follows:

      645A.020  1.  A [license as an escrow agent may be obtained by filing] person who wishes to be licensed as an escrow agent or agency must file a written application in the office of the administrator.

      2.  The application [shall:] must:

      (a) Be verified.

      (b) State the location of the applicant’s principal office and branch offices in the state [.] and residence address.

      (c) State the name under which the applicant will conduct business.

      (d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees [and] or directors, specifying the capacity and title of each.

      (e) Indicate the general plan and character of the business.

      (f) State the length of time the applicant has been engaged in the escrow business.

      (g) Require a financial statement of the applicant.

      (h) Require such other information as the administrator determines necessary.

      (i) If for an escrow agency, designate a natural person to receive service of process in this state for the agency.

      3.  If the administrator determines, after investigation, that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public, he shall issue a license to the applicant as an escrow agent [.] or agency.

      4.  An escrow agent or agency shall immediately notify the division of any material change in the information contained in the application.

      5.  No person may be licensed as an escrow agent or agency or be a principal officer, director or trustee of an escrow agency if he is a holder of a license issued pursuant to chapter 645 or 645B of NRS.

      Sec. 15.  NRS 645A.030 is hereby amended to read as follows:

      645A.030  1.  At the time of filing an application for [an escrow agent’s license,] a license as an escrow agent or agency, the applicant shall deposit with the administrator a corporate surety bond payable to the State of Nevada, in an amount of $20,000, and executed by a corporate surety satisfactory to the administrator.

      2.  The bond [shall] must be substantially the following form:

 

      Know All Men by These Presents, that .............................., as principal, and .............................., as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any [injured person,] person who suffers damages because of a violation of any of the provisions of chapter 645A of NRS, in the sum of ...................., lawful money of the United States , [of America,] to be paid to the State of Nevada for [the] such use and benefit , [aforesaid,] for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.


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

ê1985 Statutes of Nevada, Page 1811 (Chapter 576, SB 267)ê

 

the United States , [of America,] to be paid to the State of Nevada for [the] such use and benefit , [aforesaid,] for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

      The condition of [the above] that obligation is such that: Whereas, the principal has made an application to the real estate administrator of the department of commerce of the State of Nevada for a license as an escrow agent or agency and is required to furnish a bond in [the sum above named,] the amount of $20,000, conditioned as [herein set forth:] set forth in this bond:

      Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of [NRS 645A.020 to 645A.230, inclusive,] chapter 645A of NRS, and pay all damages suffered by any person [by reason of the] because of a violation of any of the provisions of [NRS 645A.020 to 645A.230, inclusive,] chapter 645A of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of [NRS 645A.020 to 645A.230, inclusive,] chapter 645A of NRS, then this obligation [shall be] is void; otherwise [to remain] it remains in full force . [and effect.]

      This bond [shall become] becomes effective on the .......... day of ...................., 19....., and [shall remain] remains in force until the surety is released from liability by the administrator or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving [30] 60 days’ written notice to the principal and to the real estate administrator of the department of commerce of the State of Nevada.

      In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its [duly] authorized officers at .............................., Nevada, this .......... day of ...................., 19......

                                                                        ..................................................................... (Seal)

                                                                                                  Principal

 

                                                                        ..................................................................... (Seal)

                                                                                                    Surety

 

                                                                                                        By..........................................

                                                                                                                  Attorney in fact

 

                                                                                                        ...............................................

                                                                                                           Licensed resident agent

      Sec. 16.  NRS 645A.040 is hereby amended to read as follows:

      645A.040  1.  [The escrow agent’s license shall expire June 30 next] Every license issued pursuant to the provisions of this chapter expires 1 year after the date of issuance if it is not renewed. A license may be renewed by filing [a renewal] an application for renewal and paying the annual [license] fee for the succeeding [fiscal] year.


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

ê1985 Statutes of Nevada, Page 1812 (Chapter 576, SB 267)ê

 

may be renewed by filing [a renewal] an application for renewal and paying the annual [license] fee for the succeeding [fiscal] year.

      2.  The filing fees [shall be:] are:

      (a) For filing an original [or renewal] application, $100 for the principal office [and $35] , $25 for each branch office [.] and $25 for each application for renewal.

      (b) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.

      [3.  All]

      (c) For filing any change of information contained in the application, $10.

      (d) For each change of association with an escrow agency, $25.

      3.  If a licensee fails to pay the fee for the annual renewal of his license before its expiration, his license may be renewed only upon the payment of a fee one and one-half times the amount otherwise required for renewal. A license may be renewed pursuant to this subsection only if all the fees are paid within 1 year after the date on which the license expired.

      4.  All fees received [under] pursuant to this chapter [shall] must be deposited in the state treasury [to the credit of the] for credit to the state general fund.

      Sec. 17.  NRS 645A.050 is hereby amended to read as follows:

      645A.050  1.  Subject to the administrative control of the director of the department of commerce, the administrator shall exercise general supervision and control over escrow agents and agencies doing business in the State of Nevada.

      2.  In addition to the other duties imposed upon him by law, the administrator shall:

      (a) [Make reasonable rules and] Adopt such regulations as may be necessary for making this chapter effective . [, but those sections do not empower the administrator by any rule or regulation, or by an administrative act, to differentiate between persons entitled to act as escrow agents in the State of Nevada on the basis that such persons are engaged in other businesses to which their escrow business is incidental or supplemental.]

      (b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.

      (c) Conduct such examinations, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the [escrow] laws of this state [.] relating to escrow.

      (d) Classify as confidential [certain] the financial statements of an escrow agency and those records and information obtained by the division [when such matters are] which:

             (1) Are obtained from a governmental agency upon the express condition that they [shall] remain confidential.

            (2) Consist of information compiled by the division in the investigation of possible violations of this chapter.


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

ê1985 Statutes of Nevada, Page 1813 (Chapter 576, SB 267)ê

 

This paragraph does not limit examination by the legislative auditor [.] or any other person pursuant to a court order.

      Sec. 18.  NRS 645A.070 is hereby amended to read as follows:

      645A.070  All escrow agents and agencies shall [keep and] maintain at all times in their principal places of business complete and suitable records of all escrow transactions made by them, together with books, papers and data clearly reflecting the financial condition of the business of [such agents.] those agents and agencies. Every escrow agent and agency shall, at the times required by the administrator, [make and] file in the office of the administrator a [true and] correct statement, in the form and containing the data the administrator may require, of the business of the agent [.] or agency.

      Sec. 19.  NRS 645A.080 is hereby amended to read as follows:

      645A.080  Except as otherwise provided by law, all papers, documents, reports and other written instruments filed with the administrator under this chapter are open to public inspection, except that the administrator may withhold from public inspection for such time as he considers necessary any information which in his judgment the public welfare or the welfare of any escrow agent or agency requires to be so withheld.

      Sec. 20.  NRS 645A.090 is hereby amended to read as follows:

      645A.090  1.  The administrator may refuse to license any escrow agent or agency or may suspend or revoke any license [,] or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon [examination into the affairs of the applicant or licensee, either in the performance of routine duties, upon field examination or upon] a hearing, it is determined that the applicant or licensee:

      (a) [Is] In the case of an escrow agency, is insolvent;

      (b) [Is of bad business repute or has demonstrated his unworthiness to transact the business of agent;

      (c) Does not conduct his business in accordance with law or has violated any provisions of this chapter;

      (d) Is] Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;

      (c) In the case of an escrow agency, is in such a financial condition that he cannot continue in business with safety to his customers;

      [(e) Has been guilty of]

      (d) Has committed fraud in connection with any transaction governed by this chapter;

      [(f)] (e) Has intentionally or knowingly made any [misrepresentions] misrepresentation or false statement to, or concealed any essential or material fact from, any [person] principal or designated agent of a principal in the course of the escrow business;

      [(g)] (f) Has intentionally or knowingly made or caused to be made to the administrator any false representation of a material fact or has suppressed or withheld from the administrator any information which the applicant or licensee possesses [, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under this chapter;

 


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

ê1985 Statutes of Nevada, Page 1814 (Chapter 576, SB 267)ê

 

the applicant or licensee possesses [, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under this chapter;

      (h)] ;

      (g) Has failed without reasonable cause to [account to persons interested for all escrows received;

      (i) Has not delivered, after a reasonable time, to persons entitled thereto, escrows held or agreed to be delivered by the licensee as and when paid for and due to be delivered;

      (j)] furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;

      (h) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;

      (i) Has refused to permit an examination by the administrator of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the administrator under the provisions of this chapter; [or]

      [(k)] (j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud [.] ;

      (k) In the case of an escrow agency, has failed to maintain complete and accurate records of all transactions within the last 7 years;

      (l) Has commingled the money of others with his own or converted the money of others to his own use;

      (m) Has failed, before the close of escrow, to obtain written escrow instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow; or

      (n) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction.

      2.  It is sufficient cause for the imposition of a fine or the refusal , suspension or revocation of [a license in the case] the license of a partnership , [or] corporation or any [unincorporated] other association [if] that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for [refusing or revoking the registration of an individual agent.] such action had the applicant or licensee been a natural person.

      3.  The administrator may suspend any license for not more than 30 days, pending a hearing, if upon examination into the affairs of the licensee it is determined that any of the grounds enumerated in subsection 1 or 2 exist.

      Sec. 21.  NRS 645A.100 is hereby amended to read as follows:

      645A.100  1.  Notice of the entry of any order of suspension or revocation or of imposing a fine or refusing a license to any escrow agent [shall] or agency must be given in writing, served personally or sent by certified mail or by telegraph to the last known address of the agent or agency affected.


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

ê1985 Statutes of Nevada, Page 1815 (Chapter 576, SB 267)ê

 

sent by certified mail or by telegraph to the last known address of the agent or agency affected.

      2.  The agent [,] or agency, upon application, is entitled to a hearing [;] but if no [such] application is made within 20 days after the entry of [an order of suspension or of refusing a license of any agent,] the order the administrator shall enter a final order . [in either case.]

      Sec. 22.  NRS 645A.110 is hereby amended to read as follows:

      645A.110  1.  The administrator may [investigate either upon complaint or otherwise when] conduct an investigation if it appears that an escrow agent or agency is conducting [his] business in an unsafe and injurious manner or in violation of this chapter or [when] if it appears that any person is engaging in the escrow business without being licensed under the provisions of this chapter.

      2.  If upon investigation it appears that [such] the agent or agency is so conducting [his] business or an unlicensed person is engaged in the escrow business, the administrator may:

      (a) Order the person to discontinue conducting business in an injurious manner or in violation of this chapter. A person may, within 30 days after receiving the order, file a verified petition with the administrator for a hearing. If the administrator does not hold a hearing within 30 days after the petition is filed or issue a written decision within 45 days after the hearing is held, the order is rescinded.

      (b) Advise the district attorney of the county in which the business is conducted [, and the] or the attorney general. The district attorney or the attorney general shall cause the appropriate legal action to be taken to enjoin the operation of the business or prosecute the violations of this chapter.

      [(b)] (c) Bring suit in the name and on behalf of the State of Nevada against [such] the person and any other person concerned in or in any way participating in or about to participate in [such] the unsafe or injurious practices or action in violation of this chapter or regulations thereunder to enjoin [any such] that person from continuing [such] those practices or engaging therein or doing any such an act.

      3.  If the administrator brings suit, the district court of any county of this state [is hereby vested with the jurisdiction in equity to restrain unsafe, injurious or illegal practices or transactions and] may grant [injunctions] an injunction to prevent and restrain [such] the unsafe, injurious or illegal practices or transactions. The court may, during the pendency of the proceedings before it, issue such temporary restraining orders as may appear to be just and proper . [; and the] The findings of the administrator shall be deemed to be prima facie evidence and sufficient ground, in the discretion of the court, for the [issue] issuance ex parte of a temporary restraining order. In any such court proceedings the administrator may apply for and on due showing is entitled to have issued the court’s subpena requiring forthwith the appearance of any defendant and his employees and the production of documents, books and records as may appear necessary for the hearing of [such] the petition, to testify and give evidence concerning the acts or conduct or things complained of in [such] the application for injunction.


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

ê1985 Statutes of Nevada, Page 1816 (Chapter 576, SB 267)ê

 

      Sec. 23.  NRS 645A.130 is hereby amended to read as follows:

      645A.130  1.  If the order of the administrator is reversed, the court shall [by its mandate] specifically direct the administrator as to his further action in the matter including the making and entering of any order [in connection therewith and the conditions, limitations or restrictions to be therein contained; but the administrator is not thereby barred from thereafter revoking or altering] and any conditions, limitations or restrictions to be contained therein. The administrator may revoke or alter the order for any proper cause which [may thereafter accrue or be discovered.] is discovered after the order is issued.

      2.  If an order of the administrator is affirmed, the appellant is not barred after [30 days] 1 year from filing a new application if the application is not otherwise barred or limited.

      3.  The appeal [shall] does not suspend the operation of the order appealed from during the pendency of the appeal except upon proper order of the court.

      Sec. 24.  NRS 645A.140 is hereby amended to read as follows:

      645A.140  1.  When the administrator ascertains [by examination or otherwise] that the assets or capital of any [agent] escrow agency are impaired or that an [escrow agent’s] agency’s affairs are in an unsafe condition, he may immediately take possession of all the property, business and assets of the [agent] agency which are located in this state and retain possession of them pending further proceedings provided for in this chapter.

      2.  If the board of directors or any officer or person in charge of the offices of such [agent] an agency refuses to permit the administrator to take possession of [its] the property, the administrator shall communicate [such] that fact to the attorney general. Thereupon the attorney general shall immediately institute such proceedings as may be necessary to place the administrator in immediate possession of the property of the [agent.] agency. The administrator thereupon shall make or [have] cause to be made an inventory of the assets and known liabilities of the [agent.] agency.

      3.  The administrator shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the [agent] agency is located and shall mail one copy to each stockholder, partner, officer or associate of the [escrow agent] agency at his last known address.

      4.  The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.

      Sec. 25.  NRS 645A.150 is hereby amended to read as follows:

      645A.150  1.  The officers, directors, partners, associates or stockholders of the escrow [agent] agency may, within 60 days [from] after the date [when] the administrator takes possession of the property, business and assets, make good any deficit which may exist or remedy the unsafe condition of its affairs.


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

ê1985 Statutes of Nevada, Page 1817 (Chapter 576, SB 267)ê

 

      2.  At the expiration of such time, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the administrator may apply to the court to be appointed receiver and proceed to liquidate the assets of the [agent] agency which are located in this state in the same manner as [now] provided by law for liquidation of a private corporation in receivership.

      3.  No other person may be appointed receiver by any court without first giving the administrator ample notice of his application.

      4.  The inventory made by the administrator and all claims filed by creditors are open at all reasonable times for inspection and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.

      5.  The expenses of the receiver and the compensation of counsel, as well as all expenditures required in the liquidation proceedings, [shall] must be fixed by the administrator subject to the approval of the court, and, upon certification of the administrator, [shall] must be paid out of the funds in his hands as [such] receiver.

      Sec. 26.  NRS 645A.160 is hereby amended to read as follows:

      645A.160  All money deposited in escrow to be delivered upon the close of the escrow or upon any other contingency [shall be deposited in a bank and] must be kept separate [, distinct and apart from funds] from money belonging to the escrow agent [. Such funds, when deposited, are to] or agency and must be deposited in a federally insured financial institution unless another financial institution has been designated in writing in the instructions for the escrow. The money when deposited must be designated as “trust funds [,]” or “escrow accounts” or under some other appropriate name indicating that the [funds are not the funds] money is not the money of the escrow agent [.] or agency.

      Sec. 27.  NRS 645A.170 is hereby amended to read as follows:

      645A.170  1.  [Escrow or trust funds are] Money deposited in escrow is not subject to execution or attachment on any claim against the escrow agent [.

      2.  It is unlawful for any] or agency.

      2.  An escrow agent or agency shall not knowingly [to] keep or cause to be kept any [funds or] money in any bank [under the heading of “trust funds” or “escrow accounts” or any other] or other financial institution under any name designating [such funds or] the money as belonging to the clients of any escrow agent [, except actual escrow funds deposited with such agency.] or agency, unless the money was actually entrusted to the agent or agency by the client for deposit in escrow.

      Sec. 28.  NRS 645A.180 is hereby amended to read as follows:

      645A.180  Any money or property in the possession of an escrow agent or agency which has been unclaimed for 4 years [shall] must be paid into the state general fund . [in the state treasury.]


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

ê1985 Statutes of Nevada, Page 1818 (Chapter 576, SB 267)ê

 

      Sec. 29.  NRS 645A.190 is hereby amended to read as follows:

      645A.190  The provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies [, insurance companies, underwritten title companies or escrow companies domiciled within the premises of a title insurance company or an underwritten title company, or any person licensed by the administrator while performing acts in the course of or incidental to his real estate business.] or licensed pursuant to chapter 692A of NRS.

      2.  An attorney at law rendering services in the performance of his duties as attorney at law, except an attorney actively engaged in conducting an escrow agency.

      3.  Any firm or corporation which lends money on real or personal property and is subject to licensing, supervision or auditing by [a federal or state agency.] an agency of the United States or of this state.

      4.  Any person doing any act under order of any court.

      Sec. 30.  NRS 645A.210 is hereby amended to read as follows:

      645A.210  It is unlawful for any person, unless exempted under NRS 645A.190, to engage in or carry on, or hold himself out as engaging in or carrying on, the escrow business or act in the capacity of an escrow agent or agency without first obtaining a license as an escrow agent [.] or agency.

      Sec. 31.  NRS 645A.230 is hereby amended to read as follows:

      645A.230  Any person [, or any director, officer, agent or employee of any such person,] who violates [any of the provisions of this chapter is guilty of a misdemeanor.] :

      1.  NRS 645A.160, 645A.210 or 645A.220 is guilty of a gross misdemeanor.

      2.  Any other provision of this chapter is guilty of a misdemeanor.

      Sec. 32.  NRS 680B.010 is hereby amended to read as follows:

      680B.010  The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:

      1.  Insurer’s certificate of authority:

      (a) Filing initial application and making related examination............................     $500

      (b) Issuance of certificate, and each annual continuation:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive...........................................................................................................................       250

             (2) For two or more kinds of insurance as so defined.................................       500

      (c) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

      (d) Registration of additional title pursuant to NRS 680A.240.........................         50

                   Annual renewal............................................................................................         25


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

ê1985 Statutes of Nevada, Page 1819 (Chapter 576, SB 267)ê

 

      2.  Charter documents (other than those filed with application for certificate of authority). Filing amendments to articles of incorporation, charter, bylaws, power of attorney (as to reciprocal insurers), and other constituent documents of the insurer, each document  .................................................................................................................. $10

      3.  Annual statement of insurer. For filing annual statement..........................       $25

      4.  Service of process:

      (a) Filing of power of attorney..............................................................................         $5

      (b) Acceptance of service of process..................................................................           5

      5.  Agents’ licenses, appointments and renewals:

      (a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:

             (1) Application and license, if issued............................................................       $45

             (2) Appointment by each insurer...................................................................           5

             (3) Triennial renewal of each license..............................................................         45

             (4) Temporary license.......................................................................................         10

      (b) Other nonresident agents:

             (1) Application and license, if issued............................................................       105

             (2) Appointment by each insurer...................................................................         25

             (3) Triennial renewal of each license..............................................................       105

      6.  Brokers’ licenses and renewals:

      (a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:

             (1) Application and license, if issued............................................................       $45

             (2) Triennial renewal of each license..............................................................         45

      (b) Other nonresident brokers:

             (1) Application and license, if issued............................................................       225

             (2) Triennial renewal of each license..............................................................       225

      (c) Surplus lines brokers:

             (1) Application and license, if issued............................................................         45

             (2) Triennial renewal of each license..............................................................         45

      7.  Solicitors’ licenses, appointments and renewals:

      (a) Application and license, if issued...................................................................       $45

      (b) Triennial renewal of each license....................................................................         45

      (c) Initial appointment............................................................................................           5

      8.  Managing general agents’ licenses, appointments and renewals:

      (a) Application and license, if issued...................................................................       $45

      (b) Initial appointment, each insurer....................................................................           5

      (c) Triennial renewal of each license....................................................................         45

      9.  Adjusters’ licenses and renewals:

      (a) Independent and public adjusters:

             (1) Application and license, if issued............................................................       $45

             (2) Triennial renewal of each license..............................................................         45

      (b) Associate adjusters:

             (1) Application and license, if issued............................................................         45


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

ê1985 Statutes of Nevada, Page 1820 (Chapter 576, SB 267)ê

 

             (2) Initial appointment......................................................................................         $5

             (3) Triennial renewal of each license..............................................................         45

      10.  Licenses and renewals for appraisers of physical damage to motor vehicles:

      (a) Application and license, if issued...................................................................       $45

      (b) Triennial renewal of each license....................................................................         45

      11.  Additional title and property insurers pursuant to NRS 680A.240:

      (a) Original registration..........................................................................................       $25

      (b) Annual renewal.................................................................................................         25

      12.  Insurance vending machines:

      (a) Application and license, if issued, for each machine...................................       $45

      (b) Triennial renewal of each license....................................................................         45

      13.  Permit for solicitation for securities:

      (a) Application for permit.......................................................................................     $100

      (b) Extension of permit...........................................................................................         50

      14.  Securities salesmen for domestic insurers:

      (a) Application and license, if issued...................................................................       $25

      (b) Annual renewal of license...............................................................................         15

      15.  Rating organizations:

      (a) Application and license, if issued...................................................................     $100

      (b) Annual renewal.................................................................................................       100

      16.  Certificates and renewals for administrators of life and health insurance:

      (a) Application and certificate of registration, if issued....................................       $45

      (b) Triennial renewal...............................................................................................         45

      17.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

      18.  Certified copies of certificates of authority and licenses issued pursuant to the insurance code................................................................................................................       $10

      19.  For copies and amendments of documents on file in the division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

      20.  Letter of clearance for an agent or broker...................................................         $5

      21.  Certificate of status as a licensed agent or broker.....................................         $5

      22.  Licenses, appointments and renewals for bail agents:

      (a) Application and license, if issued...................................................................       $45

      (b) Initial appointment by each surety insurer...................................................           5

      (c) Triennial renewal of each license....................................................................         45

      23.  Licenses and renewals for property bondsmen:

      (a) Application and license, if issued...................................................................       $45

      (b) Triennial renewal of each license....................................................................         45

      24.  Licenses, appointments and renewals for general bail agents:

      (a) Application and license, if issued...................................................................       $45

      (b) Initial appointment by each insurer................................................................           5


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

ê1985 Statutes of Nevada, Page 1821 (Chapter 576, SB 267)ê

 

      (c) Triennial renewal of each license....................................................................       $45

      25.  Licenses and renewals for bail solicitors:

      (a) Application and license, if issued...................................................................       $45

      (b) Triennial renewal of each license....................................................................         45

      26.  Licenses and renewals for title [insurance agents:] agents and escrow officers:

      (a) Application and license, if issued...................................................................       $45

      (b) Triennial renewal of each license....................................................................         45

      27.  Certificate of authority for a funeral service, for issuance and each annual renewal             $25

      28.  Licenses and renewals for agents for prepaid funeral contracts:

      (a) Application and license, if issued...................................................................       $45

      (b) Triennial renewal of each license....................................................................         45

      29.  Licenses, appointments and renewals for agents for fraternal benefit societies:

      (a) Application and license, if issued...................................................................       $45

      (b) Appointment......................................................................................................           5

      (c) Triennial renewal of each license....................................................................         45

      30.  Surplus lines:

      (a) Filing of affidavit pursuant to NRS 685A.050...............................................       $25

      (b) Filing of memorandum pursuant to NRS 685A.060......................................         25

      (c) Filing of amendment to the memorandum when additional premium is reported       10

      31.  Required filing of forms:

      (a) For rates and policies........................................................................................       $25

      (b) For riders and endorsements...........................................................................         10

      Sec. 32.5.  NRS 683A.270 is hereby amended to read as follows:

      683A.270  1.  Each license issued under this code continues in force until it expires or is suspended, revoked or otherwise terminated, subject to payment of the applicable fee for renewal and a fee of $15 for the recovery fund to the commissioner at his office in Carson City, Nevada, on or before the last day of the month in which the license is renewable. The fees must be accompanied by a written request for renewal of the license. The request must be made and signed:

      (a) By the licensee in the case of a broker’s, nonresident broker’s, surplus lines broker’s, agent’s or managing general agent’s license.

      (b) By the employing agent or broker in the case of a solicitor’s license.

      (c) By the employing title insurer or agent in the case of an escrow officer.

      2.  Any license referred to in subsection 1 which is not continued on or before the last day specified for its renewal shall be deemed to have expired at midnight on that day. The commissioner may accept a request for renewal received by him within 30 days thereafter if it is accompanied by a renewal fee of 150 percent of the fee otherwise required and the [recovery fund] fee of $15 [.] for the recovery fund.


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

ê1985 Statutes of Nevada, Page 1822 (Chapter 576, SB 267)ê

 

      3.  If the commissioner has reason to believe that any licensed agent, broker or solicitor has for any cause raised a reasonable question as to the competence of the licensee or of any natural person designated to exercise the license powers of a firm or corporate licensee, the commissioner may require, as a condition to continuation of the license, that the licensee or natural person take and pass to the commissioner’s satisfaction a written examination as required under this chapter of natural persons who intend to apply for a similar license.

      4.  The commissioner may by regulation require the successful completion of a reasonable number of appropriate courses of study as a condition to continuation of any license to which this section applies.

      5.  The license of a managing general agent for a particular insurer or underwriter’s department must be terminated by the commissioner upon written request by that insurer or department.

      6.  This section does not apply to temporary licenses issued under NRS 683A.300.

      Sec. 33.  Chapter 692A of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 40, inclusive, of this act.

      Sec. 34.  “Escrow” means any transaction wherein one person, for the purpose of effecting the sale, transfer, encumbering or leasing of real or personal property to another person, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered by the third person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee, bailor or any agent or employee of any of them.

      Sec. 34.5.  “Escrow officer” means a person employed by a title insurer or title agent to handle escrows, settlements and closings.

      Sec. 35.  1.  A person who wishes to obtain a license as a escrow officer must:

      (a) File a written application in the office of the commissioner;

      (b) Demonstrate competency in matters relating to escrows by:

             (1) Having at least 1 year of recent experience with respect to escrows of a sufficient nature to allow him to fulfill the responsibilities of an escrow officer; or

             (2) Passing a written examination concerning escrows as prescribed by the commissioner;

      (c) Submit the name and business address of the title agent who will supervise the escrow officer; and

      (d) Pay the fees as required by NRS 680B.010.

      2.  The commissioner shall issue a license as an escrow officer to any person who satisfies the requirements of subsection 1.

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

      Sec. 36.  1.  The commissioner may refuse to license any title agent or escrow officer or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:

 


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

ê1985 Statutes of Nevada, Page 1823 (Chapter 576, SB 267)ê

 

of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:

      (a) In the case of a title agent, is insolvent;

      (b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;

      (c) In the case of a title agent, is in such a financial condition that he cannot continue in business with safety to his customers;

      (d) Has committed fraud in connection with any transaction governed by this chapter;

      (e) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact known to him from, any principal or designated agent of the principal in the course of the escrow business;

      (f) Has intentionally or knowingly made or caused to be made to the commissioner any false representation of a material fact or has suppressed or withheld from him any information which the applicant or licensee possesses;

      (g) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;

      (h) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;

      (i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or made any report that may be required by the commissioner under the provisions of this chapter;

      (j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud;

      (k) In the case of a title agent, has failed to maintain complete and accurate records of all transactions within the last 7 years;

      (l) Has commingled the money of others with his own or converted the money of others to his own use;

      (m) Has failed, before the close of escrow, to obtain written instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow; or

      (n) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction.

      2.  It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission directly arising from the business activities of a title agent which would be cause for such action had the applicant or licensee been a natural person.


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

ê1985 Statutes of Nevada, Page 1824 (Chapter 576, SB 267)ê

 

which would be cause for such action had the applicant or licensee been a natural person.

      3.  The commissioner may suspend or revoke the license of a title agent, or impose a fine, if the commissioner finds that the title agent:

      (a) Failed to maintain adequate supervision of his escrow officer and the escrow officer, commits any act which would be cause for the revocation of the escrow officer’s license; or

      (b) Instructed an escrow officer to commit an act which would be cause for the revocation of the escrow officer’s license and the escrow officer committed the act. An escrow officer is not subject to disciplinary action for committing such an act under instruction by the title agent.

      Sec. 36.5.  In addition to the grounds provided in NRS 680A.200 for insurers generally, the commissioner may refuse to license any title insurer or may suspend any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:

      1.  Has committed fraud in connection with any transaction governed by this chapter;

      2.  Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;

      3.  Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;

      4.  Has commingled the money of others with his own or converted the money of others to his own use;

      5.  Has failed, before the close of escrow, to obtain written instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow; or

      6.  Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any escrow transaction.

      Sec. 36.7.  1.  A title agent or title insurer shall notify the division in writing within 10 days after any change in the name or the location of the business of the agent or insurer or any change of association by the holder of a license as an escrow officer. Upon the surrender of the existing license and payment of the required fee, the division shall issue a new license to the agent or insurer for the unexpired term of the license.

      2.  An escrow officer who transfers his association must apply to the division for the reissuance of his license. The division shall reissue the license for the unexpired term upon application and payment of the required fee if:


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

ê1985 Statutes of Nevada, Page 1825 (Chapter 576, SB 267)ê

 

      (a) The transfer is into an association with a licensed title agent or title insurer; and

      (b) The agent or insurer certifies that the escrow agent is employed or will be employed by the agent or insurer.

      3.  Failure to give notice as required by this section constitutes cause for the imposition of a fine not to exceed $500 against the licensee or the suspension or revocation of his license.

      Sec. 37.  The provisions of NRS 683A.400, 683A.410, 683A.450, 683A.460, 683A.470, 683A.480 and 683A.490 apply to title agents and escrow officers.

      Sec. 38.  1.  Money deposited in escrow is not subject to execution or attachment on any claim against the title insurer, title agent or escrow officer.

      2.  A title insurer, title agent or escrow officer shall not knowingly keep or cause to be kept any money in any bank or other financial institution under any name designating the money as belonging to his clients or those of another such person unless the money was actually entrusted to him for deposit in escrow.

      3.  All money deposited in escrow to be delivered upon the close of the escrow or upon any other contingency must be kept separate from money belonging to the title insurer, title agent or escrow officer and must be deposited in a federally insured financial institution unless another financial institution has been designated in writing in the instructions for the escrow. The money when deposited must be designated as “trust funds” or “escrow accounts” or under some other appropriate name indicating that the money is not the money of the title insurer, title agent or escrow officer.

      4.  The commissioner shall adopt regulations defining the term “commingling” for the purposes of this chapter and prescribing acceptable business practices for title agents and escrow officers for handling money deposited in escrow.

      Sec. 38.5.  1.  The commissioner shall classify as confidential the financial statements of a title agent, escrow officer and title insurer and those records and information obtained by the division which:

      (a) Are obtained from a governmental agency upon the express condition that they remain confidential.

      (b) Consist of information compiled by the division in the investigation of possible violations of this chapter. This paragraph does not limit examination by the legislative auditor or any other person pursuant to a court order.

      2.  The contents of the file for an escrow are confidential and, subject to the rights to discover the contents by subpena or other lawful process, must not be disclosed without the express written consent of one party of the escrow other than the holder of the escrow.

      Sec. 39.  Each title insurer and title agent shall keep at all times in his principal place of business or branch office complete and suitable records of all escrow transactions made by him, together with books, papers and data clearly reflecting the financial condition of his business.


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

ê1985 Statutes of Nevada, Page 1826 (Chapter 576, SB 267)ê

 

papers and data clearly reflecting the financial condition of his business. Each title insurer and title agent shall, at the times required by the commissioner, make and file with the division a correct statement of his business in the form and containing the data the commissioner may require.

      Sec. 40.  It is unlawful for any person to engage in or carry on, or hold himself out as engaging in or carrying on, the business of administering escrows without first obtaining a license as a title insurer, title agent or escrow officer issued pursuant to this Title or as an escrow agent or escrow agency issued pursuant to chapter 645A of NRS.

      Sec. 41.  NRS 692A.011 is hereby amended to read as follows:

      692A.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 692A.021 to 692A.080, inclusive, and sections 34 and 34.5 of this act have the meanings ascribed to them in those sections.

      Sec. 42.  NRS 692A.100 is hereby amended to read as follows:

      692A.100  1.  The commissioner shall provide by regulation for the licensing of title agents, their branch offices , [and] direct writing title insurers and escrow officers.

      2.  Each title agent shall maintain [its] his books of account and record and [its] his vouchers pertaining to title insurance business in a manner which permits the commissioner or his representative to [readily] ascertain readily whether the agent has complied with the provisions of this chapter.

      3.  A title agent or escrow officer may engage in the business of handling escrows, settlements and closings [in connection with the title insurance business if:

      (a) The agent] if he maintains a separate record of all receipts and disbursements of money held in escrow [funds] and does not commingle [those funds] that money with his own . [or any others; and

      (b) The agent complies with standards of accounting, solvency or other conduct which the commissioner requires.]

      4.  The commissioner or his representative or the administrator of the real estate division of the department of commerce or his representative when requested by the commissioner may, at any time during normal business hours, examine the agreements, books of account and records and vouchers, including the escrow accounts , of a title agent [.] , title insurer or escrow officer.

      5.  No person may become licensed in order to circumvent the provisions of this chapter or any other law of this state.

      Sec. 43.  NRS 692A.110 is hereby amended to read as follows:

      692A.110  1.  Each title insurer may:

      (a) Engage in title insurance business if licensed to do so by the commissioner.

      (b) Take action incidental to the making of a contract or policy of title insurance, directly or through [an agent, including without limitation] a title agent or escrow officer employed by the title insurer, including the conducting or holding of money in escrow, making settlements and closing transactions.


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

ê1985 Statutes of Nevada, Page 1827 (Chapter 576, SB 267)ê

 

the conducting or holding of money in escrow, making settlements and closing transactions.

      (c) Provide any other service related or incidental to the sale and transfer of property if it has filed notice with the commissioner of its intention to provide the service, and the commissioner has not disapproved the service within 30 days after his receipt of the notice.

      (d) Invest in title plants.

      2.  No title insurer may engage in the business of guaranteeing the obligations of other persons.

      3.  Each title insurer shall certify [its] the title agents and escrow officers it employs to the commissioner at the beginning of each of its fiscal years.

      Sec. 44.  NRS 683A.010 is hereby repealed.

      Sec. 45.  Each title agent and escrow officer who is licensed for the first time on or after January 1, 1986, must pay a fee of $15 for the recovery fund at the time he is licensed. A person who is employed in this state as an escrow officer on or before July 1, 1985, may apply for a license pursuant to section 35 of this act before January 1, 1986, but is not required to satisfy the requirements of paragraph (b) of subsection 1 of that section.

      Sec. 46.  1.  Section 28 of this act becomes effective at 12:01 a.m. on July 1, 1987.

      2.  Except as provided in section 45 of this act, section 35 of this act becomes effective on January 1, 1986. Until that date none of the references to an “escrow officer” added to Title 57 of NRS by this act confers any right or imposes any duty with respect to a person so employed by a title insurer or title agent.

 

________

 

 

CHAPTER 577, AB 602

Assembly Bill No. 602–Committee on Judiciary

CHAPTER 577

AN ACT relating to community antenna television; prohibiting unauthorized interception; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 711 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any person who knowingly:

      (a) Makes or maintains a connection or attaches any device to any line or other component of a community antenna television company;

      (b) Purchases or possesses any device; or

      (c) Makes or maintains any modification to any device installed for a community antenna television company, to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.


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

ê1985 Statutes of Nevada, Page 1828 (Chapter 577, AB 602)ê

 

to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.

      2.  Any person who knowingly and without the authorization of a community antenna television company:

      (a) Imports into this state;

      (b) Distributes; or

      (c) Sells, offers or advertises to sell, or possesses with the intent to sell,

any device designed to decode a signal encoded by the community antenna television company is guilty of a misdemeanor.

      Sec. 3.  1.  Any person who violates paragraph (a) or (c) of subsection 1 or any provision of subsection 2 of section 2 of this act is liable to the community antenna television company injured by such conduct for three times any actual damages incurred by the company and reasonable attorney’s fees, but not more than the amount provided in NRS 73.010 as the jurisdictional limit for small claims in justices’ courts. In any action brought under this section, proof that any of the acts prohibited in subsection 1 were committed on or about the premises occupied by the defendant is prima facie evidence that such acts were committed by the defendant.

      2.  An owner or operator of a community antenna television company may bring an action to enjoin any violation of section 2 of this act.

      Sec. 4.  NRS 205.470 is hereby amended to read as follows:

      205.470  1.  Any person who without authority:

      (a) Leads or attempts to lead from its uses or make use of the electrical signal or any portion thereof from any posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable [,] or a microwave radio system ; [, or a community antenna television system;]

      (b) Attaches any device to a television receiver of any kind for the purpose of intercepting or decoding the transmission of any pay program of a multipoint distribution system in a manner not authorized by the system; or

      (c) Knowingly or willfully and for profit manufactures, distributes or sells any device, kit or plan designed to intercept or decode the transmission of a multipoint distribution system in a manner not authorized by the system,

is guilty of a misdemeanor.

      2.  The provisions of this section do not apply to the interception by a person of any direct transmission of a television signal from a communication satellite if the person does not charge a fee for admission to view the television show.

      Sec. 5.  NRS 207.520 is hereby amended to read as follows:

      207.520  A criminal action or proceeding under NRS 205.322 or 207.400 or section 2 of this act may be commenced at any time within 5 years after the conduct in violation of the section occurs. A civil action or proceeding under NRS 205.470 or section 3 of this act may be commenced at any time within 5 years after the violation occurs or after the injured person sustains the injury, whichever is later.


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

ê1985 Statutes of Nevada, Page 1829 (Chapter 577, AB 602)ê

 

or proceeding under NRS 205.470 or section 3 of this act may be commenced at any time within 5 years after the violation occurs or after the injured person sustains the injury, whichever is later. If a criminal prosecution or civil action or other proceeding is brought to punish, prevent or restrain any violation of the provisions of NRS 205.322 to 207.400, the running of the period of limitations prescribed by this section with respect to any cause of action arising under NRS 207.470, which is based in whole or in part upon any matter complained of in the prosecution or proceeding, is suspended during the pendency of the prosecution or proceeding and for 2 years following termination of the prosecution or proceeding.

 

________

 

 

CHAPTER 578, AB 727

Assembly Bill No. 727–Committee on Transportation

CHAPTER 578

AN ACT relating to franchises for the sale of motor vehicles; prohibiting the termination of a franchise by the manufacturer or distributor upon the death of a dealer if the dealer has designated a successor in interest, or upon divorce; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  “Franchise” means an agreement, whether express or implied or oral or written, between a manufacturer or a distributor and a prospective dealer by which:

      1.  The dealer is granted the right to engage in the business of selling, distributing or servicing motor vehicles under a marketing plan or system prescribed in substantial part by the manufacturer or distributor; and

      2.  The operation of the dealer’s business pursuant to such a plan or system is substantially associated with the manufacturer’s or distributor’s trade-mark, service mark, trade name, advertising or other commercial symbol which identifies the manufacturer or distributor or its affiliate.

      Sec. 3.  1.  On or after January 1, 1986, no manufacturer or distributor may include in any franchise agreement whose duration exceeds 1 year any provision which calls for the termination of the franchise by the manufacturer or distributor upon the death of the dealer if the dealer, in a form prescribed by and delivered to the manufacturer or distributor, designates as successor in interest his spouse or an adult child, who meets the current requirements for a franchise.

      2.  A dealer may designate a primary and one alternate successor in interest. An alternate successor in interest has no rights under sections 2 to 7, inclusive, of this act, in the event of any exercise of rights by the primary successor in interest.


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

ê1985 Statutes of Nevada, Page 1830 (Chapter 578, AB 727)ê

 

2 to 7, inclusive, of this act, in the event of any exercise of rights by the primary successor in interest.

      Sec. 4.  1.  Within 21 days after the death of a dealer, a designated successor in interest must notify the manufacturer or distributor in writing of his decision to assume and operate the franchise, and commerce operation under the franchise within 10 days after it has been assumed. The notification must contain all information reasonably requested by the manufacturer or distributor regarding the successor’s business experience and financial condition. If an alternate successor in interest desires to assume the franchise upon the decision of the primary successor in interest not to do so, he must comply with all requirements of this subsection, giving notice within 21 days after the primary successor’s decision.

      2.  A manufacturer or distributor may require a dealer who designates a successor in interest to deposit with the manufacturer or distributor at the time of the designation a sum reasonably determined to compensate the manufacturer or distributor under the terms of the franchise agreement if a designated successor in interest fails to assume the franchise within 21 days after the death of the dealer. If the franchise is assumed within 21 days or the franchise is temporarily operated by the manufacturer or distributor within that period, any unearned portion of the deposit must be refunded to the estate or legal representative of the deceased dealer.

      3.  In addition, the manufacturer or distributor may require a dealer who designates a successor in interest to arrange for the discharge of certain terms of the franchise agreement for a period of not more than 21 days after his death, but the manufacturer or distributor may not require the business under the franchise to remain open to the public during that period.

      Sec. 5.  1.  After the death of a dealer and before the operation of the business under the franchise by a designated successor in interest, the manufacturer or distributor may operate the business by contract or otherwise for his own account without obligation or duty to the heirs or estate of the deceased dealer or to the successor in interest except for the obligation to account to the heirs or estate of the deceased dealer for unused portions of prepaid rent or other sums prepaid by the dealer and for any physical inventory used or sold by the manufacturer or distributor.

      2.  If the successor in interest assumes the franchise and there has been no intervening operation by the manufacturer or distributor, the successor in interest shall account to the heirs or estate of the deceased dealer for the value or other disposition of personal property of the deceased dealer located at the business or related to the business or franchise.

      Sec. 6.  Unless the manufacturer or distributor otherwise agrees in writing, a successor in interest may not operate under the franchise agreement until all provisions of the agreement have been expressly assumed by him, including, but not limited to:


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

ê1985 Statutes of Nevada, Page 1831 (Chapter 578, AB 727)ê

 

      1.  Leases;

      2.  Agreements relating to products;

      3.  Agreements relating to loaned equipment;

      4.  Agreements to comply with federal and state environmental law;

      5.  Licenses; and

      6.  Permits relating to taxes.

      Sec. 7.  The franchise assumable by a successor in interest is the same as it existed in the name of the deceased dealer at the time of his death.

      Sec. 8.  On or after January 1, 1986, no manufacturer or distributor may include in any franchise agreement whose duration exceeds 1 year any provision which calls for the termination of the franchise by the manufacturer or distributor upon the divorce of the dealer. The franchise may be awarded by the court to either party in a divorce action as part of the property settlement, and the party to whom it is awarded may continue to operate the business under the terms of the franchise agreement.

      Sec. 9.  A person who assumes operation of a franchise pursuant to sections 2 to 9, inclusive, of this act, must be licensed as a dealer pursuant to the provisions of NRS 482.318 to 482.363, inclusive.

      Sec. 10.  NRS 482.36311 is hereby amended to read as follows:

      482.36311  As used in NRS 482.36311 to 482.36425, inclusive, and sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 482.36319 to 482.36345, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 11.  NRS 482.36352 is hereby amended to read as follows:

      482.36352  1.  Notwithstanding the terms of any franchise, a manufacturer or distributor shall not terminate or refuse to continue any franchise unless it has received the written consent of the dealer or:

      (a) It has given written notice of its intention to the dealer and the director; and

      (b) Either of the following conditions occurs:

             (1) The dealer does not file a protest with the director within the time allowed by this section; or

             (2) After the dealer has filed a protest and the director has conducted a hearing on the matter, the director issues an order authorizing the manufacturer or distributor to terminate the franchise or permit it to lapse.

      2.  The notice required by this section must be given to the dealer and the director:

      (a) At least 15 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal include any of the following:

             (1) [Transfer] Except as otherwise provided in sections 2 to 9, inclusive, of this act, transfer of any ownership or interest in the franchised dealership without the consent of the manufacturer or distributor unless that consent has been withheld without good cause;

 


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

ê1985 Statutes of Nevada, Page 1832 (Chapter 578, AB 727)ê

 

inclusive, of this act, transfer of any ownership or interest in the franchised dealership without the consent of the manufacturer or distributor unless that consent has been withheld without good cause;

             (2) Material misrepresentation by the dealer in applying for the franchise;

             (3) Insolvency of the dealer or the filing of any petition by or against the dealer under any bankruptcy or receivership law;

             (4) Any unfair business practice by the dealer after the manufacturer or distributor has issued a written warning to the dealer to desist from that practice;

             (5) Revocation of a dealer’s license under this chapter;

             (6) Conviction of the dealer for a felony; and

             (7) Closure by the dealer for a period longer than 14 days, unless the closure was caused by a force beyond the control of the dealer.

      (b) At least 60 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal do not include one or more of those set forth in paragraph (a).

The notice required by this section must include a statement of the particular grounds for the intended termination or refusal to continue a franchise.

      3.  A dealer who has received a notice pursuant to this section may file a protest with the director:

      (a) Within 10 days after receiving the notice if it states one or more of the grounds specified in paragraph (a) of subsection 2; or

      (b) Within 30 days after receiving the notice if it does not state one of the grounds specified in that paragraph.

      Sec. 12.  NRS 482.36355 is hereby amended to read as follows:

      482.36355  In determining whether good cause has been established for permitting a manufacturer or distributor to terminate, refuse to continue, modify or replace a franchise, the director shall consider, without limitation:

      1.  The amount of business transacted by the dealer, as compared to the business available to the dealer, but only if there was merchandise available to the dealer in sufficient quantities of models to match competitive makes and models available in the relevant [market] marketing area. All transactions and all registrations must be taken into account within the area covered by the franchise.

      2.  The investment necessarily made and obligations incurred by the dealer to perform its part of the franchise.

      3.  The permanency of the dealer’s investment.

      4.  Whether the proposed action would be injurious or beneficial to the public welfare.

      5.  Whether the dealer has adequate new [vehicle sales and service facilities,] facilities for sales and service, equipment, vehicle parts and qualified [service] personnel to provide reasonably for the needs of the customers for the new vehicles handled by the dealer, and whether he has been and is rendering adequate services to the public.


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

ê1985 Statutes of Nevada, Page 1833 (Chapter 578, AB 727)ê

 

      6.  Whether the dealer fails to fulfill warrant obligations of the manufacturer or distributor to be performed by the dealer.

      7.  The extent of the dealer’s failure, if any, to comply with the terms of the franchise.

      8.  Whether the dealer, his successor in interest or the manufacturer or distributor has complied with the provisions of sections 2 to 9, inclusive, of this act.

      Sec. 13.  NRS 482.36371 is hereby amended to read as follows:

      482.36371  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

      1.  Prevent or require or attempt to prevent or require by contract or otherwise any change in the capital structure of a dealer or the means by which he finances his operation if at all times the dealer meets any reasonable [capital] standards for capital previously agreed to by the dealer and the manufacturer or distributor. A dealer may not change the capital structure if it causes a change in the ownership or control of the franchised dealership, or has the effect of a sale of the franchised dealership, without the consent of the manufacturer or distributor, which consent [shall] must not be unreasonably withheld.

      2.  Prevent or require or attempt to prevent or require a dealer to change his executive management.

      3.  Prevent or require or attempt to prevent or require by contract or otherwise the sale or transfer of any part of the interest of the principal owner or any officer, partner, or stockholder of any dealership to any other person. [A] Except as otherwise provided in sections 2 to 9, inclusive, of this act, a principal owner, officer, partner or stockholder may not cause a change in the control of the dealership or sell, transfer or assign the franchise or any right thereunder without the consent of the manufacturer or distributor, which consent [shall] must not be unreasonably withheld.

      4.  Prevent or attempt to prevent a dealer from receiving fair and reasonable compensation for the value of the franchised dealership as a going concern. [There shall not be a transfer or assignment of the franchise or change in the ownership or control of the franchised dealership without the consent of the manufacturer or distributor, which consent shall not be unreasonably withheld.]

      Sec. 14.  NRS 482.3638 is hereby amended to read as follows:

      482.3638  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

      1.  Require a dealer to agree to a release, assignment, novation, waiver or estoppel which purports to relieve any person from liability imposed by this chapter, or require any controversy between a dealer and a manufacturer, distributor or representative to be referred to any person or agency except as set forth in this chapter if [such] that referral would be binding on the dealer, except that this section does not prevent the parties from mutually agreeing to arbitration pursuant to law.


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

ê1985 Statutes of Nevada, Page 1834 (Chapter 578, AB 727)ê

 

      2.  Increase prices of new motor vehicles which the dealer had ordered for private retail consumers before his receipt of the written official notification of a price increase. A sales contract signed by a retail consumer constitutes evidence of each [such] order. Price changes applicable to new model or series motor vehicles at the time of the introduction of new models or series [shall] must not be deemed a price increase. Price changes caused by:

      (a) The addition to a motor vehicle of equipment formerly optional as standard or required equipment pursuant to state or federal law;

      (b) Revaluation of the United States dollar in the case of foreign-made vehicles; or

      (c) Transportation cost increases,

are not subject to this provision.

      3.  Deny the principal owner the opportunity to designate his spouse, a member of his family or other qualified designee as entitled to participate in the ownership of [the] :

      (a) The franchised dealership [or successor franchised dealership for 2 years or a longer reasonable time] ; or

      (b) A dealership after the death [or incapacity of such] or divorce of the principal owner [.] pursuant to sections 2 to 9, inclusive, of this act.

      4.  Modify unilaterally, replace, enter into, relocate, terminate or refuse to renew a franchise in violation of law.

      Sec. 15.  NRS 482.36411 is hereby amended to read as follows:

      482.36411  1.  Whenever it appears that a person has violated or is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, and sections 2 to 9, inclusive, of this act, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.

      2.  In addition to any other judicial relief, any dealer or person who assumes the operation of a franchise pursuant to sections 2 to 19, inclusive, of this act, who is injured in his business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, and sections 2 to 9, inclusive, of this act, may bring an action in the district court in which the dealership is located, and may recover actual damages sustained by him, and the cost of suit, including a reasonable attorney’s fee. In an action for money damages, the court or jury may award punitive damages if the defendant acted maliciously. The amount of damages sustained by any dealer, pursuant to subsection 4 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.

      3.  Any company, firm, partnership, corporation or association created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the state, who grants a franchise to any dealer in this state may be [lawfully] served with any legal process in any action for injunctive relief or civil damages in the following manner:

 


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

ê1985 Statutes of Nevada, Page 1835 (Chapter 578, AB 727)ê

 

government or the government of the United States, or any person residing outside the state, who grants a franchise to any dealer in this state may be [lawfully] served with any legal process in any action for injunctive relief or civil damages in the following manner:

      (a) By delivering a copy of the process to the director; and

      (b) By mailing to the last known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons, a copy of the complaint, together with copies of any petition or order for injunctive relief.

      4.  The defendant has 30 days, exclusive of the day of service, within which to answer or plead.

      5.  The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.

 

________

 

 

CHAPTER 579, SB 382

Senate Bill No. 382–Committee on Transportation

CHAPTER 579

AN ACT relating to motor vehicles; basing the fees required to be paid for the use of the highways in this state on the vehicle’s declared gross weight; increasing the motor vehicle fuel tax and special fuel tax; containing appropriations; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 481.145 is hereby amended to read as follows:

      481.145  1.  The Nevada highway patrol must be augmented by, in addition to the personnel provided by NRS 481.140, supplementary troopers to the extent permitted by the money available for that purpose in the special fund created by subsection [9] 5 of NRS 482.480, but the total number of troopers must not exceed the number specified for a particular fiscal year by the legislature.

      2.  The director shall appoint these additional troopers as soon after the beginning of each fiscal year as he can determine the amount of money which is available for this purpose.

      Sec. 2.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.

      Sec. 3.  “Declared gross weight” means the maximum gross weight at which a motor vehicle or combination of vehicles will be operated.

      Sec. 4.  The registration fees for a motortruck, truck tractor, bus or combination of vehicles having a declared gross weight of 10,000 pounds or more which is registered on the basis of a calendar year must be reduced by one-twelfth for each calendar month which has elapsed from the beginning of the year and rounded to the nearest dollar.


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

ê1985 Statutes of Nevada, Page 1836 (Chapter 579, SB 382)ê

 

      Sec. 5.  In addition to any other applicable fee listed in NRS 482.480:

      1.  There must be paid to the department a fee of $15 for the registration of every motortruck, truck tractor or bus which has a declared gross weight of less than 6,000 pounds.

      2.  There must be paid to the department for the registration of every motortruck, truck tractor or bus which has a declared gross weight of 6,000 pounds or more, fees according to the following schedule:

 

6,000 to and including 6,499.............................................................................. $17

6,500 to and including 6,999................................................................................. 19

7,000 to and including 7,499................................................................................. 21

7,500 to and including 7,999................................................................................. 23

8,000 to and including 8,499................................................................................. 27

8,500 to and including 8,999................................................................................. 30

9,000 to and including 9,999................................................................................. 33

10,000 to and including 11,999............................................................................ 48

 

For each additional increase of 2,000 pounds or fraction thereof, an additional fee of $8 must be charged. The maximum fee is $320.

      Sec. 6.  In addition to any other applicable fee listed in NRS 482.480, there must be paid to the department:

      1.  For every trailer or semitrailer having an unladen weight of 1,000 pounds or less, a flat registration fee of $6.

      2.  For every trailer having an unladen weight of more than 1,000 pounds, a flat registration fee of $12.

      Sec. 7.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter , unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.135, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 482.385 is hereby amended to read as follows:

      482.385  1.  Except as otherwise provided in subsection 4 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been [duly] registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.

      2.  This section does not:

      (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.

      (b) Require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.


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

ê1985 Statutes of Nevada, Page 1837 (Chapter 579, SB 382)ê

 

persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

      3.  When a person, formerly a nonresident, becomes a resident of this state, he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.

      4.  Any resident operating a motor vehicle upon a highway of this state which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause this vehicle to be registered within 45 days after beginning its operation within this state.

      5.  A person registering a vehicle pursuant to the provisions of [subsections] subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and privilege tax, as required by the provisions of this chapter and chapter 371 of NRS. He must be allowed credit on these taxes and fees for the unused months of his previous registration. The fee provided in subsection [9] 5 of NRS 482.480 must not be prorated. Those fees that are to be prorated will be prorated based upon Nevada registration fees and privilege taxes and reduced by one-twelfth for each month remaining on the registration period in the state of former residence.

      6.  If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as provided in NRS 482.390, 482.395 and NRS 706.801 to 706.861, inclusive.

      7.  An owner registering a vehicle under the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.

      Sec. 9.  NRS 482.480 is hereby amended to read as follows:

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

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of [$12.] $15.

      2.  For every motorcycle, a registration fee of [$12.] $15.

      3.  For [every bus or motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmaster’s certificate, a registration fee of $12.

      4.  For every trailer or semitrailer having an unladen weight of 1,000 pounds or less, a flat registration fee of $6. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $9. For every trailer or semitrailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:

 

3,501 to and including 3,549 pounds...............................................................       $12

3,550 to and including 3,649 pounds...............................................................         14

3,650 to and including 3,749 pounds............................................................... 16 3,750 to and including 3,849 pounds         $18

 


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

ê1985 Statutes of Nevada, Page 1838 (Chapter 579, SB 382)ê

 

3,750 to and including 3,849 pounds...................................................................   $18

3,850 to and including 3,949 pounds...................................................................     20

3,950 to and including 3,999 pounds...................................................................     22

      5.  For every bus or motortruck having an unladened weight of more than 3,500 pounds and less than 5,000 pounds, fees according to the following schedule:

 

3,501 to and including 3,549 pounds...............................................................       $14

3,550 to and including 3,649 pounds...............................................................         16

3,650 to and including 3,749 pounds...............................................................         18

3,750 to and including 3,849 pounds...............................................................         20

3,850 to and including 3,949 pounds...............................................................         22

3,950 to and including 3,999 pounds...............................................................         24

4,000 to and including 4,999 pounds...............................................................         27

      6.  For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every bus or motortruck having an unladened weight of 5,000 pounds or more, 60 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmaster’s certificate. At the time of weighing, each vehicle must have in place each accessory and appliance belonging to and used on the vehicle in the transportation of property. Whenever a camper is attached to a motortruck, the camper shall be considered as a load and the fees imposed by this section upon the motortruck must be based on the unladened weight of the motortruck, exclusive of the camper.

      7.  Except as provided in subsection 8, for] each transfer of registration the fee is [$5.

      8.  The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 is $5 plus the excess, if any, of the fee which would have been payable for an original registration of the vehicle over the fee paid for registration of the vehicle from which the registration is transferred.

      9.] $6 in addition to any other fees.

      4.  For every motor vehicle there is an additional fee of $4 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.

      [10.] 5.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 the fee is $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.

      [11.] 6.  For every travel trailer, the registration fee is [$12.] $15.

A vehicle which is [properly registered] registered without proration under this section is exempt from the provisions of NRS [706.506,] 706.516, 706.521 and 706.526.

      Sec. 10.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:


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

ê1985 Statutes of Nevada, Page 1839 (Chapter 579, SB 382)ê

 

      It is unlawful for any person to operate a motor vehicle or combination of vehicles over any highway if the vehicle or combination exceeds its declared gross weight, as that term is defined in section 3 of this act.

      Sec. 11.  NRS 484.695 is hereby amended to read as follows:

      484.695  1.  Peace officers and [vehicle safety] inspectors of the department, in pursuance of assigned duty, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this chapter or is in such unsafe condition as to endanger the driver or other occupant or any person upon a public highway or does not comply with any standards for tires or brakes [that may be established by the department] adopted pursuant to subsection 4, may require the driver thereof to stop and submit the vehicle or combination of vehicles to an inspection of the mechanical condition or equipment thereof and such tests with reference thereto as may be appropriate.

      2.  If a vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this chapter or does not comply with any standards for tires or brakes [that may be established by the department] adopted pursuant to subsection 4, the peace officer or [vehicle safety] inspector causing the inspection to be made may give the owner of the vehicle a written [traffic] citation or notice of [vehicle equipment] violation and further require the owner of the vehicle to produce in court or the office of the peace officer or [vehicle safety] inspector satisfactory evidence that the vehicle or its equipment has been made to conform with the requirements of this chapter and regulations adopted thereunder.

      3.  The director may establish centers for [vehicle safety] the inspection of motor vehicles for safety at the branch offices of the department for the purpose of inspecting vehicles intended to be registered in the state. [Safety inspections] Inspections at these centers are limited to examination of tires and brakes on motor vehicles which have [an unladened] a declared gross weight of [not more than 6,000] less than 10,000 pounds and which were manufactured more than 2 years before the date of inspection.

      4.  The director shall adopt regulations prescribing the standards for tires and brakes.

      Sec. 12.  NRS 484.757 is hereby amended to read as follows:

      484.757  1.  Every person convicted of a violation of any limitation of weight imposed by NRS 484.745 to 484.755, inclusive, or section 10 of this act, shall be punished by a fine as specified in the following table:

 

            Pounds of

        Excess Weight                                                                                                      Fine

1 to 1,500........................................................................................................ $10

1,501 to 2,500................................................... 1 cent per pound of excess weight

2,501 to 5,000................................................. 2 cents per pound of excess weight

5,001 to 7,500................................................. 4 cents per pound of excess weight

7,501 to 10,000............................................... 6 cents per pound of excess weight

10,001 and over................................................ 8 cents per pound of excess weight


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

ê1985 Statutes of Nevada, Page 1840 (Chapter 579, SB 382)ê

 

      2.  If the resulting fine is not a whole number of dollars, the nearest whole number above the computed amount must be imposed as the fine.

      3.  The fines provided in this section are mandatory, must be collected immediately upon a determination of guilt, and must not be reduced under any circumstances by the court.

      4.  Any bail allowed must not be less than the appropriate fine provided for in this section.

      Sec. 13.  NRS 365.170 is hereby amended to read as follows:

      365.170  1.  Every dealer shall, not later than the 25th day of each calendar month:

      (a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and

      (b) Pay an excise tax of:

             (1) One cent per gallon on all fuel for jet or turbine-powered aircraft;

             (2) [Eight] Nine cents per gallon on petroleum-ethanol mixture; and

             (3) [Nine] Ten cents per gallon on all other motor vehicle fuel,

so sold, distributed or used, in the manner and within the time prescribed in this chapter.

      2.  The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:

      (a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and

      (b) A remittance of the estimated tax is made when due.

      3.  Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.

      Sec. 14.  NRS 366.190 is hereby amended to read as follows:

      366.190  A tax is hereby imposed at the rate of [12] 13 cents per gallon on the sale or use of special fuels.

      Sec. 15.  NRS 366.221 is hereby amended to read as follows:

      366.221  1.  No special fuel user’s license may be required of the following classes of special fuel users:

      (a) Operators of motor vehicles who make occasional trips into this state for service or repair.


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

ê1985 Statutes of Nevada, Page 1841 (Chapter 579, SB 382)ê

 

      (b) Operators of house coaches as defined in NRS 484.067.

      (c) Operators of motor vehicles having [an unladened] a declared gross weight of [not more than 6,000 pounds.] less than 10,000 pounds.

      (d) Operators of unladened motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.

      (e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.

      (f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.

      (g) Private motor carriers of property as defined in NRS 706.111 which are used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      2.  Any special fuel purchased in this state by any person exempt from licensing under subsection 1 must be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicle’s fuel supply tank.

      3.  The department may adopt regulations concerning the application and administration of this section.

      Sec. 16.  NRS 371.050 is hereby amended to read as follows:

      371.050  1.  [Valuation] Except as otherwise provided in subsections 3 and 4, valuation of vehicles [shall] must be determined by the department upon the basis of 35 percent of the manufacturer’s suggested retail price in Nevada excluding options and extras, as of the time the particular make and [year model] model for that year is first offered for sale in Nevada.

      2.  If the department is unable to determine the manufacturer’s suggested retail price in Nevada in respect to any vehicle because the vehicle is specially constructed, or for any other reason, the department shall determine the valuation upon the basis of 35 percent of the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require.

      3.  For each [bus,] :

      (a) Bus, truck, truck tractor [, trailer and semitrailer having an unladen weight of more than 6,000 pounds,] or combination of vehicles having a declared gross weight of 10,000 pounds or more; and

      (b) Trailer or semitrailer having an unladen weight of 4,000 pounds or more,

the department may use 85 percent of the original purchaser’s cost price in lieu of the manufacturer’s suggested retail price.

      4.  If the department is unable to determine the original manufacturer’s suggested retail price in Nevada, or the original retail price to the purchaser , [of any bus, truck or truck tractor having an unladen weight of less than 6,000 pounds,] the department may determine the original value of the vehicle on the basis of [75] 50 cents per pound.


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

ê1985 Statutes of Nevada, Page 1842 (Chapter 579, SB 382)ê

 

[If the vehicle has an unladen weight of 6,000 pounds or more, the original value may be determined on the basis of one dollar per pound. Trailers and semitrailers may have the original value determined at the rate of 50 cents per pound of unladen weight.]

      5.  For motor carriers which register under the Interstate Highway User Fee Apportionment Act, the department may determine the original value of the vehicle on the basis of its [unladen] declared gross weight in a manner which the department finds appropriate and equitable.

      Sec. 17.  NRS 371.060 is hereby amended to read as follows:

      371.060  1.  Except as provided in subsection 2, each vehicle [shall] must be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:

 

                                                                                                                 Percentage of

Age                                                                                                              Initial Value

New.........................................................................................                 100     percent

1 year......................................................................................                   85     percent

2 years....................................................................................                   75     percent

3 years....................................................................................                   65     percent

4 years....................................................................................                   55     percent

5 years....................................................................................                   45     percent

6 years....................................................................................                   35     percent

7 years....................................................................................                   25     percent

8 years....................................................................................                   15     percent

9 years or more......................................................................                     5     percent

 

      2.  Each bus, truck [, truck tractor, trailer and semitrailer having an unladen weight of more than 6,000 pounds shall] or truck tractor having a declared gross weight of 10,000 pounds or more and each trailer or semitrailer having an unladen weight of 4,000 pounds or more must be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:

 

                                                                                                                 Percentage of

Age                                                                                                              Initial Value

New...................................................................................................       100     percent

1 year................................................................................................         75     percent

2 years..............................................................................................         59     percent

3 years..............................................................................................         47     percent

4 years..............................................................................................         37     percent

5 years..............................................................................................         28     percent

6 years..............................................................................................         23     percent

7 years..............................................................................................         20     percent

8 years..............................................................................................         17     percent

9 years..............................................................................................         15     percent

10 years or more..............................................................................         13     percent

 

      3.  Notwithstanding any other provision of this section, the minimum amount of privilege tax:

      (a) On any trailer [weighing] having an unladen weight of 1,000 pounds or less [shall be] is $3; and

      (b) On any other vehicle [shall be] is $6.


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

ê1985 Statutes of Nevada, Page 1843 (Chapter 579, SB 382)ê

 

      Sec. 18.  Chapter 706 is hereby amended by adding thereto a new section to read as follows:

      “Declared gross weight” means the maximum gross weight at which the vehicle or combination of vehicles will be operated.

      Sec. 19.  NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.016 to 706.791, inclusive, the words and terms defined in NRS 706.016 to 706.146, inclusive, and section 18 of this act have the meanings ascribed to them in those sections, unless the context otherwise requires.

      Sec. 20.  NRS 706.301 is hereby amended to read as follows:

      706.301  1.  When the department finds it necessary, or when specifically provided by this chapter, an applicant for or holder of a license, provided for in NRS 706.516 , [to 706.526, inclusive,] 706.521 and 706.526, shall provide a bond executed by the applicant or holder as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all fees, penalties and interest due to the State of Nevada. The total amount of the bond [shall] must be fixed by the department, determined in such manner as the department finds appropriate, but the total amount of the bond [shall] must not exceed $5,000. The amount so fixed [shall] must be rounded off to the next larger integral multiple of $100.

      2.  No recovery on any bond, the execution of any new bond [,] or the suspension or revocation of any [such] license shall affect the validity of any bond.

      3.  In lieu of a bond or bonds an applicant for or holder of any [such] license may deposit with the state treasurer, under such terms as the department may prescribe:

      (a) A like amount of lawful money of the United States, or bonds or other lawful negotiable instruments of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate issued by a bank or savings and loan association in Nevada, which certificate [shall] must indicate an amount at least equal to the amount of the bond which would otherwise be required by this section and [shall] must state that [such] the amount is unavailable for withdrawal except by direct and sole order of the department. Interest earned on the deposit [shall] must accrue to the account of the applicant for or holder of [such] the license and not the department.

      Sec. 21.  NRS 706.516 is hereby amended to read as follows:

      706.516  1.  [In lieu of the license fees set forth in NRS 706.506, the department may, when it is satisfied that adequate records are or will be maintained by the applicant or that the applicant has a history of compliance with the provisions of this chapter, authorize any] A common, contract or private carrier who operates vehicles [across the boundaries of the state, to] in this state shall pay a mileage fee upon all mileage traveled by motor vehicle within the State of Nevada in the statutory licensing period at a rate of [2.25] 3.25 cents per mile traveled in that period.


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

ê1985 Statutes of Nevada, Page 1844 (Chapter 579, SB 382)ê

 

boundaries of the state, to] in this state shall pay a mileage fee upon all mileage traveled by motor vehicle within the State of Nevada in the statutory licensing period at a rate of [2.25] 3.25 cents per mile traveled in that period. [Motor vehicles of 5,000 pounds or less, unladen weight do not have this option.]

      2.  In addition to the fee per mile set forth in subsection 1, each applicant must pay to the department an administrative fee of $8 for each motor vehicle qualified to operate in Nevada under this section. The fee is nonrefundable. The department shall issue an identifying device for each such vehicle.

      Sec. 22.  NRS 706.521 is hereby amended to read as follows:

      706.521  1.  Except as provided in subsection 5, any person has the option, in lieu of causing a motor vehicle to be licensed under NRS 706.011 to 706.791, inclusive, of applying for a temporary license to be issued forthwith upon payment of a [fee equal to 10 percent of the license fee provided in NRS 706.506, rounded off to the nearest dollar. The fee for the temporary license may not be less than $6 per motor vehicle nor more than $60.] fee based upon the declared gross weight of the vehicle or combination of vehicles as follows:

 

More than 10,000 pounds but not more than 15,000................................      $10

More than 15,000 pounds but not more than 20,000................................        20

More than 20,000 pounds but not more than 50,000................................        40

More than 50,000 pounds...............................................................................        90

 

      2.  Except as otherwise provided in subsection 6, a temporary license authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.

      3.  Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of NRS 706.266 is entitled upon application to the department in such form and detail as the department may require, to be issued a proper identifying device. [The fee for each device is $4.]

      4.  Upon request, the department may allow credit for the period for which the licenses were purchased if the applicant is licensed under the provisions of NRS [706.506 to 706.516, inclusive.] 706.516.

      5.  The provisions of this section do not apply to operators of driveaway-towaway convoy vehicles.

      6.  The department may issue, to the owner or operator of a common motor carrier of passengers, a temporary license which authorizes operation for a period of not more than 168 consecutive hours.

      Sec. 23.  NRS 706.526 is hereby amended to read as follows:

      706.526  1.  Except as provided in NRS 482.480, every motor convoy carrier, before commencing operations in this state, shall apply to the department for a motor convoy carrier license.

      2.  The applicant may elect to be licensed on an annual basis or on a 48-hour temporary convoy license basis.

      3.  If the applicant elects to be licensed on an annual basis the license fee is $500, and the fee for each identifying device issued thereunder is $30.


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

ê1985 Statutes of Nevada, Page 1845 (Chapter 579, SB 382)ê

 

license fee is $500, and the fee for each identifying device issued thereunder is $30. The license and each identifying device expires on December 31 of each year and may not be transferred to or used by any other person.

      4.  If the applicant elects to be licensed exclusively on a 48-hour temporary convoy license basis, the department shall issue appropriate identifying devices. [The fee for each device is $4.] An original identifying device must be carried in each vehicle when operating in this state. It is unlawful to duplicate any device.

      5.  For each vehicle driven or towed by any motor convoy carrier, or driven singly, which does not have an identifying device issued pursuant to subsection 3, a 48-hour temporary convoy license must be secured upon payment of a fee of $10. No license may be transferred to or used by any other person or for any other vehicle.

      6.  [No license fee required under NRS 706.506 may be assessed on any vehicle driven or towed under the provisions of this section.

      7.] The provisions of this section do not apply to vehicles:

      (a) Transported by motor vehicles regularly licensed under the provisions of NRS [706.506,] 706.516 or 706.521; or

      (b) [Weighing 5,000 pounds or less unladen weight.] Whose declared gross weight is less than 10,000 pounds.

      Sec. 24.  NRS 706.528 is hereby amended to read as follows:

      706.528  [Notwithstanding any other provisions of NRS 706.011 to 706.791, inclusive, ambulances] Ambulances and hearses are exempt from the license fee requirements of NRS [706.506,] 706.516, 706.521 and 706.526.

      Sec. 25.  NRS 706.531 is hereby amended to read as follows:

      706.531  1.  After the department of transportation has approved an application for a permit under the provisions of subsection 4 of NRS 484.739, and before issuance, the department shall issue special identifying devices for combinations of vehicles to be operated under the permit, which must be carried and displayed on any combination operating under the permit in such manner as the department determines. The devices issued may be transferred from one combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation. The devices may be used only on motor vehicles regularly licensed under the provisions of NRS 482.480 [, 706.506] or 706.516.

      2.  The annual fee for each identifying device or set of devices for a combination of vehicles is $30 for each 1,000 pounds or fraction thereof of gross [vehicle combination] weight in excess of 80,000 pounds. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The fee must be paid in addition to all other fees required under the provisions of this chapter.

      3.  Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2, who is apprehended operating a combination in excess of the gross [vehicle load] weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.


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

ê1985 Statutes of Nevada, Page 1846 (Chapter 579, SB 382)ê

 

to the provisions of subsection 2, who is apprehended operating a combination in excess of the gross [vehicle load] weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.

      4.  Any person apprehended operating a combination of vehicles without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due under the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.

      Sec. 26.  NRS 706.536 is hereby amended to read as follows:

      706.536  1.  In addition to the fees provided in NRS [706.506] 706.516 to 706.526, inclusive, the department shall collect the additional sum of $4 for:

      (a) Each original identifying device issued on an annual basis for motor vehicles under the provisions of NRS [706.506] 706.516 to 706.526, inclusive.

      (b) Each original identifying device issued on an annual basis under the provisions of NRS 706.521 and 706.526.

      2.  All money collected pursuant to this section must be deposited with the state treasurer to the credit of the motor vehicle fund, to be used to defray the costs incurred pursuant to NRS 706.176.

      Sec. 27.  NRS 706.551 is hereby amended to read as follows:

      706.551  1.  Any person [electing to pay] paying license fees under the provisions of NRS 706.516 to 706.526, inclusive, shall, in addition to any other penalties prescribed by this chapter, pay a [$10] $25 penalty for every delinquent tax return or quarterly report.

      2.  A tax return or quarterly report is considered delinquent when it has not been received by the department by the due date of the tax return, or quarterly report, as prescribed by this chapter. A tax return or quarterly report shall be deemed received on the date shown on the post office cancellation mark stamped on an envelope containing the tax return or quarterly report, properly addressed to the department, if that date is earlier than the date of actual receipt.

      Sec. 28.  NRS 706.806 is hereby amended to read as follows:

      706.806  As used in NRS 706.801 to 706.861, inclusive, unless the context otherwise requires:

      1.  “Country” includes any political subdivision thereof.

      2.  “Department” means each agency of this state, or of any political subdivision of this state, administering the fee involved.

      3.  “Fee” means each fee for registration and tax imposed by this state, except motor vehicle fuel taxes, motor carrier regulation and licensing fees, and the additional fee imposed by subsection [9] 5 of NRS 482.480.

      4.  “Mileage” includes mileage in this state and in all other states and countries.


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

ê1985 Statutes of Nevada, Page 1847 (Chapter 579, SB 382)ê

 

      5.  “Motor vehicle” includes every motor vehicle of a type required to be registered under the laws of this state.

      6.  “Operator” includes the owner or operator of any motor vehicle.

      7.  “Plan” means a plan adopted by any state or country for the proration of fees on a basis to effectuate the principles set forth in NRS 706.826.

      8.  “Reciprocity” means that this state and another state or country, as to motor vehicles registered in each other, extend substantial or complete freedom from payment of fees with respect to motor vehicles registered in the other state or country.

      9.  “State” includes the states of the United States, the District of Columbia and the territories of the United States.

      10.  “Vehicle” includes every vehicle of a type required to be registered under the laws of this state.

      Sec. 29.  NRS 706.813 is hereby amended to read as follows:

      706.813  The provisions of NRS 706.801 to 706.861, inclusive, do not apply to:

      1.  Vehicles which are exempt from special fuel tax requirements under NRS 366.221.

      2.  Vehicles having [an unladened weight of 5,000] a declared gross weight of 26,000 pounds or less, except that such vehicles are eligible for apportionment under the provisions of this chapter upon application by the operator.

      Sec. 30.  NRS 706.841 is hereby amended to read as follows:

      706.841  1.  Each operator shall qualify to operate under NRS 706.801 to 706.861, inclusive, by filing an application for that purpose with the department of motor vehicles and public safety before the time any fee becomes delinquent.

      2.  The application must:

      (a) Show the total mileage of motor vehicles operated by the person in this state and all states and countries during the preceding statutory licensing period and describe and identify each vehicle to be operated during the period of registration in such detail as the department may require.

      (b) Be accompanied by a fee, unless the department is satisfied that the fee is secured, to be computed as follows:

             (1) Divide the number of in-state miles by the total number of fleet miles;

             (2) Determine the total amount of money necessary [, whether for fees or taxes,] to register all vehicles in the fleet for which registration is requested;

             (3) Multiply the amount determined under subparagraph (2) by the fraction obtained under subparagraph (1);

             (4) To the product obtained under subparagraph (3), add a service charge of $4 for each motor vehicle listed in the application; and

             (5) To the sum obtained in subparagraph (4), add a minimum charge of $3 for the privilege tax for each motor vehicle listed in the application pursuant to NRS 371.030.


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

ê1985 Statutes of Nevada, Page 1848 (Chapter 579, SB 382)ê

 

charge of $3 for the privilege tax for each motor vehicle listed in the application pursuant to NRS 371.030.

      Sec. 31.  NRS 706.856 is hereby amended to read as follows:

      706.856  1.  The owner or operator of a motor vehicle coming within the provisions of NRS 706.801 to 706.861, inclusive, may, in lieu of registering it pursuant to the provisions of NRS 706.836 to 706.851, inclusive, apply for and obtain a 48-hour temporary registration upon payment of a fee of [$6, which fee] $12, which is in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 706.861, inclusive.

      2.  A 48-hour temporary registration authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.

      3.  Any person exercising this option shall purchase the license at the first available vendor in the State of Nevada. The operator of a motor vehicle obtaining a 48-hour temporary registration from a vendor elects this option by virtue of the purchase. Any 48-hour period [of time] for which a 48-hour temporary registration was not purchased must be billed for 48-hour temporary registration on an audit until the vehicle is licensed under NRS 706.836 to 706.851, inclusive.

      4.  Every person electing to pay fees on such a [48-hour temporary registration] temporary basis shall keep a written record of every trip made into or through this state and each 48-hour temporary registration so purchased . [, which] The record must be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.

      5.  Upon request, the department may allow credit for the period for which temporary registrations were purchased if the applicant applies and prorates his vehicle registration.

      6.  As a condition for exercising the privilege of reciprocity under the provisions of NRS 482.390, the department may:

      (a) Require the operator of motor vehicles eligible for reciprocity to file annually an application listing the motor vehicles to be operated in this state;

      (b) Issue identification devices for motor vehicles so listed;

      (c) Collect an administrative fee of $4 per motor vehicle identified; and

      (d) Collect the fee for a 48-hour temporary registration [fee] from the owner or operator of motor vehicles not so identified.

      Sec. 32.  NRS 706.506 is hereby repealed.

      Sec. 33.  There is hereby appropriated from the state highway fund to the department of motor vehicles the sum of $115,570 for the payment of costs incurred to carry out the provisions of this act.

      Sec. 34.  There is hereby appropriated from the state highway fund to the department of motor vehicles for the payment of costs incurred to carry out the provisions of this act:


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

ê1985 Statutes of Nevada, Page 1849 (Chapter 579, SB 382)ê

 

For the fiscal year 1985-1986........................................................    $121,350

For the fiscal year 1986-1987........................................................      132,655

      Sec. 35.  Any balance of the sums appropriated by section 34 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state highway fund as soon as all payments of money committed have been made.

      Sec. 36.  1.  Section 33 of this act becomes effective upon passage and approval.

      Sec. 37.  1.  This section and sections 14, 21, 34 and 35 of this act become effective on July 1, 1985.

      2.  Section 13 of this act becomes effective at 12:01 a.m. on July 1, 1985.

      3.  Sections 1 to 12, inclusive, 15 to 20, inclusive, and 22 to 32, inclusive, become effective on January 1, 1986.

 

________

 

 

CHAPTER 580, SB 465

Senate Bill No. 465–Committee on Human Resources and Facilities

CHAPTER 580

AN ACT relating to local government; requiring the distribution of the balance in the reserve fund for the supplemental city-county relief tax; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The balance in the reserve fund for the supplemental city-county relief tax as of the date of passage and approval of this act must be distributed on or after July 1 but before July 15, 1985, as provided in this section. The distribution of the proceeds of the tax to be made during the fiscal year 1985-1986 pursuant to the provisions of NRS 377.057 must be compared with the distribution which would have been made during that fiscal year if no local government had been created or consolidated since July 1, 1981, and had its maximum allowable combined revenue established by the Nevada tax commission pursuant to the provisions of NRS 354.5987. Each local government whose anticipated actual distribution is less than its distribution would have been in the latter case is entitled to share in the special distribution provided in this section, proportionately to that reduction. The special distribution so made must be counted in applying the limitation established in NRS 354.59816.

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

 

________


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

ê1985 Statutes of Nevada, Page 1850ê

 

CHAPTER 581, SB 390

Senate Bill No. 390–Committee on Commerce and Labor

CHAPTER 581

AN ACT relating to cosmetology; increasing the fees collected by the state board; adding new fees; changing the names of certain occupations of cosmetology; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  Every electrologist’s apprentice must apply to the board for registration. The application must be accompanied by a fee of $100.

      Sec. 3.  Every school of cosmetology shall pay to the board a fee of $5 for each student within 30 days after the student is enrolled.

      Sec. 4.  Every cosmetological establishment which exacts a fee for the teaching of any branch of cosmetology, except the teaching of junior operators in any branch of cosmetology, is a school of cosmetology and shall comply with the provisions of NRS 644.400 and the regulations adopted by the board.

      Sec. 5.  Each school of cosmetology shall maintain a staff of at least two licensed instructors and one additional instructor for each 25 enrolled students, or major portion thereof, over 50 students. A school of cosmetology must have at least two instructors present and teaching at any time while the school is open.

      Sec. 6.  1.  Each instructor must:

      (a) Be a licensed cosmetologist.

      (b) Have successfully completed the 12th grade in school or its equivalent.

      (c) Have 1 year of experience as a cosmetologist.

      (d) Have completed 1,000 hours of training as a teacher in a school of cosmetology.

      (e) Take one or more courses in advanced techniques for teaching or training, approved by the board, whose combined duration is at least 30 hours during each 2-year period.

      2.  Each instructor shall pay an initial fee for a license of not less than $40 and not more than $60.

      Sec. 7.  1.  An application for renewal of any license issued pursuant to this chapter must be:

      (a) Made on a form prescribed and furnished by the board at any time during the month of June of the year in which the license expires; and

      (b) Accompanied by the fee for renewal.

      2.  The fees for renewal are:

      (a) For manicurists, electrologists, aestheticians, cosmetologists and demonstrators, not less than $30 and not more than $50.


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

ê1985 Statutes of Nevada, Page 1851 (Chapter 581, SB 390)ê

 

      (b) For instructors, not less than $40 and not more than $60.

      (c) For cosmetological establishments, not less than $60 and not more than $100.

      (d) For schools of cosmetology, not less than $450 and not more than $500.

      (e) For facilities for demonstrations, $60.

      3.  For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a cosmetologist, instructor, demonstrator and cosmetological establishment.

      4.  An application for renewal of a license as a cosmetologist, aesthetician, electrologist, manicurist, instructor or demonstrator must be accompanied by two current photographs of the applicant which are 1½ by 1½ inches. The name and address of the applicant must be written on the back of each photograph.

      Sec. 8.  NRS 644.022 is hereby amended to read as follows:

      644.022  [“Cosmetician” or “aesthetician”] “Aesthetician” means any person who engages in the practices of:

      1.  Beautifying, massaging, cleansing or stimulating the skin of the human body, except the scalp, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams or any device, electrical or otherwise, for the care of the skin;

      2.  Applying makeup or eyelashes to any person , tinting eyelashes and eyebrows and lightening hair on the body except the scalp; and

      3.  Removing superfluous hair from the body of any person by the use of depilatories, waxing or tweezers,

but does not include the branches of cosmetology of a [hairdresser,] cosmetologist, electrologist or manicurist.

      Sec. 9.  NRS 644.023 is hereby amended to read as follows:

      644.023  “Cosmetologist” means a person who [has received a license from the board to practice as a manicurist, electrologist or hairdresser and cosmetician.] engages in the practices of:

      1.  Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      2.  Cutting, trimming or shaping the hair.

      3.  Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.

      4.  Removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, waxing or tweezers.

      5.  Manicuring the nails of any person.


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

ê1985 Statutes of Nevada, Page 1852 (Chapter 581, SB 390)ê

 

      6.  Beautifying, massaging, cleansing or stimulating the face, neck, arms, bust or upper part of the human body, except the hair and scalp, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      7.  Giving facials or skin care or applying makeup or eyelashes to any person.

      Sec. 10.  NRS 644.024 is hereby amended to read as follows:

      644.024  “Cosmetology” includes the occupation of a cosmetologist [or beauty culturist and includes the branches of a cosmetician, hairdresser,] , aesthetician, electrologist or manicurist.

      Sec. 11.  NRS 644.028 is hereby amended to read as follows:

      644.028  “Junior operator” means a person engaged in learning the [occupations of a hairdresser and cosmetician in a hairdressing or] occupation of a cosmetologist in a cosmetological establishment.

      Sec. 12.  NRS 644.040 is hereby amended to read as follows:

      644.040  1.  No person is eligible for appointment as a member of the board:

      (a) Who is not licensed as a manicurist, electrologist, aesthetician or cosmetologist under the provisions of this chapter.

      (b) Who is not, at the time of appointment, either actually engaged in conducting a cosmetological establishment, or actually engaged in the practice of a branch of cosmetology.

      (c) Who is not at least 25 years of age.

      (d) Who has not been a resident of this state for at least 3 years immediately before his appointment.

      2.  Not more than one member of the board may be connected, directly or indirectly, with any school of cosmetology, or have been so connected while previously serving as a member of the board.

      Sec. 13.  NRS 644.090 is hereby amended to read as follows:

      644.090  The board shall:

      1.  Hold examinations as to the qualifications of all applicants for registration, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.

      2.  Issue certificates of registration and licenses to such applicants as may be entitled thereto.

      3.  Register facilities for demonstrations, cosmetological establishments and schools of cosmetology.

      4.  Report to the proper prosecuting officers all violations of this chapter coming within its knowledge.

      5.  Inspect facilities for demonstrations, schools of cosmetology and cosmetological establishments to ensure compliance with the statutory requirements and adopted regulations of the board. This authority extends to any member of the board or its authorized employees.

      Sec. 14.  NRS 644.110 is hereby amended to read as follows:

      644.110  The board shall adopt reasonable regulations:

      1.  For carrying out the provisions of this chapter.

      2.  For conducting examinations of applicants for registration.


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

ê1985 Statutes of Nevada, Page 1853 (Chapter 581, SB 390)ê

 

      3.  For governing the recognition of, and the credits to be given to, the study of cosmetology under a licensed manicurist, electrologist, aesthetician or cosmetologist or in a school of cosmetology licensed under the laws of another state or territory of the United State or the District of Columbia.

      4.  For governing the conduct of schools of cosmetology, The regulations must include but need not be limited to, provisions:

      (a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;

      (b) Prohibiting school from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;

      (c) Providing for lunch and coffee recesses for students during school hours; and

      (d) Allowing a member or an authorized employee of the board to review the records of a student’s training and attendance.

      5.  Governing the courses of study and practical training required of persons for treating the skin of the human body, except the scalp.

      6.  For governing the conduct of cosmetological establishments and facilities for demonstrations.

      Sec. 15.  NRS 644.120 is hereby amended to read as follows:

      644.120  1.  The board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in facilities for demonstrations, cosmetological establishments or schools of cosmetology, or in the practice of a [hairdresser and cosmetician.] cosmetologist.

      2.  No regulation governing sanitary conditions thus adopted has any effect until it has been approved by the state board of health.

      3.  A copy of all regulations governing sanitary conditions which are adopted must be furnished to each person [, firm or corporation] to whom a certificate of registration and license is issued for the conduct of a facility for demonstrations, cosmetological establishment, school of cosmetology or practice of cosmetology.

      Sec. 16.  NRS 644.130 is hereby amended to read as follows:

      644.130  The board shall keep a [registration] record containing the name, known places of business, and the date and number of the certificate of registration of every registered manicurist, electrologist, aesthetician and cosmetologist, together with the names and addresses of all facilities for demonstrations, cosmetological establishments and schools of cosmetology registered pursuant to this chapter. The record must also contain the facts which the applicants for registration claimed in their applications to justify their registration.

      Sec. 17.  NRS 644.190 is hereby amended to read as follows:

      644.190  1.  It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology, [hairdressing shop, beauty parlor] facility for demonstrations or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced until licensed under the provisions of this chapter.


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

ê1985 Statutes of Nevada, Page 1854 (Chapter 581, SB 390)ê

 

business in which any one or any combination of the occupations of cosmetology are taught or practiced until licensed under the provisions of this chapter.

      2.  It is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch [or branches] thereof, whether for compensation or otherwise, [until] unless he is licensed under the provisions of this chapter.

      3.  This chapter does not prohibit:

      (a) Any junior operator from engaging in any one or any combination of the occupations of cosmetology under the immediate supervision of a licensed [hairdresser and cosmetician.] cosmetologist.

      (b) Any student in any school of cosmetology, legally established under the provisions of this chapter, from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

      (c) An electrologist’s apprentice from participating in a course of practical training and study.

      Sec. 18.  NRS 644.200 is hereby amended to read as follows:

      644.200  The board shall admit to examination for a certificate of registration as a registered [hairdresser and cosmetician,] cosmetologist, at any meeting of the board held to conduct examinations, any person who has made application to the board in proper form and paid the fee required by this chapter, and who before or on the date of the examination:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character and temperate habits.

      3.  Is a resident of Nevada.

      4.  Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

      5.  Has had any one of the following:

      (a) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the board.

      (b) Practice of the occupation of a [hairdresser and cosmetician for a period of] cosmetologist for 4 years outside this state.

      (c) Service for at least 3,600 hours in not less than 2 years as a junior operator in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.

      Sec. 19.  NRS 644.207 is hereby amended to read as follows:

      644.207  The board shall admit to examination for a certificate of registration as [a cosmetician] an aesthetician any person who has made application to the board in proper form and paid the fee required by this chapter, and who:

      1.  Is at least 18 years of age;

      2.  Is of good moral character and temperate habits;

      3.  Is a resident of Nevada;

      4.  Has successfully completed the 10th grade in school or its equivalent; and


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

ê1985 Statutes of Nevada, Page 1855 (Chapter 581, SB 390)ê

 

      5.  Has received a minimum of 600 hours of training, which included theory, modeling and practice, in a licensed school of cosmetology or 1200 hours as a junior operator, or who has practiced the occupation of [a cosmetician] an aesthetician full time for at least 1 year or its equivalent before July 1, 1981.

      Sec. 20.  NRS 644.210 is hereby amended to read as follows:

      644.210  1.  An application for admission to examination or for registration in any branch of cosmetology must be in writing on forms furnished by the board.

      2.  An application must be accompanied by [the required fee] a fee of $15 and contain proof of the qualifications of the applicant for examination for registration. It must be verified by the oath of the applicant.

      Sec. 21.  NRS 644.220 is hereby amended to read as follows:

      644.220  1.  [The examination fees] In addition to the fee for an application, the fees for examination are:

      (a) For examination as a [hairdresser and cosmetician, $20.] cosmetologist, not less than $40 and not more than $75.

      (b) For examination as an electrologist, [$20.] not less than $40 and not more than $75.

      (c) For examination as a manicurist, [$15.] not less than $40 and not more than $75.

      (d) For examination as [a cosmetician, $15.] an aesthetician, not less than $40 and not more than $75.

The fee for each reexamination is [$7.50.] not less than $40 and not more than $75.

      2.  Each applicant referred to in subsection 1 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination . [or examinations.]

      Sec. 22.  NRS 644.240 is hereby amended to read as follows:

      644.240  1.  Examinations for [certificates] a certificate of registration as [hairdressers and cosmeticians] a cosmetologist must include:

      (a) Practical demonstrations in shampooing the hair, hairdressing, hair styling, finger waving, hair coloring, manicuring, makeup, thermal curling, marcelling, facial massage, scalp massage with the hands, and cutting, trimming or shaping hair.

      (b) Written or oral tests in antisepsis, sterilization, sanitation, and the use of mechanical apparatus and electricity as applicable to the practice of the [occupations of a hairdresser and cosmetician.] occupation of a cosmetologist.

      2.  The examinations may include such other demonstrations and tests as the board may require.

      Sec. 23.  NRS 644.250 is hereby amended to read as follows:

      644.250  1.  Every applicant who [shall pass a satisfactory] passes an examination, conducted by the board to determine his fitness in the practice of the [occupations of a hairdresser and cosmetician, shall] occupation of a cosmetologist, must receive from the board a certificate of registration as a [hairdresser and cosmetician.]


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

ê1985 Statutes of Nevada, Page 1856 (Chapter 581, SB 390)ê

 

occupation of a cosmetologist, must receive from the board a certificate of registration as a [hairdresser and cosmetician.] cosmetologist.

      2.  The certificate of registration [shall entitle] entitles the holder thereof, without additional cost, to a license to engage in the practice of the [occupations of a hairdresser and cosmetician up to and including] occupation of a cosmetologist through June 30 following the date of issue [.] of the license.

      Sec. 24.  NRS 644.260 is hereby amended to read as follows:

      644.260  1.  The board shall issue a certificate of registration as [a cosmetician,] an aesthetician, electrologist or manicurist to each applicant who passes a satisfactory examination, conducted by the board to determine his fitness to practice that occupation of cosmetology.

      2.  The certificate of registration entitles the holder, without additional cost, to a license to engage in practice as [a cosmetician,] an aesthetician, electrologist or manicurist [up to and including] through June 30 following the date of issue [.] of the license.

      Sec. 25.  NRS 644.265 is hereby amended to read as follows:

      644.265  1.  The board shall grant, without examination, a certificate of registration as [a cosmetician] an aesthetician to any person who:

      (a) Has practiced the occupation of [a cosmetician] an aesthetician full time for at least 1 year or its equivalent before July 1, 1981, in a jurisdiction which has requirements similar to those of this state; and

      (b) Applies before January 1, 1982, to the board in proper form and pays the required fee.

      2.  A certificate of registration issued pursuant to this section authorizes the holder to practice of occupation of [a cosmetician] an aesthetician in a licensed cosmetological establishment. A certificate issued pursuant to this section expires on July 1, 1983, and is not renewable.

      3.  The board shall admit to examination for a certificate of registration as [a cosmetician] an aesthetician any person to whom a certificate is issued pursuant to this section and who, before or after the expiration of the certificate, makes a proper application to the board for the examination and pays the required fee.

      Sec. 26.  NRS 644.280 is hereby amended to read as follows:

      644.280  1.  Every certificate of registration and every license issued by the board must be signed by the president and attested by the secretary and must bear the impress of the board’s seal.

      2.  Every certificate is prima facie evidence of the right of the holder thereof to a license as a registered [hairdresser and cosmetician, a cosmetician, an electrologist or a manicurist,] cosmetologist, aesthetician, electrologist or manicurist, as the case may be.

      Sec. 27.  NRS 644.295 is hereby amended to read as follows:

      644.295  1.  A [person licensed pursuant to this chapter] licensee may receive a duplicate of that license if the original was destroyed, misplaced or mutilated.

      2.  To receive a duplicate license a person must:


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

ê1985 Statutes of Nevada, Page 1857 (Chapter 581, SB 390)ê

 

      (a) File an affidavit with the board, on the form prescribed by the board, which states that the original license was destroyed, misplaced or mutilated; and

      (b) Pay a fee of [$5.] $15.

      Sec. 28.  NRS 644.300 is hereby amended to read as follows:

      644.300  Every registered [hairdresser and cosmetician, cosmetician,] cosmetologist, aesthetician, electrologist or manicurist shall, within 30 days after changing his place of business, as designated on the books of the board, notify the secretary of the board of his new place of business. Upon receipt of the notification, the secretary shall make the necessary change in the register.

      Sec. 29.  NRS 644.310 is hereby amended to read as follows:

      644.310  Upon application to the board, accompanied by a fee of [$50,] $100, a person currently registered in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may [,] without examination , [(] unless the board, in its discretion, sees fit to require examination , [),] be granted a certificate of registration and license to practice the occupation [or occupations] in which the applicant was previously registered, upon the following conditions:

      1.  That he is not less than 18 years of age.

      2.  [That he is a resident of the state.

      3.]  That he is of good moral character and temperate habits.

      [4.] 3.  That the requirements in that state or territory or the District of Columbia for registration or licensing of the branch of cosmetology for which he seeks admission in [the particular state, territory or in the District of Columbia] this state were, at the date of the previous registration or licensing, similar to the requirements therefor then in force in this state.

      Sec. 30.  NRS 644.320 is hereby amended to read as follows:

      644.320  [1.] The license of every [hairdresser and cosmetician, cosmetician, electrologist, and] cosmetologist, aesthetician, electrologist, manicurist and instructor expires on [the second July 1 following its issuance or renewal.] July 1 of the next succeeding odd-numbered year.

      2.  [Applications for renewal of licenses may be made to the board at any time during the month of June of the year in which the license expires. For each month or fraction thereof after the time for renewal, there must be assessed and collected, at the time of renewal of the license, a delinquency penalty of $3 for each month or fraction thereof.

      3.  The renewal fee for each license is $25, except that if the license will be valid for fewer than 12 months, the fee is $12.50.

      4.  An application for the renewal of a license must be made on the form prescribed by the board. The application must be accompanied by two current photographs of the applicant which are 1½ by 1½ inches. The name and address of the applicant must be written on the back of each photograph.] The board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1½ years.


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

ê1985 Statutes of Nevada, Page 1858 (Chapter 581, SB 390)ê

 

proration of the fee required for initial licenses issued for less than 1½ years.

      Sec. 31.  NRS 644.330 is hereby amended to read as follows:

      644.330  1.  A registered [hairdresser and cosmetician, cosmetician,] cosmetologist, aesthetician, electrologist or manicurist whose license has expired may have his license renewed only upon payment of the [renewal fee provided for in NRS 644.320.] fee for renewal provided in section 7 of this act.

      2.  Any registered hairdresser and cosmetician, cosmetician, electrologist or manicurist who retires from practice for more than 1 year may have his license restored only upon payment of all lapsed renewal fees.

      3.  No [hairdresser and cosmetician, cosmetician,] cosmetologist, aesthetician, electrologist or manicurist who has retired from practice for more than 3 years may have his license restored without examination, unless the board sees fit to dispense with the examination.

      Sec. 32.  NRS 644.340 is hereby amended to read as follows:

      644.340  1.  Any person desiring to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the board for a certificate of registration and license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain proof of the particular requisites for registration provided for in this chapter, and must be verified by the oath of the maker.

      2.  Upon receipt by the board of the application accompanied by the [biennial registration fee,] required fees for inspection and registration, the board shall inspect the establishment to ensure that it complies with the requirements of this chapter and the regulations adopted by the board. If the establishment meets those requirements, the board shall issue to the applicant the required certificate of registration and license.

      3.  The [biennial registration fee for] fee for registration of a cosmetological establishment is [$36. If a license is issued for 12 months or less, the fee is $20.] $60. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

      Sec. 33.  NRS 644.350 is hereby amended to read as follows:

      644.350  1.  [Applications for renewal of certificates of registration and licenses to operate cosmetological establishments must be made biennially during the month of June to the board in the manner prescribed by NRS 644.340, and must be accompanied by the biennial registration fee.

      2.  For each month or fraction thereof after July 1 of each year in which a certificate of registration and license remains unpaid, there must be assessed and collected, at the time of payment of the license, a delinquency penalty of $5 for each month or fraction thereof.

      3.  A certificate of registration and license which has not been renewed on July 1 in each year expires on July 1.

      4.] The certificate of registration and license of every cosmetological establishment expires on July 1 after its issuance or renewal.

      2.  If a cosmetological establishment fails to pay the required fee by October 1 of the year in which renewal of the license is required, the establishment must be immediately closed.


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

ê1985 Statutes of Nevada, Page 1859 (Chapter 581, SB 390)ê

 

October 1 of the year in which renewal of the license is required, the establishment must be immediately closed.

      Sec. 34.  NRS 644.360 is hereby amended to read as follows:

      644.360  1.  Every holder of a license issued by the board to operate a cosmetological establishment or a facility for demonstrations shall display the license in a conspicuous place in the principal office or place of business of the holder.

      2.  [It is the responsibility of the] The operator of a cosmetological establishment [to] shall employ only licensed manicurists, electrologists, aestheticians and cosmetologists at [such] his establishment.

      Sec. 35.  NRS 644.370 is hereby amended to read as follows:

      644.370  A cosmetological establishment must, at all times, be [in charge of and] under the immediate supervision of a licensed manicurist, electrologist, aesthetician or cosmetologist.

      Sec. 36.  NRS 644.380 is hereby amended to read as follows:

      644.380  1.  Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the board for a certificate of registration and license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain proof of the particular requisites for registration provided for in this chapter, and must be verified by the oath of the maker. The forms must be accompanied by:

      (a) A detailed floor plan of the proposed school ; [.]

      (b) The name, address and [license number] number of the license of the manager or person in charge and of each instructor ; [.]

      (c) Evidence of financial ability to provide the facilities and equipment required by regulations of the board and to maintain the operation of the proposed school for 1 year ; [.]

      (d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students ; [.]

      (e) The annual [registration fee.] fee for registration; and

      (f) The name and address of the person designated to accept service of process.

      2.  Upon receipt by the board of the application, the board shall, before issuing a certificate of registration and license, determine whether the proposed school:

      (a) Is suitably located.

      (b) Contains adequate floor space and equipment.

      (c) Meets all requirements established by regulations of the board.

      3.  The annual [registration fee for] fee for registration of a school of cosmetology is [$300.] not less than $450 and not more than $500.

      Sec. 37.  NRS 644.400 is hereby amended to read as follows:

      644.400  1.  A school of cosmetology must at all times be [in charge of and] under the immediate supervision of a licensed instructor who has had practical experience of at least 1 year in the practice of a majority of the branches of cosmetology in an established place of business.


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

ê1985 Statutes of Nevada, Page 1860 (Chapter 581, SB 390)ê

 

      2.  A school of cosmetology shall:

      (a) Maintain a school term of not less than 1,800 hours extending over a period of not less than 10 months nor more than 24 months, and maintain a course of practical training and technical instruction equal to the requirements for examination for a certificate of registration as a hairdresser and cosmetician.

      (b) Maintain apparatus and equipment sufficient [for the ready and full teaching of] to teach all the subjects of its curriculum.

      (c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the board pursuant to its regulations.

      (d) Include in its curriculum a course of [shop] deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

      (e) Arrange the courses devoted to each branch or practice of cosmetology as the board may from time to time adopt as the course to be followed by the schools.

      (f) Not allow any student to perform services on the public for more than 7 hours in any day nor for more than 5 days out of every 7.

      (g) Conduct at least 5 hours of instruction in theory in each 40-hour week, which must be attended by all registered students.

      (h) Require that all [student work be done on a rotation basis.

      3.  Every cosmetological establishment which exacts a fee for the teaching of any branch of cosmetology, except the teaching of junior operators in any branch of cosmetology, is a school of cosmetology within the meaning of this section, and shall comply with all of its provisions, as well as regulations adopted by the board.

      4.  Each school of cosmetology shall maintain a staff of at least two licensed instructors and one additional instructor for each 25 enrolled students, or major portion thereof, over 50 students. A school of cosmetology must have at least two instructors present and teaching at any time while the school is open.

      5.  Each instructor shall:

      (a) Be a licensed cosmetologist.

      (b) Pay a biennial license fee of $10.

      (c) Have successfully completed the 12th grade in school or its equivalent.

      (d) Have 1 year’s experience as a cosmetologist.

      (e) Have completed 1,000 hours of teacher training in a school of cosmetology.

      (f) Take one or more courses in advanced teacher-training techniques, approved by the board, whose combined duration is at least 30 hours during each 2-year period.] work by students be done on the basis of rotation.


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

ê1985 Statutes of Nevada, Page 1861 (Chapter 581, SB 390)ê

 

      Sec. 38.  NRS 644.408 is hereby amended to read as follows:

      644.408  A student must receive the following amount of instruction in the classroom before commencing work on the public:

      1.  A student enrolled as a [hairdresser and cosmetician] cosmetologist must receive 250 hours or the equivalent of 32 days.

      2.  A student enrolled as a manicurist must receive 40 hours or the equivalent of 5 days.

      3.  A student enrolled as an electrologist’s apprentice must receive 150 hours or the equivalent of 20 days.

      Sec. 39.  NRS 644.420 is hereby amended to read as follows:

      644.420  1.  Before engaging in the business of demonstrator in this state, a person must apply for and receive a license from the board. The fee for the initial license is [$20, and the biennial renewal fee is $15.

      2.  An application for the renewal of a license must be paid on or before July 1 of the year of expiration. If a license is renewed on or before September 1 of that year, a delinquency penalty of $3 for each month or fraction thereof must be assessed and collected at the time of renewal. If a license is not renewed by September 1, the license expires and a new application must be submitted.] $30.

      2.  The license of every demonstrator expires on July 1 of the next succeeding odd-numbered year.

      3.  The board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1½ years.

      Sec. 40.  NRS 644.425 is hereby amended to read as follows:

      644.425  1.  The board may grant a permit authorizing a person to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of [hair-styling, makeup and hair-dyeing] techniques for styling of hair, dyeing hair and makeup for the benefit and instruction of [hairdressers and cosmeticians, cosmeticians,] cosmetologists, aestheticians, electrologists and manicurists licensed under this chapter, and junior operators and students enrolled in licensed schools of cosmetology.

      2.  The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which [period] may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.

      3.  A person may be granted a permit under this section only if he:

      (a) [Makes application] Applies to the board for the permit; [and]

      (b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes [.] ; and

      (c) Pays a fee of not less than $10 and not more than $25.

      4.  The provisions of this section do not apply to demonstrators licensed under this chapter.

      5.  It is unlawful:

      (a) For any person to conduct a demonstration or exhibition without a permit.


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

ê1985 Statutes of Nevada, Page 1862 (Chapter 581, SB 390)ê

 

      (b) For any person who is granted a permit to allow persons other than [hairdressers and cosmeticians, cosmeticians,] cosmetologists, aestheticians, electrologists and manicurists licensed under this chapter, and junior operators and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.

      Sec. 41.  NRS 644.460 is hereby amended to read as follows:

      644.460  1.  The following persons are exempt from the provisions of this chapter:

      (a) All persons authorized by the laws of this state to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

      (b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.

      (c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:

             (1) Cleansing or singeing the hair of any person.

             (2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      2.  Any school of cosmetology conducted as part of the vocational rehabilitation training program of the department of prisons or the Nevada girls training center:

      (a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.

      (b) Notwithstanding the provisions of [subsection 4 of NRS 644.400,] section 5 of this act, shall maintain a staff of at least one licensed instructor.

      Sec. 42.  NRS 644.027, 644.0275 and 644.390 are hereby repealed.

      Sec. 43.  Sections 8 and 14 of this act become effective at 12:01 a.m. on July 1, 1985.

 

________

 

 

CHAPTER 582, AB 339

Assembly Bill No. 339–Committee on Judiciary

CHAPTER 582

AN ACT relating to the regulation of gaming; designating as confidential certain information which is provided to the state gaming control board and the Nevada gaming commission; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.120 is hereby amended to read as follows:

      463.120  1.  The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission.


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

ê1985 Statutes of Nevada, Page 1863 (Chapter 582, AB 339)ê

 

the board and the commission. These records are open to public inspection.

      2.  The board shall maintain a file of all applications for licenses under this chapter, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

      3.  The board and the commission may maintain such other files and records as they may deem desirable.

      4.  All information and data:

      (a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee; [and]

      (b) Pertaining to an applicant’s criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source [,] ;

      (c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; and

      (d) Obtained by the board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices,

are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction, except that the commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of this state pursuant to regulations adopted by the commission.

      5.  Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.

      6.  The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.

      7.  All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.

 

________


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

ê1985 Statutes of Nevada, Page 1864ê

 

CHAPTER 583, AB 251

Assembly Bill No. 251–Committee on Natural Resources, Agriculture and Mining

CHAPTER 583

AN ACT relating to wildlife; establishing a program for the sale of state trout stamps; providing a penalty; providing for the issuance of general obligation bonds for a new fish hatchery; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as section 2, 3 and 4 of this act.

      Sec. 2.  1.  It is unlawful for any person, except a person under the age of 12, to take or possess trout unless at the time he is fishing, he carries on his person a state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp.

      2.  State trout stamps must be sold for a fee of $5 each by the department and by persons authorized by the department to sell hunting, fishing and trapping licenses.

      3.  The department shall determine the form of the stamps.

      Sec. 3.  All money from the sale of state trout stamps must be deposited with the state treasurer for credit to the wildlife account in the state general fund. The department shall maintain separate accounting records for the receipt and expenditure of money from the sale of state trout stamps.

      Sec. 4.  All money from the sale of state trout stamps must be used for the protection, propagation and management of trout in this state and for any bonded indebtedness incurred therefor.

      Sec. 5.  1.  If:

      (a) The department of wildlife submits a plan to the state board of examiners for the construction and development of a fish hatchery at the Mason Valley wildlife management area; and

      (b) The state board of examiners determines that the money from the sale of state trout stamps pursuant to section 2 of this act will produce a revenue sufficient to redeem the bonds needed to be issued to carry out the planned construction and pay any interest thereon without other contribution,

the state board of examiners may issue general obligation bonds of the State of Nevada to provide money necessary for the construction of a fish hatchery at the Mason Valley wildlife management area in an amount not more than $5,000,000. The bonds may be issued at one time or from time to time.

      2.  The money from the sale of the state trout stamps must be used first, insofar as required, to redeem the bonds and pay the interest thereon.

      3.  The legislature finds and declares that the issuance of bonds pursuant to this section is necessary for the protection and preservation of the natural resources of this state and for obtaining the benefit thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.


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

ê1985 Statutes of Nevada, Page 1865 (Chapter 583, AB 251)ê

 

the natural resources of this state and for obtaining the benefit thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      Sec. 6.  Sections 1 to 4, inclusive, of this act become effective on March 1, 1986.

 

________

 

 

CHAPTER 584, AB 372

Assembly Bill No. 372–Assemblymen Getto, Rader, Ham, Francis, Price, Craddock, Spriggs, Thomas, McGaughey, Nevin, Humke, Roberts, Lambert, Thompson, Stone, Fairchild, Bilyeu, O’Donnell, Horne, Swain, Williams, Dini and Banner

CHAPTER 584

AN ACT making an appropriation to the White Pine Historical Railroad Foundation for the support of the railroad; making an appropriation to the department of museums and history for the study of alternatives for the use of a portion of the Union Pacific Railroad line; and providing other matters properly relating thereto.

 

[Approved June 7, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the White Pine Historical Railroad Foundation the sum of $100,000 for the support, restoration, rehabilitation and improvement of the White Pine Railroad.

      Sec. 2.  There is hereby appropriated from the state general fund to the department of museums and history the sum of $50,000 to conduct a study of possible alternatives for the use of the Union Pacific Railroad line located between Henderson, Nevada and Boulder City, Nevada.

      Sec. 3.  The department of museums and history shall:

      1.  Offer its services to and cooperate with the White Pine Historical Railroad Foundation in carrying out the project described in section 1 of this act; and

      2.  Oversee the development of the project and any expenditures made therefor.

      Sec. 4.  Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________


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

ê1985 Statutes of Nevada, Page 1866ê

 

CHAPTER 585, AB 650

Assembly Bill No. 650–Assemblymen Nicholas, Bergevin, Dini, Humke, Ham, Joerg, Thomas, Swain, Tebbs, Sader, Horne, Schofield, Beyer, Thompson, Collins, Price, Stone, Malone, Sedway, Williams, McGaughey, Lambert, Zimmer, Fairchild, Little, Bogaert, Kerns, Francis, Spriggs, Coffin, Craddock, Roberts, Jeffrey, Getto, Rader, Marvel, DuBois and Bilyeu

CHAPTER 585

AN ACT relating to the Tahoe Basin; requiring that a proposal to issue state general obligation bonds for the purchase of land in the Tahoe Basin be submitted to a vote of the people; providing for a commission on land acquisition; providing for the administration by the state land registrar of the purchases if the bonds are approved; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  At the general election to be held in the State of Nevada in 1986, there must be submitted to the voters of the state, in the manner prescribed by chapter 349 of NRS, a proposal to issue general obligation bonds of the State of Nevada in an amount of not more than $31,000,000 to be used to purchase privately owned land in the Tahoe Basin to preserve the resources and natural beauty of the area and to protect the state’s interest in retaining those resources and natural beauty. If the proposal is carried, the bonds may be issued at one time or from time to time.

      2.  No more than one-fourth of the proceeds of bonds issued at any one time may be used to control erosion or mitigate or prevent pollution in the Tahoe Basin.

      Sec. 2.  If the proposal is carried, the commission for land acquisition in the Tahoe Basin, consisting of seven members is created. The members of the commission must be appointed no later than January 1, 1987. The governor shall appoint four members to the commission, the board of county commissioners of Douglas County shall appoint one member, the board of supervisors of Carson City shall appoint one member and the board of county commissioners of Washoe County shall appoint one member. The state land registrar shall serve as secretary to the commission and shall furnish such staff as necessary for the use of the commission.

      Sec. 3.  1.  The commission shall study all aspects of the program to purchase land in the Tahoe Basin and report to the state land registrar, the governor and the legislature concerning the program.

      2.  The commission shall include in its report its recommendations concerning the program to purchase land, including the following:

      (a) Designating the agency or agencies who should purchase the land and manage it after the purchase;

      (b) Involving any private, nonprofit agencies for conservation in the purchase;


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

ê1985 Statutes of Nevada, Page 1867 (Chapter 585, AB 650)ê

 

      (c) Coordinating purchases with federal, state or local agencies or political subdivisions making similar purchases;

      (d) Establishing which areas have priority for the purchases based on environmental, social, economic or other considerations consistent with this act;

      (e) Recommending the purchase of an interest less than fee in the land, including easements and remainders after life estates, and the transfer of rights to develop or rights from special assessments on the property;

      (f) Determining formulas to use to establish the fair value for the property;

      (g) Protecting from civil liability those persons involved in the program to purchase the land;

      (h) Obtaining money from the Federal Government for the program;

      (i) Establishing which areas, projects and sources of pollution have a priority for the expenditure of money under the program and those methods or programs on which the money may be most effectively spent.

      Sec. 4.  The commission shall report to the state land registrar, the governor and the legislative commission no later than July 1, 1988. The terms of the members of the commission expire on January 1, 1989.

      Sec. 5.  1.  After the state land registrar considers the report and recommendations of the commission, if, upon his application, the state board of examiners finds that the program for the purchase of lands or the mitigation or prevention of pollution in the Tahoe Basin should be commenced, the board may:

      (a) Issue a sufficient amount of the bonds authorized pursuant to section 1 of this act;

      (b) Direct the state land registrar to purchase land in the Tahoe Basin pursuant to this act; and

      (c) Transmit the report to the state land registrar to be carried out as the board may recommend.

      2.  The state land registrar shall not expend more than the amount authorized unless he has prior approval from the state board of examiners.

      3.  The provisions of the State Securities Law, in chapter 349 of NRS, apply to the issuance of bonds under this act.

      Sec. 6.  The state land registrar shall administer the purchase of land in the Tahoe Basin, and he may adopt regulations necessary to carry out the program. The state land registrar shall make all offers for the purchase of the land, but the state board of examiners has the final authority to approve or disapprove the purchase.

      Sec. 7.  The price paid for any land purchased pursuant to this act must be based on the value of the property as determined by an a appraisal performed by an independent appraiser, but that price must not be less than what the fair market value of the property would have been as of July 1, 1980.


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

ê1985 Statutes of Nevada, Page 1868 (Chapter 585, AB 650)ê

 

not be less than what the fair market value of the property would have been as of July 1, 1980.

 

________

 

 

CHAPTER 586, AB 405

Assembly Bill No. 405–Assemblyman Malone

CHAPTER 586

AN ACT relating to crimes; prohibiting the granting of probation to or suspension of the sentence of a person convicted of taking money or property from a person who has an infirmity caused by age or other physical condition; and providing other matters properly relating thereto.

 

[Approved June 9, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 205.270 is hereby amended to read as follows:

      205.270  1.  Every person who, under circumstances not amounting to robbery, with intent to steal or appropriate to his own use, takes from the person of another, without his consent, any money, property or thing of value, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if the person from whom the money or property was taken has any infirmity caused by age or other physical condition.

 

________

 

 

CHAPTER 587, AB 724

Assembly Bill No. 724–Committee on Ways and Means

CHAPTER 587

AN ACT relating to public schools; revising the procedure for the calculation of basic support where enrollment declines for 2 consecutive years; and providing other matters properly relating thereto.

 

[Approved June 10, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.


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

ê1985 Statutes of Nevada, Page 1869 (Chapter 587, AB 724)ê

 

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.

             (3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.

             (4) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.570, inclusive, on the last day of the first school month of the school year.

             (5) One-fourth the average daily attendance—highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

      2.  If the sum of the counts prescribed in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for [the] :

      (a) The immediately preceding school year, the larger sum must be used in computing basic support [.] ; or

      (b) Both of the two next preceding school years and the decrease from the immediately preceding school year is more than 5 percent, the sum for the first of the two preceding school years must be used in computing basis support.

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      Sec. 2.  NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.

             (3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.

             (4) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.570, inclusive, on the last day of the first school month of the school year.

             (5) One-fourth the average daily attendance—highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.


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

ê1985 Statutes of Nevada, Page 1870 (Chapter 587, AB 724)ê

 

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

      2.  If the sum of the counts prescribed in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for [:

      (a) The] the immediately preceding school year, the larger sum must be used in computing basic support . [ ; or

      (b) Both of the two next preceding school years and the decrease from the immediately preceding school year is more than 5 percent, the sum for the first of the two preceding school years must be used in computing basic support.]

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      Sec. 3.  Section 2 of this act becomes effective on July 1, 1987.

 

________

 

 

CHAPTER 588, AB 290

Assembly Bill No. 290–Committee on Natural Resources, Agriculture and Mining

CHAPTER 588

AN ACT making an appropriation to the division of water resources of the state department of conservation and natural resources to pay for certain costs of litigation and for consulting independent experts; and providing other matters properly relating thereto.

 

[Approved June 10, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $200,000 to pay certain costs of litigation involving the Truckee River stream system and for consulting independent experts on matters relating to water.

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

 

________


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

ê1985 Statutes of Nevada, Page 1871ê

 

CHAPTER 589, SB 206

Senate Bill No. 206–Committee on Judiciary

CHAPTER 589

AN ACT relating to corporations; providing a uniform method for the dissolution of nonprofit corporations; increasing certain fees and providing new fees for filing certain documents and for services provided by the secretary of state; authorizing use of modified name by foreign corporations; and providing other matters properly relating thereto.

 

[Approved June 10, 1985]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 78.180 is hereby amended to read as follows:

      78.180  1.  [Subject to the provisions of] Except as otherwise provided in subsections 3 and 4, the secretary of state [is authorized:

      (a) To reinstate] may:

      (a) Reinstate any corporation which has forfeited its right to transact business under the provisions of NRS 78.150 to 78.185, inclusive; and

      (b) [To restore] Restore to the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, [upon the filing] if it:

             (1) Files with the secretary of state [of] an affidavit stating the reason for the revocation of its charter [, and upon payment] ; and

             (2) Pays to the secretary of state [of] all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, and [also] all filing fees, licenses and penalties which have accrued since the revocation of its charter.

      2.  When payment is made and the secretary of state reinstates the corporation to its former rights he shall:

      (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

      (b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement, a copy of which must be filed in the office of the county clerk of the county in which the principal place of business of the corporation is located or in any other county in which it owns, holds or leases property or transacts business.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees, penalties and costs have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees, penalties and costs.

      4.  If a corporate charter has been revoked pursuant to the provisions of NRS 78.175 and has remained revoked for a period of [10] 5 consecutive years, the charter must not be reinstated.

      Sec. 2.  NRS 78.490 is hereby amended to read as follows:

      78.490  1.  If the surviving or consolidated corporation [is to] will be governed by the laws of [any] a state other than [the laws of] this state or by the laws of [any] a foreign country, it [shall] must agree that it may be served with process in this state in any proceeding for enforcement of any obligation of any constituent corporation organized and existing, [prior to] before the merger or consolidation, under the laws of this state, including any amount fixed by appraisers or the district court pursuant to the provisions of NRS 78.510, and [shall] must irrevocably appoint the secretary of state as its agent to accept service of process in an action for the enforcement of payment of any such obligation or any amount fixed by the appraisers [as aforesaid, and shall] , and must specify the address to which a copy of [such process shall] the process may be mailed by the secretary of state.


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

ê1985 Statutes of Nevada, Page 1872 (Chapter 589, SB 206)ê

 

state or by the laws of [any] a foreign country, it [shall] must agree that it may be served with process in this state in any proceeding for enforcement of any obligation of any constituent corporation organized and existing, [prior to] before the merger or consolidation, under the laws of this state, including any amount fixed by appraisers or the district court pursuant to the provisions of NRS 78.510, and [shall] must irrevocably appoint the secretary of state as its agent to accept service of process in an action for the enforcement of payment of any such obligation or any amount fixed by the appraisers [as aforesaid, and shall] , and must specify the address to which a copy of [such process shall] the process may be mailed by the secretary of state.

      2.  Service of such process [shall] must be made by personally delivering to and leaving with the secretary of state duplicate copies of such process [.] and the payment of a fee of $10 for accepting and transmitting the process. The secretary of state shall forthwith send by registered or certified mail one of [such] the copies to [such] the surviving or consolidated corporation at its specified address [so specified, unless such] , unless the surviving or consolidated corporation [shall thereafter have] has designated in writing to the secretary of state a different address for [such] that purpose, in which case it [shall] must be mailed to the last address so designated.

      Sec. 3.  NRS 78.730 is hereby amended to read as follows:

      78.730  1.  Any corporation [heretofore or now] which did exist or is existing under the laws of this state may [at any time] , upon complying with the provisions of NRS 78.180, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing a certificate with the secretary of state, which [certificate shall] must set forth:

      (a) The name of the corporation, which [shall] must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter [may have] expired.

      (b) The name of the city, town or place within the county in which its principal office or place of business is located in the state.

      (c) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, [prior to] before the date of the certificate.

      (d) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

      (e) That the corporation desiring to renew or revive [, and so renewing or reviving,] its charter is, or has been, [duly] organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence [under and] pursuant to and subject to the provisions of this chapter.

      2.  Any corporation for which the charter has not expired shall cause the certificate to be signed by its president or vice president and secretary, [duly] verified by such officers before any person authorized by the laws of this state to administer oaths or affirmations, which certificate must be authorized by a majority in interest of the stock, in writing, or by a resolution to that effect.


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

ê1985 Statutes of Nevada, Page 1873 (Chapter 589, SB 206)ê

 

the certificate to be signed by its president or vice president and secretary, [duly] verified by such officers before any person authorized by the laws of this state to administer oaths or affirmations, which certificate must be authorized by a majority in interest of the stock, in writing, or by a resolution to that effect.

      3.  Any corporation seeking [a revivor of] to revive its original or amended charter shall cause the certificate to be signed by [such] a person or persons [as may be] designated or appointed by the stockholders of the corporation and [duly] verified by [such] the person or persons before any person authorized to administer oaths or affirmations. The execution and filing of the certificate must be authorized by the written consent of all the stockholders of the corporation and [shall] must contain a recital that [such] unanimous consent was secured. [Such] The corporation shall [further] pay to the secretary of state the [same fees as are now] fee required to establish a new corporation [under] pursuant to the provisions of this chapter.

      Sec. 4.  NRS 78.785 is hereby amended to read as follows:

      78.785  1.  The fee for filing a certificate of change of location of a corporation’s principal office or resident agent, or a new designation of resident agent following a resignation, death or removal from the state of the resident agent previously designated, is $10.

      2.  The fee for filing a designation of resident agent, other than as provided in NRS 78.160, is $25.

      3.  The fee for certifying articles of incorporation where a copy is provided is $5.

      4.  The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, is $5.

      5.  The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $5.

      6.  The fee for certifying the reservation of a corporate name is $5.

      7.  The fee for executing any certificate not provided for in NRS 78.760 to 78.785, inclusive, is $10.

      8.  The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.

      9.  The fee for copies made at the office of the secretary of state from microfiche is $1 per page.

      10.  The fee for copying and providing the copy of the list of the corporate officers is the fee for copying the necessary pages.

      11.  The fee for filing a certificate of the change of address of a resident agent is $10, plus $1 for each corporation which he represents.

      Sec. 5.  Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a foreign corporation cannot qualify to do business in this state because its name does not meet the requirements of subsection 2 of NRS 80.010, it may apply for a certificate to do business by having its board of directors adopt a resolution setting forth the name under which the corporation elects to do business in this state.


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

ê1985 Statutes of Nevada, Page 1874 (Chapter 589, SB 206)ê

 

of directors adopt a resolution setting forth the name under which the corporation elects to do business in this state. The resolution may:

      (a) Add to the existing corporate name a word, abbreviation or other distinctive element; or

      (b) Adopt a name different from its existing corporate name that is available for use in this state.

      2.  In addition to the documents required by subsection 1 of NRS 80.010, the corporation shall file a certified copy of the resolution adopting the modified name.

      3.  If the secretary of state determines that the modified corporate name complies with the provisions of subsection 2 of NRS 80.010, he shall issue the certificate in the foreign corporation’s modified name if the foreign corporation otherwise qualifies to do business in this state.

      4.  A foreign corporation doing business in this state under a modified corporate name approved by the secretary of state shall use the modified name in its dealings and communications with the secretary of state.

      Sec. 6.  NRS 80.010 is hereby amended to read as follows:

      80.010  1.  Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, which enters this state for the purpose of doing business [therein, shall] must file:

      (a) In the office of the secretary of state of Nevada:

             (1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached thereto.

             (2) A statement executed by an officer of the corporation, acknowledged before an officer authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth:

             (I) The name and address of its resident agent in this state, who [shall] must be a natural person residing in, or another corporation with its principal office located in this state;

             (II) As of a date not earlier than 6 months before the date of filing , [date,] the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares, as set forth in the articles of incorporation as last amended; and

             (III) A general description of the purposes of the corporation.

      (b) In the office of the county clerk of the county where the corporation has its principal office in Nevada, a copy of the certificate of corporate existence certified by the secretary of state.

      2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to, the name of any corporation formed or incorporated in this state or any other foreign corporation authorized to transact business within this state or a name reserved for the use of any proposed corporation, unless the written acknowledged consent of that other corporation or person for whom the name is reserved to the adoption of the name is filed with the documents.


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

ê1985 Statutes of Nevada, Page 1875 (Chapter 589, SB 206)ê

 

subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to, the name of any corporation formed or incorporated in this state or any other foreign corporation authorized to transact business within this state or a name reserved for the use of any proposed corporation, unless the written acknowledged consent of that other corporation or person for whom the name is reserved to the adoption of the name is filed with the documents.

      Sec. 7.  NRS 80.240 is hereby amended to read as follows:

      80.240  1.  Any corporation or insurance association organized under the laws of any other state, district or territory of the United States, or foreign government, which does not maintain an office in this state for the transaction of business, may carry on any one or more of the following activities:

      (a) The acquisition of loans, notes or other evidences of indebtedness secured by mortgages, deeds or deeds of trust on real property situated in this state, by purchase or assignment from, or by participation with a domestic lender, pursuant to the commitment agreement or arrangements made [prior to or following] before or after the origination, creation or execution of such loans, notes or other evidences of indebtedness.

      (b) The ownership, modification, renewal, extension or transfer of such loans, notes or other evidences of indebtedness, the foreclosure of such mortgages or deeds of trust, or the acceptance of additional obligors thereon.

      (c) The maintaining or defending of any action or suit relative to such loans, notes, mortgages or deeds of trust.

      (d) The maintaining of bank accounts in Nevada banks in connection with the collection or securing of such loans.

      (e) The making, collection or servicing of such loans.

      (f) The acquisition of title to property under foreclosure sale or from owners in lieu of foreclosure, and the management, rental, maintenance, sale or otherwise dealing or disposing of such real property.

      (g) The physical inspection and appraisal of all property in Nevada which is to be given as security for such loans and negotiations for the purchase of such loans.

      2.  Any corporation or association carrying on the activities enumerated in subsection 1 [of this section] shall, for the purpose of this section, be deemed to have appointed the secretary of state as its agent upon whom all lawful process in any action or legal proceeding against it relative to any loan, mortgage or deed of trust enumerated in subsection 1 [of this section] or any cause of action arising in this state may be served, and any [such] lawful process against it which may be served upon the secretary of state as provided in this section [shall be] is of the same force and validity as if served upon the corporation or association.

      3.  Process authorized by subsection 2 [of this section shall] must be served by delivering to and leaving with the secretary of state duplicate copies of [such] the process with payment of a fee [in the sum of $2,] of $10, and service thereof upon the secretary of state shall be deemed service upon the corporation or association.


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

ê1985 Statutes of Nevada, Page 1876 (Chapter 589, SB 206)ê

 

of $10, and service thereof upon the secretary of state shall be deemed service upon the corporation or association. The secretary of state shall forthwith forward one copy of [each such] the process by registered or certified mail prepaid to the corporation or association, or in the case of a corporation or association organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the corporation or association, giving the day and the hour of such service. Service of [such process shall not be] process is not complete until the copy thereof has been [so] mailed and received by the corporation or association, and the receipt of the addressee [shall be] is prima facie evidence of the completion of such service. If service of summons is made upon the secretary of state in accordance with the provisions of this section, the time within which the corporation or association is required to appear [shall be deemed to be] is extended 10 days.

      4.  Any corporation or association carrying on the activities enumerated in subsection 1 [of this section] shall, on or before June 30 of each year, file a list of officers and directors and shall pay a fee of $50 for filing the list of officers and directors . [and the fee shall be] The fee is in lieu of any fees or charges otherwise imposed on corporations under the laws of this state. The filing of [such] the annual list [shall] does not constitute the maintenance of an office for the transaction of business within the state for the purposes of subsection 1 . [of this section. Any such] Any corporation or association which refuses or neglects to pay the fee and file [such] a list of officers and directors within the time provided shall pay, in addition to the amount of the fee, a penalty of $12.50 . [; and unless such] Unless the fee and penalty are paid and [such] the lists are filed on or before the 1st Monday in August following the due date, the defaulting corporation [shall forfeit] forfeits the amount of [such] the fee and penalty to the State of Nevada and its right to transact any business within this state. The fee and penalty [shall] must be collected as provided in NRS 80.160.

      5.  No corporation or association carrying on the activities stated in subsection 1 [of this section shall be] is required to qualify or comply with any provision of NRS 80.010 to 80.230, inclusive, or Title 55 of NRS.