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adequate care and supervision, or to a shelter for care, if the court holds a detention hearing and determines the child:

      (a) Has threatened to run away from home or from the shelter;

      (b) Is accused of violent behavior at home; or

      (c) Is accused of violating the terms of his parole, probation or supervision and consent decree.

      10.  During the pendency of a criminal or quasi-criminal charge of murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, a child may petition the juvenile division for temporary placement in a facility for the detention of juveniles.

      Sec. 11.  NRS 111.365 is hereby amended to read as follows:

      111.365  In the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the hereinafter required facts, which sets forth the following:

      1.  The family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;

      2.  A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;

      3.  A description of the [real] property subject to the joint tenancy or right of survivorship; and

      4.  The date and place of death of each deceased joint tenant or the deceased spouse.

      Sec. 12.  NRS 143.185 is hereby amended to read as follows:

      143.185  Executors and administrators may purchase, invest in, and dispose of [farm] :

      1.  Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended [, and bonds,] ; and

      2.  Bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended.

      Sec. 13.  NRS 164.065 is hereby amended to read as follows:

      164.065  Trustees and other fiduciaries may purchase, invest in, and dispose of [farm] :

      1.  Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C.


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Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended [, and bonds,] ; and

      2.  Bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended.

      Sec. 14.  NRS 201.354 is hereby amended to read as follows:

      201.354  1.  It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution . [licensed pursuant to NRS 244.354.]

      2.  Any person who violates subsection 1 is guilty of a misdemeanor.

      Sec. 15.  NRS 218.310 is hereby amended to read as follows:

      218.310  1.  Bills to amend existing general statutes and all bills to enact new statutes of a general, public and permanent nature shall be deemed amendments to NRS and [shall] must contain reference to NRS.

      2.  New matter [shall] must be indicated by underscoring , italics or other distinctive type in the typewritten or other machine-produced copy and italics in the printed copy except in bills to add new chapters or Titles to NRS and which do not amend existing sections of NRS.

      3.  Matter to be omitted [shall] must be indicated by brackets in the typewritten or other machine-produced copy, and brackets or strike out type in the printed copy.

      4.  In the drafting and printing of bills all matter appearing as omitted and bracketed in previously enacted and printed statutes [shall] must be omitted entirely.

      Sec. 16.  NRS 218.625 is hereby amended to read as follows:

      218.625  1.  The director, other officers and employees of the legislative counsel bureau shall not:

      (a) Oppose or urge legislation, except as the duties of the director, the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.

      (b) Except as otherwise provided in this section and NRS 218.2475, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.

      2.  Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.

      3.  [When a bill or resolution drafted at the request of any person who is not a legislator is delivered to a legislator, the legislative counsel shall disclose the identity of the requester to the recipient, and when the bill or resolution has been introduced he shall upon request disclose the identity of the requester to any legislator.


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      4.] When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.

      [5.] 4.  The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission [may prescribe.

      6.] prescribes.

      5.  If a legislator asks whether a request for proposed legislation relating to a specific topic has been submitted to the legislative counsel for preparation, the legislative counsel shall disclose to that legislator whether such a request has been submitted.

      [7.] 6.  Upon receipt of a request for the preparation of a measure to be submitted to the legislature which duplicates or closely resembles a request previously submitted for the same legislative session, the legislative counsel shall, to the extent practicable, notify the person submitting the duplicative request of that fact and, except as otherwise provided in this subsection, ask the person to withdraw the request. If the request is not withdrawn, the legislative counsel shall inform the previous requestor of the fact that a duplicative request has been made. If the request is submitted by a legislator on his own behalf, and the previous request was submitted by a legislator who is a member of the other house of the legislature, the legislative counsel shall inform the second requestor of the fact that the request is duplicative.

      Sec. 17.  NRS 218.6825 is hereby amended to read as follows:

      218.6825  1.  There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.

      2.  If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.

      3.  The interim finance committee, except as otherwise provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.

      4.  During a regular session the interim finance committee may also perform the duties imposed on it by subsections 4 and 6 of NRS 284.115, subsection 3 of NRS 328.480, subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.335 and 428.375 and subsection 6 of NRS 445.700.


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353.224, 353.335 and 428.375 and subsection 6 of NRS 445.700. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.

      5.  The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.

      6.  A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.

      7.  In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.

      8.  Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All such compensation must be paid from the contingency fund in the state treasury.

      Sec. 17.1.  NRS 231.040 is hereby amended to read as follows:

      231.040  1.  The commission on economic development is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.

      2.  The governor shall appoint as members of the commission persons who have proven experience in economic development which was acquired by them while engaged in finance, manufacturing, mining, agriculture, the field of transportation, or in general business other than tourism or gaming.

      3.  The governor shall appoint at least one member who is a resident of:

      (a) Clark County.

      (b) Washoe County.

      (c) A county whose population is [24,000] 35,000 or less.

      Sec. 17.3.  NRS 231.067 is hereby amended to read as follows:

      231.067  The commission on economic development shall:

      1.  Develop a state plan for industrial development and diversification.

      2.  Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism.

      3.  Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.

      4.  Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [24,000,] 35,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.


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an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [24,000,] 35,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

      5.  Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.

      6.  Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism.

      7.  Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.

      8.  Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

      9.  Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.

      Sec. 17.5.  NRS 231.170 is hereby amended to read as follows:

      231.170  1.  The commission on tourism is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.

      2.  The governor shall appoint as members of the commission persons who are informed on and have experience in travel and tourism, including the business of gaming.

      3.  The chief administrative officers of county fair and recreation boards of counties whose population is 100,000 or more are ex officio but nonvoting members of the commission.

      4.  The governor shall appoint at least one member who is a resident of:

      (a) Clark County.

      (b) Washoe County.

      (c) A county whose population is [24,000] 35,000 or less.

      Sec. 17.7.  NRS 233B.130 is hereby amended to read as follows:

      233B.130  1.  Any [person] party who is:

      (a) Identified as a party of record by an agency in an administrative proceeding; and

      (b) Aggrieved by a final decision in a contested case,

is entitled to judicial review of the decision. Where appeal is provided within an agency, only the decision at the highest level is reviewable unless a decision made at a lower level in the agency is made final by statute. Any preliminary, procedural or intermediate act or ruling by an agency in a contested case is reviewable if review of the final decision of the agency would not provide an adequate remedy.

      2.  Petitions for judicial review must:

      (a) Name as respondents the agency and all parties of record to the administrative proceeding;

      (b) Be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides or in and for the county where the agency proceeding occurred; and


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      (c) Be filed within 30 days after service of the final decision of the agency. Cross-petitions for judicial review must be filed within 10 days after service of a petition for judicial review.

      3.  The agency and any party desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the agency and every party within 20 days after service of the petition.

      4.  A petition for rehearing or reconsideration must be filed within 15 days after the date of service of the final decision. An order granting or denying the petition must be served on all parties at least 5 days before the expiration of the time for filing the petition for judicial review. If the petition is granted, the subsequent order shall be deemed the final order for the purpose of judicial review.

      5.  The petition for judicial review and any cross-petitions for judicial review must be served upon the agency and every party within 45 days after the filing of the petition, unless, upon a showing of good cause, the court extends the time for such service.

      6.  The provisions of this chapter are the exclusive means of judicial review of, or judicial action concerning a final decision in a contested case involving an agency to which this chapter applies.

      Sec. 18.  NRS 266.555 is hereby amended to read as follows:

      266.555  1.  The municipal court has jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this chapter of a police or municipal nature, and shall hear, try and determine cases in accordance with the provisions of those ordinances or of this chapter.

      2.  The municipal court has jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.

      3.  The municipal court has jurisdiction of:

      (a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.

      (b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.

      (c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the municipal court, when the principal sum claimed does not exceed $2,500.

      (d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.


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      (e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys’ fees, or both if allowed, does not exceed $2,500.

      4.  Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears [by] from the pleadings [of the verified answer] that the validity of any tax, assessment or levy, or title to real property is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices’ courts.

      Sec. 18.5.  NRS 266.595 is hereby amended to read as follows:

      266.595  Appeals to the district court may be taken from any final judgment of the municipal court in [the same manner and with the same effect as appeals from justices’ courts in civil or criminal cases, as the case may be.] accordance with the provisions of NRS 5.073.

      Sec. 19.  NRS 268.096 is hereby amended to read as follows:

      268.096  1.  The city council or other governing body of each incorporated city shall impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging in that city upon all persons in the business of providing lodging. This tax must be imposed by the city council or other governing body of each incorporated city, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 4.

      2.  The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.

      3.  The tax imposed pursuant to subsection 1 may be collected from the paying guests and may be shown as an addition to the charge for the rental of transient lodging. The person providing the transient lodging is liable to the [county] city for the tax whether or not it is actually collected from the paying guest.

      4.  If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the city shall charge and collect in addition to the tax:

      (a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the governing body, whichever is greater; and

      (b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.

      5.  As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed or collected from paying guests pursuant to this section or NRS 244.3352.

      Sec. 20.  NRS 269.018 is hereby amended to read as follows:

      269.018  1.  Except as otherwise provided in subsection 2, the term of office of a member of the town board is 4 years and begins on the first Monday in January following the general election at which he is chosen.

      2.  The initial members of the board elected [pursuant to subsection 2 of NRS 269.017 or subsection 1 of NRS 269.0171] at a general election shall, at the first meeting of the board after their election [shall] and qualification, draw lots to determine which members serve terms of 2 years and which serve terms of 4 years.


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draw lots to determine which members serve terms of 2 years and which serve terms of 4 years. The drawing must result in, as nearly as possible, the election of half of the members of the board at each subsequent election.

      [3.  Each town board shall conduct an election in the town on the Tuesday next after the first Monday in November in each odd-numbered year to choose the successors of those members of the board whose terms expire in the following January. The general election laws of the state apply, except for the year, to these elections.]

      Sec. 21.  NRS 271.428 is hereby amended to read as follows:

      271.428  1.  When all outstanding bonds, principal, interest and prior redemption premiums, if any, of such a district have been paid and any surplus amounts remain in the fund established pursuant to NRS 271.490 to the credit of the district, the surplus after the payment of valid claims for refund, if any, must be transferred to a surplus and deficiency fund. The governing body may [,] at any time, by resolution or [by] ordinance, authorize the deposit of any money otherwise available to the surplus and deficiency fund.

      2.  Whenever there is a deficiency in any fund established pursuant to NRS 271.490 for the payment of the bonds and interest thereon for any improvement district created pursuant to former NRS 244A.193 or pursuant to NRS 271.325 or [former NRS 244A.193 or] 318.070, the deficiency must first be paid out of the surplus and deficiency fund to the extent of the money available [therein] in the fund before any payment is made out of the general fund of the municipality as provided by NRS 271.495.

      3.  Amounts in the surplus and deficiency fund which exceed 10 percent of the principal amount of outstanding bonds of the municipality for all improvement districts created pursuant to former NRS 244A.193 or pursuant to NRS 271.325 or [former NRS 244A.193 or] 318.070, at the end of each fiscal year may be used:

      (a) To make up deficiencies in any assessment which proves insufficient to pay for the cost of the project or work for which the assessment has been levied.

      (b) To advance amounts for the cost of any project or work in any district created pursuant to any of these sections.

      (c) To provide for the payment of assessments levied against, or attributable to, property owned by the municipality or the Federal Government.

      4.  At the end of each fiscal year any excess amount described in subsection 3 may be transferred to the general fund of the municipality as the governing body [may direct] directs by resolution.

      Sec. 22.  NRS 284.150 is hereby amended to read as follows:

      284.150  1.  The classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created with are not included in the unclassified service, and which provide services for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law and supported in whole or in part by any public [funds,] money, whether the [public funds are funds] money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.


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      2.  Appointments in the classified service [shall] must be made according to merit and fitness from eligible lists prepared upon the basis of examination, which [shall] must be open and competitive, except as otherwise provided in this chapter.

      3.  [No] Except as otherwise provided in NRS 193.105 and 416.070, no person may be appointed, transferred, promoted, demoted or discharged as an officer, clerk, employee or laborer in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith . [and NRS 416.070.]

      4.  No person may be discriminated against on account of his religious opinions or affiliations or race.

      Sec. 23.  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 has 10 or more years of accredited contributing service. The employer shall begin paying an employee’s portion of contribution on the date the employee attains 10 years of accredited contributing service, if this occurs after July 1, 1985.

      2.  Except for [persons] any person chosen by election or appointment to serve in an elective [offices] office of a political subdivision or as a district [judges] judge of this state [, payment] :

      (a) Payment of the employee’s portion of the contributions pursuant to subsection 1 must be:

      [(a)] (1) Made in lieu of equivalent basic salary increases or cost-of-living increases, or both; or

      [(b)] (2) Counterbalanced by equivalent reductions in employees’ salaries.

      [3.  Except in the case of the elective officers described in subsection 2, the]

      (b) 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. In the case of [the elective county officers] any officer or judge described in this subsection , [2,] any contribution made by the public employer on [their] his behalf does not affect [their] his compensation but is an added special payment.

      [4.] 3.  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.] 4.  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.


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      [6.] 5.  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 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,

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 shall, 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.] 6.  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.] 7.  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; and

      (b) 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. 24.  NRS 318.272 is hereby amended to read as follows:

      318.272  Any party aggrieved by a final decision of the board of county commissioners pursuant to NRS 318.271 may obtain judicial review of the decision, as if the board of county commissioners were a state agency, in the manner provided by NRS 233B.130 [, 233B.140 and 233B.150.] to 233B.150, inclusive.

      Sec. 25.  NRS 353.155 is hereby amended to read as follows:

      353.155  As used in NRS 353.150 to 353.246, inclusive, [and NRS 353.277,] “chief” means the chief of the budget division of the department of administration.

      Sec. 26.  NRS 354.59872 is hereby amended to read as follows:

      354.59872  1.  A local government may apply to the local governmental advisory committee for a determination of the amount of revenue from population-based taxes the local government lost as a result of the incorporation of a new city on or after July 1, 1989.

      2.  Within 60 days after the receipt of a request made pursuant to subsection 1, the local governmental advisory committee shall make a determination of the amount of revenue from population-based taxes the local government lost as a result of the incorporation of a new city on or after July 1, 1989, and transmit it to the department of taxation and the local government which made the request.

      3.  Upon receipt of the determination of the local governmental advisory committee, the local government may petition the Nevada tax commission for approval of the determination. As soon as practicable after receipt of such a request, the Nevada tax commission shall review the determination and may accept, reject or amend the determination.


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accept, reject or amend the determination. The decision of the Nevada tax commission is final.

      4.  Upon receipt of a final determination from the Nevada tax commission pursuant to this section, the executive director of the department of taxation shall add the amount approved by the Nevada tax commission to the allowed revenue from taxes ad valorem [and the supplemental city-county relief tax distribution factor] of the local government.

      Sec. 27.  NRS 355.120 is hereby amended to read as follows:

      355.120  The state treasurer may invest any available money in the state treasury, other than that in the state permanent school fund and that in the state insurance fund, in farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture, farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended.

      Sec. 28.  NRS 355.140 is hereby amended to read as follows:

      355.140  1.  In addition to other investments provided for by a specific statute, the following bonds and other securities [, or either or any of them,] are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:

      (a) Bonds and certificates of the United States;

      (b) Bonds, notes, debentures and loans [where] if they are underwritten by or their payment is guaranteed by the United States;

      (c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Federal Home Loan Bank Board or the Federal Home Loan Mortgage Corporation, whether or not guaranteed by the United States;

      (d) Bonds of this state or other states of the Union;

      (e) Bonds of any county of [the State of Nevada] this state or of other states;

      (f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds [when] if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

      (g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, [when] if the value of the property is found by the board or commission making the investments to render the bonds financially sound over and above all other obligations of the districts;

      (h) Bonds of school districts within this state;


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ê1991 Statutes of Nevada, Page 472 (Chapter 228, AB 422)ê

 

      (i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of [the State of Nevada] this state or of any other state, [which] if:

             (1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation [when the] ; and

             (2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;

      (j) Short-term financing for counties, cities and school districts authorized [under the provisions of] pursuant to chapter 354 of NRS;

      (k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in [the State of Nevada] this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;

      (l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;

      (m) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations;

      (n) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days’ maturity, and may not, in aggregate value, exceed 10 percent of the total portfolio;

      (o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

             (1) Is purchased from a registered broker-dealer;

             (2) At the time of purchase has a remaining term to maturity of no more than 270 days; and

             (3) Is rated by a nationally recognized rating service as “P-1,” “A-1” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible; and

      (p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:

 


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ê1991 Statutes of Nevada, Page 473 (Chapter 228, AB 422)ê

 

by depository institutions licensed by the United States or any state and operating in the United States that:

             (1) Are purchased from a registered broker-dealer;

             (2) At the time of purchase have a remaining term to maturity of no more than 3 years; and

             (3) Are rated by a nationally recognized rating service as “A” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in the aggregate value, exceed 25 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.

      2.  Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:

      (a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:

             (1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;

             (2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and

             (3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.

      (b) In all repurchase agreements:

             (1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;

             (2) The state must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

             (I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;

             (II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;

             (III) Hold the securities separate from the assets of the custodian; and

             (IV) Report periodically to the state concerning the market value of the securities;

             (3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;

             (4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and

             (5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.


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ê1991 Statutes of Nevada, Page 474 (Chapter 228, AB 422)ê

 

      3.  As used in subsection 2:

      (a) “Counterparty” means a bank organized and operating or licensed to operate in the United States [under] pursuant to federal or state law or a securities dealer which is:

             (1) A registered broker-dealer;

             (2) Designated by the Federal Reserve Bank of New York as a “primary” dealer in United States government securities; and

             (3) In full compliance with all applicable capital requirements.

      (b) “Repurchase agreement” means purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

      4.  No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or 616 of NRS.

      Sec. 29.  (Deleted by amendment.)

      Sec. 30.  NRS 361.535 is hereby amended to read as follows:

      361.535  1.  If the person, company or corporation so assessed neglects or refuses to pay the taxes within 30 days after demand, a penalty of 10 percent must be added. If the tax and penalty are not paid on demand, the county assessor or his deputy shall seize, seal or lock enough of the personal property of the person, company or corporation so neglecting or refusing to pay to satisfy the taxes and costs.

      2.  The county assessor shall post a notice of the seizure, with a description of the property, in three public places in the township or district where it is seized, and shall, at the expiration of 5 days, proceed to sell at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of the property to pay the taxes and expenses incurred. For this service the county assessor must be allowed from the delinquent person a fee of $3.

      3.  If the personal property seized by the county assessor or his deputy consists of a mobile home [,] or house trailer , [or boat,] the county assessor shall publish a notice of the seizure once during each of 2 successive weeks in a newspaper of general circulation in the county. If the legal owner of the property is someone other than the registered owner and the name and address of the legal owner can be ascertained from the records of the department of motor vehicles and public safety, the county assessor shall, before publication, send a copy of the notice by registered or certified mail to the legal owner. The cost of the publication and notice must be charged to the delinquent taxpayer. The notice must state:

      (a) The name of the owner, if known.

      (b) The description of the property seized, including the make, model and color and the serial number, [motor number,] body number or other identifying number.

      (c) The fact that the property has been seized and the reason for seizure.

      (d) The amount of the taxes due on the property and the penalties and costs as provided by law.

      (e) The time and place at which the property is to be sold.


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ê1991 Statutes of Nevada, Page 475 (Chapter 228, AB 422)ê

 

After the expiration of 5 days from the date of the second publication of the notice, the property must be sold at public auction in the manner provided in subsection 2 for the sale of other personal property by the county assessor.

      4.  Upon payment of the purchase money, the county assessor shall deliver to the purchaser of the property sold, with a certificate of the sale, a statement of the amount of taxes or assessment and the expenses thereon for which the property was sold, whereupon the title of the property so sold vests absolutely in the purchaser.

      Sec. 31.  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 marking any distributions required by NRS 377.053:

      (a) [Distribute the amount specified in this paragraph among the following local governments in the following percentages:

 

                                              Political Subdivision                                           Percentage

 

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. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.

      (b)] For the fiscal years beginning on and after July 1, 1990, deposit in the emergency fund of the supplemental city-county relief tax the monthly amount required to replenish that fund as determined by the executive director. On or before July 10 of each year the executive director shall determine the balance that existed in the emergency fund of the supplemental city-county relief tax as of June 30 of the preceding fiscal year and subtract that amount from $2,500,000 to determine the annual amount necessary to replenish the emergency fund. Upon determining the amount necessary to replenish the fund, the executive director shall divide that amount by 12 to determine the monthly amount required to replenish the fund and report that amount to the state controller.


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ê1991 Statutes of Nevada, Page 476 (Chapter 228, AB 422)ê

 

      [(c)] (b) Distribute to each local government that is eligible to receive a portion of the tax, the amount calculated for it by the department of taxation pursuant to subsection 2.

      2.  The amount remaining each month after any distributions required pursuant to NRS 377.053 and [paragraphs (a) and (b)] paragraph (a) of subsection 1 must be distributed to the counties in the same proportion that the sum of the supplemental city-county relief tax distribution factors of the county and all local governments in the county that are eligible to receive the tax bears to the sum of the supplemental city-county relief tax distribution factors of all local governments in the state that are eligible to receive the tax, except that, only the portion of the supplemental city-county relief tax distribution factor of a city incorporated after July 1, 1988, which is attributable to any town that the city replaced may be included in the total of the supplemental city-county relief tax distribution factors of the local governments in the county and the state. 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, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, 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.

      3.  As used in this section, the “basic ad valorem revenue”:

      (a) Of each local government, except as otherwise provided in subsection 5 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals and assessed valuation of state property included in the calculation of the supplemental city-county relief tax factor, 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.

      (c) Of a local government listed in subsection 1 of NRS 354.59873 does not include any increase in the basic ad valorem revenue pursuant to that section.

      4.  For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.


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ê1991 Statutes of Nevada, Page 477 (Chapter 228, AB 422)ê

 

      5.  For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:

      (a) The Santini-Burton Act, Public Law 96-586; or

      (b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.

      6.  For each fiscal year beginning on or after July 1, 1989, the supplemental city-county relief tax distribution factor of each local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax must be calculated as follows:

      (a) The assessed valuation of the local government for the preceding fiscal year including the assessed valuation of property on the central assessment roll allocated to a local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of minerals, must be added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed valuation of new real property, possessory interests and mobile homes added to the assessment rolls in the past year and allocable to the local government.

      (b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation including the assessed valuation of property on the central assessment roll allocable to the local government but excluding any assessed valuation attributable to the net proceeds of minerals, is the percentage by which the supplemental city-county relief tax distribution factor may increase over the amount for the previous year.

      7.  For the fiscal years beginning on and after July 1, 1990, if the assessed valuation of all real property, possessory interests and mobile homes owned by the state within the boundaries of a local government, except a fire protection district to which the provisions of subsection 8 apply, exceeds 5 percent of the total assessed valuation of the local government, an amount equal to any increase over the preceding fiscal year in the assessed valuation of all real property, possessory interests and mobile homes that are owned by the state, exempt from taxation and within the boundaries of the local government must be added to the sum determined pursuant to paragraph (a) of subsection 6 and used in the calculation required by that subsection in the same manner as the assessed value of new real property.

      8.  The county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the supplemental city-county relief tax distribution factor of any fire protection district in which such property is located.

      9.  If a local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax levies a tax ad valorem for debt service for an obligation which has previously been repaid from another source, the supplemental city-county relief tax distribution factor of that local government calculated pursuant to this section must be reduced by the amount of that debt levy.


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ê1991 Statutes of Nevada, Page 478 (Chapter 228, AB 422)ê

 

      10.  If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the supplemental city-county relief tax distribution factor for the county calculated pursuant to this section must be reduced by an equal amount.

      11.  On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.

      12.  On or before March 15 of each year, the executive director shall:

      (a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and

      (b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      13.  A local government may use the estimate provided by the executive director pursuant to subsection 12 in the preparation of its budget.

      Sec. 31.5.  NRS 393.170 is hereby amended to read as follows:

      393.170  1.  The board of trustees of a school district shall purchase all new library books and supplies, all new textbooks and supplementary schoolbooks which are necessary and have been approved by the state [textbook commission,] board of education, and school supplies necessary to carry out the mandates of the school curriculum to be used by the pupils of the school district. The cost of the [same shall be] books and supplies is a legal charge against the school district fund.

      2.  All books purchased by the board of trustees [shall] must be held as property of the school district, and [shall] must be loaned to the pupils of the school in the school district while pursuing a course of study therein.

      3.  The parents and guardians of pupils [shall be] are responsible for all books and any and all other material or equipment loaned to the children in their charge, and shall pay to the clerk of the board of trustees, or to any other person authorized by the board to receive the same, the full purchase price of all such books, material or equipment destroyed, lost or so damaged as to make them unfit for use by other pupils succeeding to their classes. The board of trustees shall establish reasonable rules and regulations governing the care and custody of such school property, and for the payment of fines for damage thereto.

      4.  Equipment and materials for use in manual training, industrial training and teaching domestic science may be supplied to the pupils in the same manner, out of the same fund, and on the same terms and conditions as books. No private ownership [can] may be acquired in such equipment or material, unless sold in the manner prescribed by law when such equipment or material [shall be] are no longer used or required for the schools of the school district.

      5.  Authorized supplementary books and desk books for the use of teachers [shall] must be purchased under NRS 393.160 to 393.210, inclusive, and [shall] remain the property of the school district for which they were purchased, unless sold in accordance with the provisions of this chapter.


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ê1991 Statutes of Nevada, Page 479 (Chapter 228, AB 422)ê

 

      6.  The clerk of the board of trustees shall turn over to the county treasurer, within 30 days after receiving [the same, all moneys] it, all money, collected under the provisions of this section, and the [same shall] money must be credited to the school district fund.

      7.  Any person violating any of the provisions of this section [shall be] is guilty of a misdemeanor.

      Sec. 32.  NRS 425.3834 is hereby amended to read as follows:

      425.3834  1.  Upon issuance and approval by a district court of an order for support of a dependent child, the chief shall enforce and collect upon the order, including arrearages.

      2.  An order for support of a dependent child issued by the hearing officer is final upon approval by the district court pursuant to NRS 425.3844. The order is in full force and effect while any judicial review is pending unless the order is stayed by the district court.

      3.  The district court may review an order for support of a dependent child issued by a hearing officer pursuant to the provisions of [subsections 4 and 5 of NRS 233B.140.] NRS 233B.130 to 233B.150, inclusive.

      Sec. 33.  NRS 425.3844 is hereby amended to read as follows:

      425.3844  1.  The order for support of a dependent child issued by the hearing officer, including an order establishing paternity, must be furnished to each party or his attorney at the conclusion of the proceedings or as soon thereafter as possible.

      2.  Within 10 days after receipt of the order, either party may file with the district court and serve upon the other party written objections to the order. The district court shall:

      (a) If no objection is filed, accept the order for support of a dependent child, including an order establishing paternity, unless clearly erroneous, and judgment may be entered thereon; or

      (b) If an objection is filed within the 10-day period, review the matter pursuant to [subsections 4 and 5 of NRS 233B.140] the provisions of NRS 233B.130 to 233B.150, inclusive, upon receipt of a notice and motion.

      3.  Upon approval by the district court of an order for support of a dependent child, including an order establishing paternity, a copy of the order entered by the hearing officer pursuant to the provisions of NRS 425.382 to 425.3852, inclusive, with the approval of the court endorsed thereon, must be filed in the office of the clerk of the district court.

      4.  Upon filing, the order has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.

      Sec. 34.  NRS 428.050 is hereby amended to read as follows:

      428.050  1.  In addition to the tax levied pursuant to NRS 428.185 and 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax to provide aid and relief to those persons coming within the purview of this chapter. In a county whose population is 250,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 12.3 cents for each $100 of assessed valuation. In a county whose population is less than 250,000, the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.


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ê1991 Statutes of Nevada, Page 480 (Chapter 228, AB 422)ê

 

less than 250,000, the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.

      2.  The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada tax commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.

      3.  No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 of this section and NRS 428.185, 428.285 and 450.425, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

      4.  Except as otherwise provided in this subsection, no interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this section and NRS 428.185, 428.285 and 450.425. If the health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.

      Sec. 35.  NRS 428.050 is hereby amended to read as follows:

      428.050  1.  In addition to the tax levied pursuant to NRS 428.185 and 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax to provide aid and relief to those persons coming within the purview of this chapter. In a county whose population is 400,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 12.3 cents for each $100 of assessed valuation. In a county whose population is less than 400,000 the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.

      2.  The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada tax commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.

      3.  No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 of this section and NRS 428.185, 428.285 and 450.425, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

      4.  Except as otherwise provided in this subsection, no interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this section and NRS 428.185, 428.285 and 450.425.


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ê1991 Statutes of Nevada, Page 481 (Chapter 228, AB 422)ê

 

board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this section and NRS 428.185, 428.285 and 450.425. If the health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.

      Sec. 36.  NRS 428.185 is hereby amended to read as follows:

      428.185  1.  [The] In addition to the taxes levied pursuant to NRS 428.050 and 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of each county shall levy an ad valorem tax at a rate which must be calculated by:

      (a) First multiplying the tax rate of 1.5 cents on each $100 of assessed valuation by the assessed valuation of all taxable property in this state, including new real property, possessory interests and mobile homes, during the next fiscal year.

      (b) Then subtracting the amount of unencumbered money in the fund on May 1 of the current fiscal year.

      (c) Then setting the rate so that the revenue from the tax does not exceed the amount resulting from the calculations made in paragraphs (a) and (b).

      2.  The tax so levied, and its proceeds, must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.

      3.  The proceeds of this tax must be remitted in the manner provided for in NRS 361.745 to the state treasurer for credit to the fund for hospital care to indigent persons.

      Sec. 37.  NRS 428.285 is hereby amended to read as follows:

      428.285  1.  The board of county commissioners of each county shall establish a tax rate of at least 6 cents on each $100 of assessed valuation for the purposes of the tax imposed pursuant to subsection 2. A board of county commissioners may increase the rate to not more than 10 cents on each $100 of assessed valuation.

      2.  In addition to the levies provided in NRS 428.050 to 428.185 [,] and any tax levied pursuant to NRS 450.425, the board of county commissioners shall levy a tax ad valorem at a rate necessary to produce revenue in an amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate established pursuant to subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.

      3.  For each fiscal year beginning on or after July 1, 1989, the board of county commissioners of each county shall remit to the state treasurer from the money in the fund an amount of money equivalent to 1 cent on each $100 of assessed valuation of all taxable property in the county for credit to the supplemental fund.

      4.  The tax so levied [,] and its proceeds must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.


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ê1991 Statutes of Nevada, Page 482 (Chapter 228, AB 422)ê

 

      Sec. 38.  NRS 432A.220 is hereby amended to read as follows:

      432A.220  Any person who operates a child care facility without a license issued [by the bureau] pursuant to NRS 432A.131 to 432A.220, inclusive, is guilty of a misdemeanor.

      Sec. 38.5.  NRS 444.350 is hereby amended to read as follows:

      444.350  1.  Any construction, alteration or change in the use of a building or other structure in this state must be in compliance with the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials in the form most recently adopted by that association before January 1, [1989.] 1991.

      2.  Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions. Any city or county desiring to make changes to the Uniform Plumbing Code must, before its adoption, submit the code with the proposed amendments to the state public works board.

      3.  No city or county may allow the use of any solder or flux that contains more than 0.2 percent lead or allow the use of any pipe or pipe fitting that contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system. As used in this subsection, “public water system” has the meaning ascribed to it in NRS 445.376.

      Sec. 39.  NRS 450.425 is hereby amended to read as follows:

      450.425  1.  The board of county commissioners of a county in which a public hospital is located may, upon approval by a majority of the voters voting on the question in an election held throughout the county, levy an ad valorem tax of not more than 2.5 cents on each $100 of assessed valuation upon all taxable property in the county, to pay the cost of services rendered by the hospital pursuant to subsection 3 of NRS 450.420. The approval required by this subsection may be requested at any general or special election.

      2.  Any tax imposed pursuant to this section is in addition to the taxes imposed pursuant to NRS 428.050 , 428.185 and 428.285.  The proceeds of any tax levied pursuant to this section are exempt from the limitations imposed by NRS 354.59811, 428.050 and 428.285 and must be excluded in determining the maximum rate of tax authorized by those sections.

      Sec. 40.  Chapter 451 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Identification card” means an identification card issued by the department of motor vehicles and public safety pursuant to chapter 483 of NRS.

      Sec. 41.  NRS 451.510 is hereby amended to read as follows:

      451.510  Unless the context otherwise requires, as used in NRS 451.500 to 451.590, inclusive, the words and terms defined in NRS 451.513 to 451.553, inclusive, and section 40 of this act, have the meanings ascribed to them in those sections.

      Sec. 42.  NRS 451.523 is hereby amended to read as follows:

      451.523  “Document of gift” means a card, a statement attached to or imprinted on a [motor vehicle operator’s or chauffeur’s license,] driver’s license or identification card, a will, or other writing used to make an anatomical gift.


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ê1991 Statutes of Nevada, Page 483 (Chapter 228, AB 422)ê

 

      Sec. 43.  NRS 451.555 is hereby amended to read as follows:

      451.555  1.  Any person who is at least 18 years of age may:

      (a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;

      (b) Limit an anatomical gift to one or more of those purposes; or

      (c) Refuse to make an anatomical gift.

      2.  An anatomical gift may be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.

      3.  If a document of gift is attached to or imprinted on a donor’s [motor vehicle operator’s or chauffeur’s license,] driver’s license or identification card, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.

      4.  A document of gift may [designate] authorize a particular physician to carry out the appropriate procedures. In the absence of [a designation] such authorization or if the [designee] designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.

      5.  An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

      6.  A donor may amend or revoke an anatomical gift, not made by will, only by:

      (a) A signed statement;

      (b) An oral statement made in the presence of two persons;

      (c) Any form of communication during a terminal illness or injury addressed to a physician; or

      (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

      7.  The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 6.

      8.  An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death.

      9.  A person may refuse to make an anatomical gift of his body or part by:

      (a) A writing signed in the same manner as a document of gift;

      (b) A statement attached to or imprinted on his [motor vehicle operator’s or chauffeur’s license;] driver’s license or identification card; or

      (c) Any other writing used to identify him as refusing to make an anatomical gift.

During a terminal illness or injury, the refusal may be an oral statement or other form of communication.


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ê1991 Statutes of Nevada, Page 484 (Chapter 228, AB 422)ê

 

      10.  In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.

      11.  In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection 9.

      Sec. 44.  NRS 451.573 is hereby amended to read as follows:

      451.573  [1.  A person who makes a gift of all or part of his body may attach written permission for a physician to carry out the appropriate procedures on a driver’s license or an identification card issued by the department of motor vehicles and public safety.

      2.] The department of motor vehicles and public safety and its representatives are not liable for damages in a civil action or subject to prosecution in any criminal proceeding on account of any entry on or document attached to a driver’s license or [an] identification card issued by the department.

      Sec. 45.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Drug Enforcement Administration” means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.

      Sec. 46.  NRS 453.016 is hereby amended to read as follows:

      453.016  As used in NRS 453.011 to 453.730, inclusive, the words and terms in NRS 453.021 to 453.141, inclusive, and section 45 of this act, have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.

      Sec. 47.  NRS 453.151 is hereby amended to read as follows:

      453.151  1.  The board and the division shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the board and division may:

      (a) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

      (b) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

      (c) Cooperate with the [bureau] Drug Enforcement Administration by establishing a centralized unit to accept, catalog, file and collect statistics, including records of drug-dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes. The board and the division shall not furnish the name or identity of a patient or research subject whose identity could not be obtained [under] pursuant to NRS 453.157; and

      (d) Conduct programs of eradication aimed at destroying the wild or illicit growth of plant species from which controlled substances may be extracted.

      2.  Results, information and evidence received from the [bureau] Drug Enforcement Administration relating to the regulatory functions of the provisions of NRS 453.011 to 453.552, inclusive, including results of inspections conducted by it, may be relied and acted upon by the board and division in the exercise of [its] their regulatory functions [under the provisions of] pursuant to NRS 453.011 to 453.552, inclusive.


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ê1991 Statutes of Nevada, Page 485 (Chapter 228, AB 422)ê

 

      Sec. 48.  NRS 453.236 is hereby amended to read as follows:

      453.236  1.  If a person who is registered [under] pursuant to NRS 453.231 is convicted of a felony for a violation of any federal or state law concerning drugs or chemicals, that conviction operates as an immediate suspension of the registration. The person so convicted may apply to the board for reinstatement at any time.

      2.  A registration [under] pursuant to NRS 453.231 to manufacture, distribute, possess, administer, dispense or prescribe a controlled substance may be suspended or revoked by the board upon a finding that the registrant has:

      (a) Furnished false or fraudulent material information in any application filed [under the provisions of] pursuant to NRS 453.011 to 453.552, inclusive;

      (b) Had his registration or license to manufacture, distribute, possess, administer, dispense or prescribe controlled substances revoked in any state;

      (c) Had his federal registration [suspended or revoked] to manufacture, distribute, possess, administer, dispense or prescribe controlled substances [;] suspended or revoked;

      (d) Surrendered or failed to renew his federal registration;

      (e) Ceased to be entitled [under] by state law to manufacture, distribute, possess, administer, dispense or prescribe a controlled substance;

      (f) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels;

      (g) Failed to keep complete and accurate records of controlled substances purchased, administered or dispensed independent of the individual patient’s chart or medical record; or

      (h) Failed to comply with any provision of this chapter or any of the statutes of the United States, federal regulations, other statutes of [the State of Nevada] this state or regulations of the board relating to controlled substances or dangerous drugs.

      3.  A registrant [,] whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation [,] may be disciplined by the board by one or more of the following methods:

      (a) Suspending judgment;

      (b) Placing the registrant on probation, subject to such terms and conditions as the board deems appropriate;

      (c) Suspending the right of a registrant to use a registration or any schedule thereof;

      (d) Revoking the registration or any schedule thereof;

      (e) Public or private reprimand; or

      (f) Imposition of a fine not to exceed $1,000 for each count of the accusation.

Such an action by the board is final, except that the propriety of the action is subject to review upon questions of law by a court of competent jurisdiction.

      4.  If a registration is suspended or revoked, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.


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ê1991 Statutes of Nevada, Page 486 (Chapter 228, AB 422)ê

 

therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order’s becoming final, all controlled substances may be forfeited to the state.

      5.  The board shall promptly notify the [bureau] Drug Enforcement Administration and division of all orders suspending or revoking registration and the division shall promptly notify the [bureau] Drug Enforcement Administration and the board of all forfeitures of controlled substances.

      6.  A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacist’s certificate has been suspended or revoked.

      Sec. 49.  NRS 453.261 is hereby amended to read as follows:

      453.261  1.  The division or the board may make administrative inspections of controlled premises in accordance with the following provisions:

      (a) When authorized by an administrative warrant for inspection issued pursuant to NRS 453.266, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the division or the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.

      (b) When authorized by an administrative warrant for inspection, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the division or the board may:

             (1) Inspect and copy records required to be kept by the provisions of NRS 453.011 to 453.552, inclusive;

             (2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on any violation of the provisions of NRS 453.011 to 453.552, inclusive; and

             (3) Inventory any stock of any controlled substance therein and obtain samples thereof.

      2.  Members and investigators of the board, inspectors of the Food and Drug Administration, agents of the [Bureau,] Drug Enforcement Administration and agents of the division are authorized to remove the original prescription for a controlled substance from the files of a pharmacy if the prescription is to be used as evidence in a contemplated criminal or civil action or administrative proceeding. The person removing the prescription shall:

      (a) Affix the name and address of the pharmacy to the back side of the prescription;

      (b) Affix his initials, and cause the pharmacist on duty to affix his initials, and note the date of the removal on the back of the prescription;

      (c) Affix the name of the agency for which he is removing the prescription;

      (d) Provide a receipt for the prescription to the pharmacy; and

      (e) Return a photostatic copy of both sides of the prescription to the pharmacy within 5 working days after removal.

      3.  This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:


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ê1991 Statutes of Nevada, Page 487 (Chapter 228, AB 422)ê

 

      (a) If the owner, operator or agent in charge of the controlled premises consents;

      (b) In situations presenting imminent danger to health or safety;

      (c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

      (d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or

      (e) In all other situations in which a warrant is not constitutionally required.

      4.  An inspection authorized by this section must not extend to financial data [,] or sales data, other than data for shipment or pricing , unless the owner, operator or agent in charge of the controlled premises consents in writing.

      5.  For purposes of this section, “controlled premises” means:

      (a) Places where persons registered or exempted from the requirements for registration [under the provisions of] pursuant to NRS 453.011 to 453.552 inclusive, are required to keep records;

      (b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from the requirements for registration [under the provisions of] pursuant to NRS 453.011 to 453.552, inclusive, are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance; and

      (c) Places where immediate precursors are sold, compounded, manufactured, processed or delivered.

      Sec. 50.  NRS 453.680 is hereby amended to read as follows:

      453.680  The health division of the department may cooperate and contract with:

      1.  Any agency of the Federal Government;

      2.  Other states;

      3.  Any political subdivision; or

      4.  Any local addiction treatment clinic whose program meets the requirements of the Food and Drug Administration and the [bureau,] Drug Enforcement Administration, and which is approved by the health division of the department,

in carrying out the purposes of NRS 453.600 to 453.730, inclusive.

      Sec. 51.  NRS 482.170 is hereby amended to read as follows:

      482.170  [All registration and license records] Except as otherwise provided in NRS 481.063, all records of registration and licensing in the offices of the department [shall be] are public records and open to inspection by the public during business hours.

      Sec. 52.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The department shall upon payment of the required fee issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license.


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ê1991 Statutes of Nevada, Page 488 (Chapter 228, AB 422)ê

 

signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.

      2.  The department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license must be made through the head of the police or sheriff’s department, the chief of the investigation division or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      3.  Information pertaining to the issuance of a driver’s license under subsection 2 is confidential.

      4.  It is unlawful for any person to use a driver’s license issued under subsection 2 for any purpose other than the special investigation for which it was issued.

      5.  A person may attach to his driver’s license any document which identifies him [as] :

      (a) As a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive [.] ; or

      (b) As a person refusing to make an anatomical gift of his body or part of his body.

      Sec. 53.  NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  Identification cards must include the following information concerning the holder:

      (a) Name and sample signature of holder.

      (b) The unique identification number assigned to the holder based on the holder’s Social Security number, if any.

      (c) Personal description.

      (d) Date of birth.

      (e) Current address.

      (f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 years of age.

      4.  A person may attach to his identification card any document which identifies him [as] :

      (a) As a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive [.] ; or

      (b) As a person refusing to make an anatomical gift of his body or part of his body.


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ê1991 Statutes of Nevada, Page 489 (Chapter 228, AB 422)ê

 

      Sec. 54.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  Any person who, while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood, or while under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. Unless a person at the time he is so imprisoned:

      (a) Has been previously convicted of a felony other than:

             (1) One previous violation of this section; or

             (2) One previous violation of paragraph (c) of subsection 1 of NRS 484.3792; or

      (b) Has a history of violent criminal conduct which can be demonstrated,

he must, insofar as practicable, be segregated from offenders whose crimes were violent and be assigned to an institution of minimum security or, if space is available, to an honor camp, restitution center or similar facility.

      2.  [A] No prosecuting attorney may [not] dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in subsection 3, a sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  A person convicted of violating any provision of this section may be sentenced to a specified term of imprisonment in accordance with the provisions of subsection 1. The court may order suspension of the sentence if, as a condition of the suspension, the defendant:

      (a) Is imprisoned in the state prison, an institution of minimum security, an honor camp, a restitution center or a similar facility for not less than 1 year; and

      (b) Upon completion of the term of imprisonment, begins serving a period of probation not to exceed 10 years.

      Sec. 55.  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.


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ê1991 Statutes of Nevada, Page 490 (Chapter 228, AB 422)ê

 

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 may require any applicant to present proof of his identity and residence.

      3.  Except as otherwise provided in [this subsection,] subsection 4, a license agent shall furnish a bond to the department for the proper performance of his duties, executed by the license agent as principal, and by a corporation qualified under the laws of this state as surety, and payable to the State of Nevada in such an amount as is determined by the commission. The premium for the bond must be paid by the license agent, 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.  In lieu of a bond, the license agent may purchase inventory in advance of sales or deposit with the department a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the department. [Premiums for the bonds must be paid by the license agent, 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. A license agent may purchase inventory in advance of sales in lieu of furnishing a bond or may provide a cash bond in lieu of paying a premium for a bond.

      4.] 5.  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.] 6.  For each license, tag, stamp or permit he sells, a license agent is entitled to receive a service fee of:

      (a) Fifty cents for each license, tag or permit, in addition to the fee for the license, tag or permit stated in NRS 502.240 or 502.250; and

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

      [6.] 7.  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.] 8.  All money collected by a license agent, except service fees collected pursuant to subsection [5,] 6, 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. 56.  (Deleted by amendment.)


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ê1991 Statutes of Nevada, Page 491 (Chapter 228, AB 422)ê

 

      Sec. 57. NRS 574.100 is hereby amended to read as follows:

      574.100  [A] Except in any case involving a willful or malicious act for which a greater penalty is provided by NRS 206.150, a person who:

      1.  Overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether belonging to himself or to another;

      2.  Deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink;

      3.  Causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink;

      4.  Willfully sets on foot, instigates, engages in, or in any way furthers an act of cruelty to any animal, or any act tending to produce such cruelty; or

      5.  Abandons an animal in circumstances other than those prohibited in NRS 574.110,

is guilty of a misdemeanor.

      Sec. 58.  NRS 590.820 is hereby amended to read as follows:

      590.820  1.  The board to review claims is hereby created in the division. The board consists of:

      (a) The administrator of the division;

      (b) The executive director of the department;

      (c) The state fire marshal;

      (d) A representative of refiners of petroleum;

      (e) A representative of independent dealers in petroleum;

      (f) A representative of independent retailers of petroleum; and

      (g) A representative of the general public.

      2.  An officer designated as a member of the board may designate a substitute. The governor shall appoint the respective representatives designated as members of the board. Each representative of a field of enterprise must be appointed from a list of three persons nominated by persons engaged in that field in this state, through their trade association if one exists.

      3.  The board shall select its chairman. The administrator of the division shall provide administrative assistance to the board as required.

      4.  Each member who is appointed by the governor is entitled to receive a salary of [$60] not more than $80, as fixed by the board, for each day’s attendance at a meeting of the board.

      5.  While engaged in the business of the board, each member of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 59.  NRS 590.860 is hereby amended to read as follows:

      590.860  If the balance in the fund at the end of any fiscal year is estimated at $7,500,000 or more, the department shall not collect during the ensuing fiscal years the fee imposed [for deposit in the fund] by NRS 590.840 unless otherwise required by this section. If at the end of any subsequent fiscal year the balance in the fund is estimated at $5,000,000 or less, the department shall resume collection during the ensuing fiscal year of the fee so imposed.

      Sec. 60.  NRS 616.222 is hereby amended to read as follows:

      616.222  1.  To aid in returning an injured employee to work or to assist in lessening or removing any resulting handicap, the insurer may order counseling, training or other rehabilitative services for the injured employee regardless of the date on which he first became entitled to compensation.


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counseling, training or other rehabilitative services for the injured employee regardless of the date on which he first became entitled to compensation.

      2.  Before ordering rehabilitative services for an injured employee there must first be a consultation with the injured employee and the treating physician or chiropractor with respect to whether the proposed program is compatible with the injured employee’s age, sex and physical condition. If the services will involve a change in vocation, the consultation must also include the employer and a rehabilitation counselor.

      3.  Any employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other rehabilitative services offered by the insurer.

      Sec. 61.  NRS 616.427 is hereby amended to read as follows:

      616.427  Except as otherwise provided in NRS 616.428:

      1.  If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

      2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, no condition may be considered a “permanent physical impairment” unless it would support a rating of permanent impairment of 12 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, [1987.] 1986.

      4.  In order to qualify under this section for reimbursement from the subsequent injury fund, the insurer must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time that the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

      5.  As insurer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.

      6.  The director shall by regulation establish a procedure by which claims against the subsequent injury fund may be submitted and decisions made.

      7.  An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer.


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      Sec. 62.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

      2.  The insurer shall select a physician from a group of rating physicians designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, [1985.] 1986. The department may supplement this publication by adopting regulations for a supplemental guide.

      3.  No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

      4.  Each 1 percent of impairment of the whole man must be compensated by a monthly payment of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

      5.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      6.  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 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.

      7.  The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      8.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      9.  This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 63.  NRS 616.607 is hereby amended to read as follows:

      616.607  1.  Except as otherwise provided in NRS 616.5435, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

      (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.


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      (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      (c) Any claimant injured on or after July 1, 1981, who incurs a disability that exceeds 25 percent may elect to receive his compensation is a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

      2.  If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:

      (a) His right to reopen his claim according to the provisions of NRS 616.545; and

      (b) Any [services for] counseling, training or [rehabilitation] other rehabilitative services provided by the insurer.

The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

      3.  Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      4.  Except as otherwise provided in this subsection, the total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump sum payment must be calculated for the remaining payment of compensation.

      5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 4 of NRS 616.605 and actuarial annuity tables adopted by the department. The tables must be reviewed annually by a consulting actuary.

      6.  If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.

      Sec. 64.  NRS 617.459 is hereby amended to read as follows:

      617.459  1.  The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the insurer, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, [1985.]


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accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, [1985.] 1986.

      2.  If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, [1985.] 1986.

      Sec. 65.  NRS 641.035 is hereby amended to read as follows:

      641.035  After the initial term, the governor shall appoint each member of the board to a term of [5] 4 years. No member of the board may serve more than two consecutive terms.

      Sec. 66.  NRS 645C.200 is hereby amended to read as follows:

      645C.200  1.  The commission shall:

      (a) Operate on the basis of a fiscal year beginning on July 1 and ending on June 30.

      (b) At the first meeting of each fiscal year, elect a president, vice president and secretary to serve for the ensuing year.

      (c) Hold at least two meetings each year, one in the southern part of the state and one in the northern part of the state, at times and places designated by the commission. When there is sufficient business, additional meetings of the commission may be held at the call of the president of the commission. Written notice of the time, place and purpose of each meeting must be given to each member at least 3 working days before the meeting.

      2.  [Each] While engaged in the business of the commission, each member of the commission is entitled to receive:

      (a) A salary of not more than [$60] $80 per day, as fixed by the commission ; [, while engaged in the business of the commission;] and

      (b) [Reimbursement of his actual expenses for subsistence, lodging and transportation, not to exceed the amount provided by law for state officers and employees generally, while traveling on the business of the commission.] A per diem allowance and travel expenses at a rate fixed by the commission. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 67.  NRS 647.040 is hereby amended to read as follows:

      647.040  1.  If any [material, goods, article or thing whatsoever shall be] personal property is advertised as having been lost or stolen, and the [same, or any material, goods, articles or things] property or any property answering to the description advertised, or any part [or portion thereof, shall then be in, or subsequently come into,] of it, is in the possession of any junk dealer [,] or comes into his possession, he shall immediately [give information thereof in writing to] notify the sheriff of the county [, or to the police commissioner] or the chief of police of the city or town in which [the junk dealer] he does business, [and state] stating when and from whom the [same] property was received.


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business, [and state] stating when and from whom the [same] property was received.

      2.  Any junk dealer who [shall receive or shall have] has in his possession any [goods, article or thing that has been lost, or shall be alleged or supposed to have been lost or stolen from the owner thereof,] personal property that is alleged to have been lost or stolen shall exhibit the [same] property on demand to any [member of the Nevada state police, the sheriff of the county or any of his deputies, or to any member of the police force,] police officer or constable, or other municipal or county official of the city, town or county in which the junk dealer does business, or to any person duly authorized in writing by any magistrate to inspect property in the possession of the junk dealer, [who shall exhibit such] if the person exhibits his authorization to the junk dealer.

      Sec. 68.  NRS 673.280 is hereby amended to read as follows:

      673.280  Any savings and loan association may invest its funds, or money in its custody, in the bonds of the Home Owners’ Loan Corporation or in the bonds of any Federal Home Loan Bank, or in consolidated Federal Home Loan Bank bonds, debentures or notes, or in farm loan bonds, consolidated farm loans bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, [as amended or supplemented,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as amended or supplemented, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, [as amended or supplemented,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as amended or supplemented.

      Sec. 69.  Section 15 of chapter 661, Statutes of Nevada 1987, at page 1589, is hereby amended to read as follows:

       Sec. 15.  1.  This section, sections 1 to 5, inclusive, 12 and 13 of this act become effective upon passage and approval.

       2.  Sections 6 to 11, inclusive, and 14 of this act become effective only upon the selection by the Federal Government of a site in Nevada for a superconducting super collider.

       3.  Sections 1 to [5, inclusive, 12 and 13] 14, inclusive, of this act expire by limitation on July 1, 1989, if Nevada is not selected as the site for a superconducting super collider.

      Sec. 70.  Section 61 of chapter 668, Statutes of Nevada 1989, at page 1554, is hereby amended to read as follows:

       Sec. 61.  1.  The terms of office of all members of the board of psychological examiners who are incumbent on the effective date of this act expire on that date.

       2.  The governor shall appoint [one] :

       (a) One board member to an initial term that ends on:

       [(a)] (1) July 1, 1990.

       [(b)] (2) July 1, 1991.

       [(c)] (3) July 1, 1992.


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       [(d)] (b) Two board members to initial terms that end on July 1, 1993.

       [(e) July 1, 1994.]

      Sec. 70.5.  Section 1 of chapter 95, Statutes of Nevada 1991, is hereby amended to read as follows:

       Section 1.  NRS 451.555 is hereby amended to read as follows:

       451.555  1.  Any person [who is at least 18 years of age] may:

       (a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;

       (b) Limit an anatomical gift to one or more of those purposes; or

       (c) Refuse to make an anatomical gift.

       2.  [An] Except as otherwise provided in subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor [cannot] :

       (a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state it has been so signed.

       (b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.

       3.  If the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.

       4.  If a document of gift is attached to or imprinted on a donor’s driver’s license or identification card, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license does not invalidate the anatomical gift.

       [4.] 5.  A document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.

       [5.] 6.  An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

       [6.  A]

       7.  Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:

       (a) A signed statement;

       (b) An oral statement made in the presence of two persons;

       (c) Any form of communication during a terminal illness or injury addressed to a physician; or


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ê1991 Statutes of Nevada, Page 498 (Chapter 228, AB 422)ê

 

       (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

       8.  Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:

       (a) A signed statement;

       (b) An oral statement made in the presence of two persons;

       (c) Any form of communication during a terminal illness or injury addressed to a physician; or

       (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

       9.  A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:

       (a) A signed statement;

       (b) An oral statement made in the presence of two persons;

       (c) Any form of communication during a terminal illness or injury addressed to a physician; or

       (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

       10.  The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection [6.

       8.] 7, 8 or 9.

       11.  An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death.

       [9.] 12.  A person may refuse to make an anatomical gift of his body or part by:

       (a) A writing signed in the same manner as a document of gift;

       (b) A statement attached to or imprinted on his driver’s license or identification card; or

       (c) Any other writing used to identify him as refusing to make an anatomical gift.

During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

       [10.] 13.  In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.

       [11.] 14.  In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection [9.] 12.

      Sec. 70.6.  Section 7 of chapter 128, Statutes of Nevada 1991, is hereby amended to read as follows:

       Sec. 7.  NRS 484.3795 is hereby amended to read as follows:


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       484.3795  1.  Any person who, while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood, or while under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. [Unless a person at the time he is so imprisoned:

       (a) Has been previously convicted of a felony other than:

             (1) One previous violation of this section; or

             (2) One previous violation of paragraph (c) of subsection 1 of NRS 484.3792; or

       (b) Has a history of violent criminal conduct which can be demonstrated,

he] A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and , insofar as practicable, be assigned to an institution or facility of minimum security . [or, if space is available, to an honor camp, restitution center or similar facility.]

       2.  No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in subsection 3, a sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

       3.  A person convicted of violating any provision of this section may be sentenced to a specified term of imprisonment in accordance with the provisions of subsection 1. The court may order suspension of the sentence if, as a condition of the suspension, the defendant:

       (a) Is imprisoned in the state prison, an institution of minimum security, [an honor] a conservation camp, a restitution center or a similar facility for not less than 1 year; and

       (b) Upon completion of the term of imprisonment, begins serving a period of probation not to exceed 10 years.

      Sec. 70.7.  Section 1 of Assembly Bill No. 156 of this session is hereby amended to read as follows:

       Section 1.  NRS 355.140 is hereby amended to read as follows:

       355.140  1.  In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:


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       (a) Bonds and certificates of the United States;

       (b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;

       (c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Federal Home Loan Bank Board or the Federal Home Loan Mortgage Corporation, whether or not guaranteed by the United States;

       (d) Bonds of this state or other states of the Union;

       (e) Bonds of any county of this state or of other states;

       (f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

       (g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over and above all other obligations of the districts;

       (h) Bonds of school districts within this state;

       (i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:

             (1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and

             (2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;

       (j) Short-term financing for counties, cities and school districts authorized pursuant to chapter 354 of NRS;

       (k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;

       (l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;

       (m) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations;


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       (n) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days’ maturity, and may not, in aggregate value, exceed [10] 20 percent of the total portfolio;

       (o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

             (1) Is purchased from a registered broker-dealer;

             (2) At the time of purchase has a remaining term to maturity of no more than 270 days; and

             (3) Is rated by a nationally recognized rating service as [“P-1,” “A-1”] “A-1,” “P-1” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed [25] 20 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible; and

       (p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:

             (1) Are purchased from a registered broker-dealer;

             (2) At the time of purchase have a remaining term to maturity of no more than 3 years; and

             (3) Are rated by a nationally recognized rating service as “A” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed [25] 20 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.

       2.  Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:

       (a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:

             (1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;

             (2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and

             (3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.

       (b) In all repurchase agreements:


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             (1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;

             (2) The state must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

             (I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;

             (II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;

             (III) Hold the securities separate from the assets of the custodian; and

             (IV) Report periodically to the state concerning the market value of the securities;

             (3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and value of the purchased securities must be marked to the market weekly;

             (4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and

             (5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.

       3.  As used in subsection 2:

       (a) “Counterparty” means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:

             (1) A registered broker-dealer;

             (2) Designated by the Federal Reserve Bank of New York as a “primary” dealer in United States government securities; and

             (3) In full compliance with all applicable capital requirements.

       (b) “Repurchase agreement” means a purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

       4.  No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or 616 of NRS.

      Sec. 70.8.  Section 1 of Assembly Bill No. 391 of this session is hereby amended to read as follows:

       Section 1.  NRS 616.427 is hereby amended to read as follows:

       616.427  Except as otherwise provided in NRS 616.428:

       1.  If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.


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

ê1991 Statutes of Nevada, Page 503 (Chapter 228, AB 422)ê

 

       2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.

       3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, no condition may be considered a “permanent physical impairment” unless it would support a rating of permanent impairment of [12] 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, 1986.

       4.  In order to qualify under this section for reimbursement from the subsequent injury fund, the insurer must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time that the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

       5.  An insurer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.

       6.  The director shall by regulation establish a procedure by which claims against the subsequent injury fund may be submitted and decisions made. The administrator shall notify the insurer of his decision on such a claim within 90 days after the claim is received.

       7.  An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

      Sec. 71.  NRS 21.116, 41.137, 354.59892, 453.036, 459.745 and 467.060 are hereby repealed.

      Sec. 72.  1.  The term of office of any member elected to a town board in:

      (a) November 1989 is 3 years and expires upon the election and qualification of the person chosen to succeed him at the general election in November 1992.

      (b) November 1991 is 3 years and expires upon the election and qualification of the person chosen to succeed him at the general election in November 1994.

      2.  If necessary to carry out the provisions of NRS 269.018 relating to staggered terms, the members of a town board, excluding any member described in subsection 1, shall draw lots as required by NRS 269.018. The drawing:

      (a) Must be conducted at the first meeting of the board held after January 5, 1992.

      (b) Must result, as nearly as possible, in the election of half of all the members of the board at each subsequent general election.


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

ê1991 Statutes of Nevada, Page 504 (Chapter 228, AB 422)ê

 

      Sec. 73.  1.  The amendatory provisions of section 65 of this act apply to the person appointed to succeed the member of the board of psychological examiners whose term expired on July 1, 1990.

      2.  The amendatory provisions of section 17.7 of this act apply retroactively to October 1, 1989. The legislature hereby declares that the change made by section 17.7 of this act is a clarification of existing law, and that the legislature did not intend by the passage of chapter 716, Statutes of Nevada 1989, to limit the right of a state agency to appeal an adverse decision in an administrative proceeding.

      Sec. 74.  1.  This section and sections 1 to 19, inclusive, sections 21 to 30, inclusive, sections 31.5 to 71, inclusive, and section 73 of this act become effective upon passage and approval.

      2.  Section 31 of this act becomes effective on July 1, 1991.

      3.  Sections 20 and 72 of this act become effective on January 1, 1992.

 

________

 

 

CHAPTER 229, AB 522

Assembly Bill No. 522–Assemblymen Norton and McGaughey

CHAPTER 229

AN ACT relating to liquefied petroleum gas; clarifying the role of the board for the regulation of liquefied petroleum gas as it relates to service to customers; and providing other matters properly relating thereto.

 

[Approved May 30, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 590.515 is hereby amended to read as follows:

      590.515  1.  In addition to any other regulations it is authorized or required to adopt, the board shall adopt such other regulations as are reasonably necessary for the [protection] :

      (a) Protection of the health, welfare and safety of the public and persons using liquefied petroleum gases [.] ;

      (b) Provision of reasonable and adequate service to those persons using liquefied petroleum gases; and

      (c) Regulation of the removal of a tank from a customer’s premises and the maximum time allowable between the request and the removal. The board shall consider the presence of fences or other physical impediments to the removal of the tank in determining reasonable exceptions to the time allowed for removal.

      2.  All regulations adopted by the board relating to safety must be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. The board shall adhere to the following conditions in this regard:

      (a) The regulations relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this state and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, containers, apparatus or appliances must be just and reasonable and must conform, as nearly as possible, to the standards of the National Fire Protection Association, relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.


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

ê1991 Statutes of Nevada, Page 505 (Chapter 229, AB 522)ê

 

nearly as possible, to the standards of the National Fire Protection Association, relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.

      (b) Before any regulations are adopted, the secretary of the board shall give at least 10 days’ notice to all applicants and licensees under NRS 590.465 to 590.645, inclusive, by mailing an accurate copy of the new, revised or amended regulations which the board proposes to adopt together with a written notice signed by the secretary. Any person affected is entitled to appear at the public hearing on the regulation in person and by counsel. A certificate reciting the adoption and the effective date must be signed by the members comprising a majority of the board. Within 10 days after the adoption of the regulation the secretary shall cause to be mailed to each applicant or licensee under NRS 590.465 to 590.645, inclusive, a true and correct copy of the regulation. A facsimile of any member’s signature may be used under this paragraph if authorized by the member.

      3.  In addition, the board shall adopt regulations which:

      (a) Provide for the board, through its staff, to:

             (1) Respond to inquiries and complaints from persons who use liquefied petroleum gas;

             (2) Assist persons who use liquefied petroleum gas in obtaining liquefied petroleum gas in an emergency; and

             (3) Facilitate the resolution of disputes between licensees and their customers.

The provisions of this paragraph do not impose a duty upon the board to provide financial assistance to any person.

      (b) Provide for [members of the board to act, individually or collectively, as hearing officers to mediate] the hearing and mediation of complaints filed by persons who use liquefied petroleum gas. Any such hearing must be open to the public, recorded on tape and prior notice thereof must be mailed by the board to any person who requests to receive notice of such hearings.

      [(b)] (c) Require each licensee to disclose uniformly information which the board determines is necessary to disseminate to the licensees’ customers and prospective customers. The board may adopt forms for such disclosures, but shall also require each licensee to post its rates and, upon request, disclose by telephone its applicable rates to existing and potential customers who so inquire.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 506ê

 

CHAPTER 230, AB 228

Assembly Bill No. 228–Assemblyman Marvel

CHAPTER 230

AN ACT relating to the Airport Authority of Lander County; renaming the authority the Airport Authority of Battle Mountain; authorizing the authority to enter into short-term financing; prohibiting the board of county commissioners of Lander County from unreasonably withholding its approval when such approval is required under the act; modifying the authority’s powers with respect to planning and zoning; revising the method of filling a vacancy on the board of trustees; and providing other matters properly relating thereto.

 

[Approved May 30, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1 of chapter 458, Statutes of Nevada 1983, at page 1208, is hereby amended to read as follows:

       Sec. 1.  This act may be cited as the Airport Authority Act for [Lander County.] Battle Mountain.

      Sec. 2.  Section 2 of chapter 458, Statutes of Nevada 1983, at page 1208, is hereby amended to read as follows:

       Sec. 2.  1.  The legislature finds that:

       (a) The airport of the town of Battle Mountain has traditionally been operated by the town as a municipal function and originally served primarily the residents of the town of Battle Mountain.

       (b) With the development of multiple contiguous communities, suburban living and rapid increases in recreational pursuits by the traveling public, the airport of the town of Battle Mountain is now serving the inhabitants of a large geographical area and ever-increasing numbers of tourists.

       (c) What was once a municipal airport in both name and fact is now a regional airport.

       (d) The financial problems of the airports have become more complex and administrative activities are required to be more responsive to the community at large and the directly paying airport tenants and users.

       (e) The town of Battle Mountain is unable to operate the airport effectively within the traditional framework of local government, evidencing the need to create a special governmental corporation to provide specific facilities and services to the public.

       (f) Development of the modern airport requires the expenditure of large sums of money for land acquisition and capital improvements not available to the town of Battle Mountain through the issuance of municipal securities secured by general obligation tax receipts.

       (g) Because of special circumstances and conditions a general law cannot be made applicable, and this special act will allow the tax burden to spread over the designated district in Lander County rather than coming to rest solely upon the principal municipality in the district.

       (h) This act will accommodate the expanding urban population patterns, provide adequate funding and establish the administrative machinery necessary to insure adequate air service to the region.


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

ê1991 Statutes of Nevada, Page 507 (Chapter 230, AB 228)ê

 

       2.  It is hereby declared as a matter of legislative determination that:

       (a) The organization of the Airport Authority of [Lander County] Battle Mountain having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating safe and convenient air travel and transport to and from the Lander County area.

       (b) The acquisition, operation and financing of an airport in Battle Mountain and related facilities by the Airport Authority of [Lander County] Battle Mountain is for a public and governmental purpose and a matter of public necessity.

       (c) The Airport Authority of [Lander County] Battle Mountain is a body corporate and politic and a quasi-municipal corporation, the geographical boundaries of which are in the designated district.

       (d) For the accomplishment of the purposes stated in this subsection, the provisions of this act must be broadly construed.

      Sec. 3.  Section 3 of chapter 458, Statutes of Nevada 1983, as amended by chapter 97, Statutes of Nevada 1985, at page 362, is hereby amended to read as follows:

       Sec. 3.  As used in this act:

       1.  “Airport” means any one or more airports or heliports and related facilities, including but not limited to land and interests in land, facilities for storage of aircraft and spacecraft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots and such other structures, facilities and improvements as are necessary or convenient to the development and maintenance of airports and heliports and for the promotion and accommodation of air and space travel, commerce and navigation.

       2.  “Authority” means the Airport Authority of [Lander County] Battle Mountain created pursuant to the provisions of this act.

       3.  “Board of trustees” and “board” each means the board of trustees of the authority.

       4.  “Carrier” means any person or corporation engaged in the air or space transportation of passengers or cargo.

       5.  “Designated district” means that portion of Lander County north of a line beginning at a point on the western boundary of Lander County where the township line common to T. 24 N. and T. 23 N., M.D.B. & M. crosses that boundary, thence running east to the range line common to R. 42 E. and R. 43 E., thence running north to the 40th parallel, thence running east to the eastern boundary of Lander County.

       6.  “Lander County” means the county created by and described in NRS 243.165.

      Sec. 4.  Section 4 of chapter 458, Statutes of Nevada 1983, at page 1209, is hereby amended to read as follows:

       Sec. 4.  1.  The Airport Authority of [Lander County] Battle Mountain is hereby created.

       2.  The property and revenues of the authority, or any interest therein, are exempt from all state, county and municipal taxation.


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

ê1991 Statutes of Nevada, Page 508 (Chapter 230, AB 228)ê

 

      Sec. 5.  Section 5 of chapter 458, Statutes of Nevada 1983, as amended by chapter 97, Statutes of Nevada 1985, at page 363, is hereby amended to read as follows:

       Sec. 5.  1.  The authority must be governed by a board of trustees composed of seven persons who are residents of the designated district.

       2.  After the initial terms, the trustees must be elected for terms of 4 years. The office of trustee is nonpartisan.

       3.  Within 60 days after the effective date of this act:

       (a) The board of county commissioners of Lander County shall appoint from the designated district four trustees to initial terms which expire when their successors are elected and qualified at the general election held in November of 1986.

       (b) The Lander County Fair and Recreation Board shall appoint from the designated district two trustees to initial terms which expire when their successors are elected and qualified in the general election held in November of 1984.

       (c) The Lander County School District shall appoint from the designated district one trustee to an initial term which expires when his successor is elected and qualified in the general election held in November of 1984.

       4.  [If] Except as otherwise provided in this subsection, if the office of any trustee becomes vacant, the [authority which appointed his initial predecessor shall] remaining trustees shall by majority vote appoint his successor for the unexpired term. The appointment must be made within 30 days after the occurrence of the vacancy. If the remaining trustees fail to make the appointment within that time, the board of county commissioners of Lander County shall make the appointment. The person appointed must have the same qualifications as are required of the trustee he succeeds.

      Sec. 6.  Section 10 of chapter 458, Statutes of Nevada 1983, at page 1210, is hereby amended to read as follows:

       Sec. 10.  The authority may do all things necessary to accomplish the purposes of this act. The authority may, by reason of example and not of limitation:

       1.  Have perpetual succession and sue and be sued.

       2.  Plan, establish, acquire, construct, improve and operate an airport within Lander County.

       3.  Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.

       4.  Sell, lease or otherwise dispose of any real property.

       5.  Acquire real property or any interest therein in areas most affected by aircraft noise for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.

       6.  Enter into agreements with Lander County and Battle Mountain to acquire, by lease, gift, purchase or otherwise, any airport of the county or municipality and to operate the airport.


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

ê1991 Statutes of Nevada, Page 509 (Chapter 230, AB 228)ê

 

       7.  Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a town of private property for public use to take any property necessary to the exercise of the powers granted, within the designated district in Lander County.

       8.  Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.

       9.  [Study and recommend to the board of county commissioners of Lander County and the town council of Battle Mountain zoning changes in the area of any airport operated by the authority with respect to height and aviation obstructions in order to enable the authority to meet the requirements of any Federal Aviation Administration regulations.] Prepare and adopt a comprehensive, long-term general plan for the physical development of all property owned and operated by the authority for submission to the board of county commissioners of Lander County. The authority may prepare and adopt for approval by the board of county commissioners of Lander County a comprehensive zoning plan of all property owned or operated by the authority. The zoning plan must be consistent with the requirements of chapter 497 of NRS and any applicable federal laws and regulations.

       10.  Have control of its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.

       11.  Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Lander County or Battle Mountain, with the consent of the county or municipality and subject to such terms and conditions as may be agreed upon.

       12.  Enter upon such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The authority is liable for actual damage done.

       13.  Provide its own fire protection, police and crash and rescue service.

       14.  Contract with carriers with regard to landings and the accommodations of the employees and passengers of such carriers.

       15.  Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the authority, as necessary or incidental to the operation of the airports.

       16.  Hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.

       17.  Adopt regulations governing vehicular traffic on its airports relating but not limited to speed restrictions, stopping, standing and parking, loading zones, turning movements and parking meters. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.


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

ê1991 Statutes of Nevada, Page 510 (Chapter 230, AB 228)ê

 

any person to do any act forbidden or fail to perform any act required in such regulations.

      Sec. 7.  Section 20 of chapter 458, Statutes of Nevada 1983, at page 1213, is hereby amended to read as follows:

       Sec. 20.  1.  The authority, upon the affirmative vote of five trustees and with the approval of the board of county commissioners of Lander County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, and to issue warrants and interim debentures to evidence the amount so borrowed.

       2.  The authority may enter into short-term financing in compliance with NRS 354.430 to 354.460, inclusive, and 354.618. The authority is not required to obtain the approval of the board of county commissioners of Lander County if the outstanding principal amount of the financing is $400,000 or less. The authority may enter into short-term financing in an amount in excess of $400,000 if the authority obtains the approval of the board of county commissioners of Lander County.

      Sec. 8.  Section 28 of chapter 458, Statutes of Nevada 1983, at page 1216, is hereby amended to read as follows:

       Sec. 28.  The approval of the board of county commissioners of Lander County required by [sections 12, 13 and 14 of] this act must not be unreasonably, capriciously or arbitrarily withheld.

      Sec. 9.  The title of chapter 458, Statutes of Nevada 1983, at page 1208, is hereby amended to read as follows:

AN ACT creating the Airport Authority of Battle Mountain; making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of Lander County to the authority; providing penalties; and providing other matters properly relating thereto.

 

________


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

ê1991 Statutes of Nevada, Page 511ê

 

CHAPTER 231, AB 165

Assembly Bill No. 165–Committee on Government Affairs

CHAPTER 231

AN ACT relating to the City of Henderson; authorizing the expansion of the municipal court; prohibiting certain employment by the mayor and councilmen; authorizing the city to lease residential property for a term of 1 year or less without the necessity of a resolution and publication of notice; and providing other matters properly relating thereto.

 

[Approved May 31, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1.060, 1.080 and 2.320 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 402, as amended in part, are hereby amended to read as follows:

       Sec. 1.060  Elective offices.

       1.  The elective officers of the city consist of:

       (a) A mayor.

       (b) Four councilmen.

       (c) [One municipal judge.] Municipal judges.

       2.  Such officers shall be elected as provided by this charter.

       Sec. 1.080  Mayor and councilmen not to hold other office.

       1.  The mayor and councilmen shall not:

       (a) Hold any other elective office with the State of Nevada or any of its political subdivisions [,] or any other employment with the city, except as provided by law , [or] as a member of a board or commission which is ancillary to the office which he holds [.] or as a member of the board of trustees of a county school district.

       (b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which [such person] he was elected.

       2.  Any person holding any office proscribed by subsection 1 [shall automatically forfeit] automatically forfeits his office as mayor or councilman.

       Sec. 2.320  Sale, lease, exchange of city-owned land: Procedure, disposition of proceeds.

       1.  Subject to the provisions of this section, the city may sell, lease or exchange real property in Clark County, Nevada, [heretofore or hereafter] acquired by the city pursuant to federal law from the United States of America.

       2.  Except as otherwise provided in subsection 3:

       (a) The city may sell, lease or exchange real property only by resolution. Following the adoption of a resolution to sell, lease or exchange, the city council shall cause a notice of its intention to sell, lease or exchange the real property to be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS [, as amended from time to time,] and published in the city. The notice must be published at least 30 days before the date set by the city council for the sale, lease or exchange, and must state:

 


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

ê1991 Statutes of Nevada, Page 512 (Chapter 231, AB 165)ê

 

least 30 days before the date set by the city council for the sale, lease or exchange, and must state:

       [(a)] (1) The date, time and place of the proposed sale, lease or exchange.

       [(b)] (2) The place where and the time within which applications and deposits may be made by prospective purchasers or lessees.

       [(c)] (3) Such other information as the city council desires.

       [3.] (b) Applications or offers to purchase, lease or exchange pursuant to the notice required in [subsection 2] paragraph (a) must be in writing, must not be accepted by the city council for consideration before the publication date, and must be accompanied by a deposit of not less than 1 percent of the total offer to purchase. If a lease, sale or exchange is not consummated, the deposit must be refunded.

       3.  The city council may waive the requirements of subsection 2 for any lease of residential property for a term of 1 year or less.

       4.  No lease for a term of 3 years or longer, or sale or exchange of real property, may be made until after the property has been appraised by one disinterested appraiser employed by the city council. All leases for a term longer than 3 years, or sales or exchanges, may only be made at or above the current appraised value as determined by the appraiser. For the purposes of this [section,] subsection, an appraisal is not considered current if it is more than 3 years old.

       5.  It must be the policy of the city council to lease, sell and exchange real property in a manner that will result in the maximum benefit accruing to the city from the sales, leases and exchanges. The city council may attach any condition to the sale, lease or exchange as appears to the city council to be in the best interests of the city.

       6.  The city council may sell unimproved real property owned by the city on a time payment basis. The down payment must be in an amount determined by the city council, and the interest rate must be in an amount determined by the city council, but must not be less than 6 percent per annum on the declining balance.

       7.  Notwithstanding the provisions of subsection 4, the city council may dispose of any real property belonging to the city to the United States of America, the State of Nevada, Clark County, any other political subdivision of the state, or any quasi-public or [non-profit] nonprofit entity for a nominal consideration whenever the public interest requires such a disposition. In any such case, the consideration paid must equal the cost of the acquisition to the city.

       8.  Proceeds from all sales and exchanges of city-owned real property, after deduction of the cost of the real property, reasonable costs of publication, title insurance, escrow and normal costs of sale, must be placed in the land fund previously created by the city in the city treasury and hereby continued. Except as otherwise provided in subsection 9, money in the land fund may be expended only for:

       (a) Acquisition of fixed assets, which means acquisition of assets of a long-term character which are intended to continue to be held or used, such as land, buildings, machinery, furniture and other equipment.

       (b) Capital improvements of improvements thereon.


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

ê1991 Statutes of Nevada, Page 513 (Chapter 231, AB 165)ê

 

       (c) Expenses incurred in the preparation of a long-term comprehensive master planning study and any expenses incurred in the master planning of the city.

       (d) All costs, including salaries, for administration of the land fund, and the land within the city.

       (e) Expenses incurred in making major improvements and repairs to the water, sewer and street systems as differentiated from normal maintenance costs.

Money received from leases of city-owned real property must be placed in the land fund if the term of lease is 20 years or longer, whether the 20 years is for an initial term of lease or for an initial term and any option for renewal. Money received by the city from all other leases and interest on time payment sales of city-owned real property must be apportioned in the ratio of 20 percent to current operational expenses of the city, 20 percent to the land fund, and 60 percent divided between the land fund and current operational expenses as determined by the council.

       9.  If available, money in the land fund may be borrowed by the city pursuant to the provisions of NRS 354.430 to 354.460, inclusive . [, as amended from time to time.]

      Sec. 2.  Chapter 266, Statutes of Nevada 1971, at page 402, is hereby amended by adding thereto a new section to be designated as section 4.015, immediately preceding section 4.020, to read as follows:

       Sec. 4.015  Municipal court.

       1.  There is a municipal court of the city which consists of at least one department. Each such department must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by chapters 5 and 266 of NRS which relate to municipal courts.

       2.  The city council may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.

       3.  At the first general election which follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of 2 or 4 years, as determined by the city council, in order to effectuate the intent of this provision that, as nearly as practicable, one-half of the number of municipal judges be elected every 2 years.

       4.  Each municipal judge must be voted upon by the registered voters of the city at large.

       5.  The respective departments of the municipal court must be numbered 1 through the appropriate arabic number, as additional departments are approved by the city council. A municipal judge must be elected for each department by number.

      Sec. 3.  Section 4.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 415, as last amended by chapter 208, Statutes of Nevada 1985, at page 674, is hereby amended to read as follows:

       Sec. 4.020  Municipal court: Residency requirement of municipal judge; salary.


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

ê1991 Statutes of Nevada, Page 514 (Chapter 231, AB 165)ê

 

       1.  [A] Each municipal judge must have been a resident of the city for a continuous 3-year period immediately preceding his election.

       2.  The salary of [the] each municipal judge must be fixed by the city council [.] and be uniform for all departments of the municipal court.

 

________

 

 

CHAPTER 232, AB 398

Assembly Bill No. 398–Committee on Ways and Means

CHAPTER 232

AN ACT making a supplemental appropriation to the state department of education for additional expenses; and providing other matters properly relating thereto.

 

[Approved May 31, 1991]

 

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 state department of education the sum of $11,156,824 for anticipated expenses of the state distributive school account created pursuant to NRS 387.030. This appropriation is supplemental to that made by section 4 of chapter 610, Statutes of Nevada 1989, at page 1344.

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

 

________

 

 

CHAPTER 233, AB 438

Assembly Bill No. 438–Committee on Ways and Means

CHAPTER 233

AN ACT making a supplemental appropriation to the state department of museums and history; and providing other matters properly relating thereto.

 

[Approved May 31, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the department of museums and history the sum of $92,800 to be allocated as follows:

      1.  To replace a shortfall in admissions receipts for the Nevada state museum in Carson City the sum of $88,000.

      2.  For expenses for utilities for the operation of the railroad depot in East Ely the sum of $4,800.

      Sec. 2.  The appropriation made by section 1 of this act is supplemental to that made by section 27 of chapter 611, Statutes of Nevada 1989, at page 1350.


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

ê1991 Statutes of Nevada, Page 515 (Chapter 233, AB 438)ê

 

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

 

________

 

 

CHAPTER 234, SB 39

Senate Bill No. 39–Committee on Commerce and Labor

CHAPTER 234

AN ACT relating to public utilities; authorizing the public service commission of Nevada to adopt by reference certain rates issued by an agency of the Federal Government or of another state; and providing other matters properly relating thereto.

 

[Approved May 31, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.215 is hereby amended to real as follows:

      704.215  The commission may adopt by reference all or part of any appropriate:

      1.  Rule , [or] regulation or rate related to telecommunications services issued by an agency of the Federal Government or of any state.

      2.  Regulation proposed by the National Association of Regulatory Utility Commissioners or code issued by a national or state professional society.

A copy of each such rule, regulation , rate schedule related to telecommunications services or code so adopted [shall] must be included with the regulations filed with the secretary of state.

 

________

 

 

CHAPTER 235, SB 196

Senate Bill No. 196–Committee on Commerce and Labor

CHAPTER 235

AN ACT relating to trade practices; requiring that a lease agreement with an option to purchase the leased property disclose certain information to the customer; providing for the reinstatement of such an agreement without the loss of any rights or options contained in the agreement under certain circumstances; requiring that an advertisement for such an agreement contain certain information; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 31, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires:

      1.  “Consummation” means the time at which a customer becomes contractually obligated under a lease agreement with an option to purchase.


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

ê1991 Statutes of Nevada, Page 516 (Chapter 235, SB 196)ê

 

      2.  “Customer” means a natural person who leases personal property which is to be used primarily for personal, family or household purposes pursuant to a lease agreement with an option to purchase.

      3.  “Lease agreement with an option to purchase” means an agreement:

      (a) For the possession and use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of not more than 4 months;

      (b) That is automatically renewable with each payment made after the initial period;

      (c) That does not obligate or require the customer to continue leasing or using the property beyond the initial period; and

      (d) That permits the customer to acquire the ownership of the property.

      4.  “Lessor” means a person who regularly provides the possession and use of property pursuant to a lease agreement with an option to purchase and to whom rental payments are initially payable as indicated on the face of the agreement.

      Sec. 3.  1.  A lease agreement with an option to purchase which complies with the provisions of sections 2 to 12, inclusive, of this act, is exempt from the provisions of law governing:

      (a) A security interest as defined in NRS 104.1201.

      (b) A door-to-door sale as defined in NRS 598.180.

      (c) The sale of consumer goods as defined in NRS 104.9109.

      2.  The provisions of sections 2 to 12, inclusive, of this act, do not apply to:

      (a) A lease agreement with an option to purchase entered into primarily for business, commercial or agricultural purposes.

      (b) A lease agreement with an option to purchase made with any governmental agency.

      (c) The lease of a safe deposit box.

      (d) The lease or bailment of personal property which is incidental to the lease of real property and which does not provide the customer with an option to purchase the leased property.

      (e) The lease of a motor vehicle.

      Sec. 4.  1.  Except as otherwise provided in subsection 2, a lease agreement with an option to purchase must contain the following disclosures, if applicable:

      (a) The total number and total amount of all payments which are necessary to acquire ownership of the leased property, and the dates on which those payments are due.

      (b) A statement that the customer will not own the leased property until he makes all of the payments necessary to acquire ownership.

      (c) A statement that the customer is responsible for the fair market value of the leased property if it is lost, stolen, damaged or destroyed.

      (d) A brief description of the leased property which is sufficient to identify the property to the customer and lessor, including:

             (1) The identification number of the property, if available; and

             (2) A statement indicating whether the property is new or used. It is not a violation of this section to indicate that new property is used.

      (e) A brief description of any damage to the leased property.


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

ê1991 Statutes of Nevada, Page 517 (Chapter 235, SB 196)ê

 

      (f) A statement of the price at which the lessor will sell the leased property to the customer for cash on the date of the agreement. If at least five items are leased as a set in a single agreement, the aggregate price of all of the items leased may be indicated.

      (g) The total amount of the payments required to be paid at or before the consummation of the agreement or the delivery of the leased property, whichever is later.

      (h) A statement that the total amount of all payments required to be paid does not include other fees which may be charged.

      (i) A statement of all other fees which may be charged, including, but not limited to, fees for:

             (1) The failure to make timely payments.

             (2) Defaulting on the agreement.

             (3) Reinstating the agreement.

             (4) Returning the leased property to the lessor.

      (j) A summary of the terms of the customer’s option to purchase the leased property, including a statement that the customer has the right to purchase the leased property at any time before the termination of the lease, and the price at which the property may be so purchased.

      (k) A statement identifying the person who is responsible for maintaining and servicing the property while it is being leased, and a description of that responsibility.

      (l) A statement that if any part of the manufacturer’s express warranty covers the leased property when the customer acquires ownership of the property, it will be transferred to the customer if allowed by the terms of the warranty.

      (m) The date of the transaction and the names of the customer and lessor.

      (n) A statement that the customer may terminate the agreement without penalty by voluntarily surrendering or returning the leased property in good repair at the expiration of the term of the lease, and paying any rental payments that are past due.

      (o) A notice of the customer’s right to reinstate the agreement pursuant to section 8 of this act.

      2.  A lessor is not required to comply with the provisions of this section if the transaction is governed by Part E of the Consumer Credit Protection Act, 15 U.S.C. §§ 1667 to 1667e, inclusive, and the lessor complies with the requirements of those sections and the regulations adopted pursuant thereto.

      3.  The lessor shall provide the customer with a copy of the lease agreement with an option to purchase.

      Sec. 5.  1.  The disclosures required to be made by section 4 of this act must be made:

      (a) At or before the consummation of the lease agreement with an option to purchase; and

      (b) Clearly and conspicuously in writing on the face of the agreement, directly above the line for the customer’s signature.

      2.  In a transaction involving more than one lessor, only one lessor is required to make the required disclosures, but all lessors are bound by those disclosures.


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

ê1991 Statutes of Nevada, Page 518 (Chapter 235, SB 196)ê

 

      3.  If a disclosure becomes inaccurate after it is delivered to the customer because of an act or omission of the customer, the resulting inaccuracy is not a violation of the provisions of sections 2 to 12, inclusive, of this act.

      Sec. 6.  1.  The disclosures required by section 4 of this act:

      (a) Must be made if a lease agreement with an option to purchase is renegotiated.

      (b) Are not required to be made if such an agreement is extended.

      2.  For the purposes of this section, a lease agreement with an option to purchase:

      (a) Is renegotiated if it is replaced by a new agreement entered into by the same customer and lessor.

      (b) Has not been renegotiated if:

             (1) The leased property is exchanged or added to or individual items are returned and the average payment is not changed by more than 25 percent;

             (2) One or more of the periodic payments or portions of a periodic payment are deferred or extended;

             (3) Any additional fees charged are reduced; or

             (4) It is the subject of a judicial proceeding.

      Sec. 7.  A lease agreement with an option to purchase may not contain:

      1.  A confession of judgment.

      2.  A negotiable instrument.

      3.  A security interest or any other claim to an interest in property other than the property delivered by the lessor pursuant to the agreement.

      4.  An assignment of wages.

      5.  A waiver by the customer of any claims or defenses.

      6.  A provision authorizing the lessor, or any other person acting on his behalf, to commit any breach of the peace, in order to repossess the leased property.

      Sec. 8.  1.  A customer who fails to make a timely payment may reinstate the lease agreement with an option to purchase without losing any rights or options contained in the agreement if he pays to the lessor:

      (a) All payments that are past due;

      (b) The reasonable costs of returning the property to the lessor and redelivering it to the customer, if the leased property has been returned to the lessor; and

      (c) Any applicable fee for making a late payment.

      2.  The payments required to be made by subsection 1 must be made within:

      (a) Five days after the date for renewing the agreement if the customer’s payments are required to be made monthly; or

      (b) Two days after the date for renewing the agreement if the customer’s payments are required to be made more frequently.

      3.  If a customer has paid less than two-thirds of the total amount of the payments necessary to acquire ownership of the leased property and, during the time set forth in subsection 2, returns or voluntarily surrenders the property to the lessor, other than pursuant to a judicial order, the customer may reinstate the agreement within 21 days after the date on which the property was returned.


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

ê1991 Statutes of Nevada, Page 519 (Chapter 235, SB 196)ê

 

      4.  If a customer has paid at least two-thirds of the total amount of the payments necessary to acquire ownership of the leased property and, during the time set forth in subsection 2, returns or voluntarily surrenders the property to the lessor, other than pursuant to a judicial order, the customer may reinstate the agreement within 45 days after the date on which the property was returned.

      5.  This section does not prohibit a lessor from repossessing the leased property during the time allowed for reinstatement. If the lessor repossesses the leased property during that time:

      (a) The repossession does not affect the customer’s right to reinstate the agreement.

      (b) The lessor shall return the property to the customer or provide him with property which is of comparable quality and in comparable condition if the agreement is reinstated.

      Sec. 9.  A lessor shall give to a customer a written receipt for each payment made in cash or with a money order.

      Sec. 10.  1.  An advertisement for a lease agreement with an option to purchase that refers to or states the amount of any required payment and the right to acquire ownership of any individual item of property must clearly and conspicuously indicate:

      (a) That the transaction advertised is a lease agreement with an option to purchase;

      (b) The total amount of payments necessary to acquire ownership of the property; and

      (c) That the customer does not acquire ownership of the property if the total amount of payments is not paid.

      2.  This section does not apply to an advertisement for a lease agreement with an option to purchase which is published in a telephone or business directory.

      3.  This section does not create any liability for the acts of a publisher, owner, agent or employee of a newspaper, magazine, periodical, radio station, television station or other advertising medium for the publication or dissemination of an advertisement for a lease agreement with an option to purchase if the publisher, owner, agent or employee did not know that the advertisement violated the provisions of this section.

      4.  As used in this section, “advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into a lease agreement with an option to purchase.

      Sec. 11.  A person who willfully and intentionally violates any provision of sections 2 to 10, inclusive, of this act, is guilty of a misdemeanor.

      Sec. 12.  Unless the lease agreement with an option to purchase provides otherwise:

      1.  In addition to any penalty imposed pursuant to section 11 of this act, the lessor or his assignee is liable, except as otherwise provided in subsection 3, in civil suit to the customer for an amount equal to the actual damages resulting from a violation of a provision of sections 2 to 12, inclusive, of this act or 25 percent of the total cost to acquire ownership of the property under the lease agreement, whichever amount is greater. The court shall award the prevailing party in such an action attorney’s fees and his costs of the action.


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

ê1991 Statutes of Nevada, Page 520 (Chapter 235, SB 196)ê

 

      2.  If the lessor commences a civil suit to enforce such a lease agreement, the customer may set off or counterclaim damages in the amount specified in subsection 1 for such a violation.

      3.  Such a civil penalty may not be imposed upon a lessor or his assignee unless:

      (a) The customer has notified the lessor or, if applicable, his assignee in writing of the alleged violation; and

      (b) The lessor or assignee does not correct the violation, if any, within 30 days after receiving the notice.

 

________

 

 

CHAPTER 236, SB 360

Senate Bill No. 360–Committee on Natural Resources

CHAPTER 236

AN ACT relating to water; requiring certain suppliers of water to adopt plans of water conservation; requiring certain counties and cities to adopt ordinances concerning the plan; requiring the public service commission of Nevada to consider the efficient use of water resources when reviewing proposals for the construction or expansion of plants for the generation of power; directing the adoptions of plans to provide incentives for the use of certain equipment and xeriscape; and providing other matters properly relating thereto.

 

[Approved May 31, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 540 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 through 4 of this act.

      Sec. 2.  As used in sections 2.5, 3 and 4 of this act, “supplier of water” includes, but is not limited to:

      1.  Any county, city, town, local improvement district, general improvement district and water conservancy district;

      2.  Any water district, water system, water project or water planning and advisory board created by a special act of the legislature; and

      3.  Any other public or private entity,

that supplies water for municipal, industrial or domestic purposes. The term does not include a public utility required to adopt a plan of water conservation pursuant to section 6 of this act.

      Sec. 2.5.  1.  Except as otherwise provided in subsection 5, each supplier of water which supplies water for municipal, industrial or domestic purposes shall, on or before July 1, 1992, adopt a plan of water conservation based on the climate and the living conditions of its service area in accordance with the provisions of section 3 of this act. The provisions of the plan must apply only to the supplier’s property and its customers. The supplier of water may request assistance from the division to develop the plan.

      2.  As part of the procedure of adopting a plan, the supplier of water shall provide an opportunity for any interested person, including, but not limited to, any private or public entity that supplies water for municipal, industrial or domestic purposes, to submit written views and recommendations on the plan.


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

ê1991 Statutes of Nevada, Page 521 (Chapter 236, SB 360)ê

 

to, any private or public entity that supplies water for municipal, industrial or domestic purposes, to submit written views and recommendations on the plan.

      3.  The plan must be reviewed by the division within 30 days after its submission and approved for compliance with this section before it is adopted by the supplier of water.

      4.  The plan:

      (a) Must be available for inspection by members of the public during office hours at the offices of the supplier of water; and

      (b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be made available for inspection by members of the public.

      5.  Suppliers of water:

      (a) Who are required to adopt a plan of water conservation pursuant to this section; and

      (b) Whose service areas are located in a common geographical area,

may adopt joint plans of water conservation based on the climate and living conditions of that common geographical area. Such a plan must comply with the requirements of this section and section 3 of this act.

      6.  The board of county commissioners of a county, the governing body of a city and the town board or board of county commissioners having jurisdiction of the affairs of a town shall:

      (a) Adopt any ordinances necessary to carry out a plan of conservation adopted pursuant to this section which applies to property within its jurisdiction;

      (b) Establish a schedule of fines for the violation of any ordinances adopted pursuant to this subsection; and

      (c) Hire such employees as it deems necessary to enforce the provisions of any ordinances it adopts pursuant to this subsection.

      Sec. 3.  1.  A plan or joint plan of water conservation submitted to the division for review must include provisions relating to:

      (a) Methods of public education to:

             (1) Increase public awareness of the limited supply of water in this state and the need to conserve water.

             (2) Encourage reduction in the size of lawns and encourage the use of plants that are adapted to arid and semiarid climates.

      (b) Specific conservation measures required to meet the needs of the service area, including, but not limited to, any conservation measures required by law.

      (c) The management of water to:

             (1) Identify and reduce leakage in water supplies, inaccuracies in water meters and high pressure in water supplies; and

             (2) Increase the reuse of effluent.

      (d) A contingency plan for drought conditions that ensures a supply of potable water.

      (e) A schedule for carrying out the plan.

      (f) Measures to evaluate the effectiveness of the plan.

      2.  A plan or joint plan submitted for review must be accompanied by an analysis of the feasibility of charging variable rates for the use of water to encourage the conservation of water.


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

ê1991 Statutes of Nevada, Page 522 (Chapter 236, SB 360)ê

 

      3.  The division shall review any plan or joint plan submitted to it within 30 days after its submission and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.

      4.  The administrator may exempt wholesale water purveyors from the provisions of this section which do not reasonably apply to wholesale supply.

      Sec. 4.  1.  Except as otherwise provided in subsection 5, each supplier of water which supplies water for municipal, industrial or domestic purposes shall adopt a plan to provide incentives:

      (a) To encourage water conservation in its service area;

      (b) To retrofit existing structures with plumbing fixtures designed to conserve the use of water; and

      (c) For the installation of landscaping that uses a minimal amount of water.

The supplier of water may request assistance from the division to develop the plan.

      2.  As part of the procedure of adopting a plan, the supplier of water shall provide an opportunity for any interested person to submit written views and recommendations on the plan.

      3.  The supplier of water shall file a copy of the plan with the division for informational purposes.

      4.  The plan:

      (a) Must be available for inspection by members of the public during office hours at the offices of the supplier of water; and

      (b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be made available for inspection by members of the public.

      5.  Suppliers of water:

      (a) Who are required to adopt a plan for incentives pursuant to this section; and

      (b) Whose service areas are located in a common geographical area,

may adopt joint plans.

      Sec. 5.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 7.5 of this act.

      Sec. 6.  1.  Except as otherwise provided in subsection 5, each public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes shall adopt a plan of water conservation based on the climate and the living conditions in its service area in accordance with the provisions of section 7 of this act. The provisions of the plan must only apply to the public utility’s property and its customers.

      2.  As part of the procedure of adopting a plan, the public utility shall provide an opportunity for any interested party, including, but not limited to, any private or public entity that supplies water for municipal, industrial or domestic purposes, to submit written views and recommendations on the plan.

      3.  Except as otherwise provided in subsection 6, the plan:

      (a) Must be available for inspection by members of the public during office hours at the office of the public utility; and

      (b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be filed with the commission and made available for inspection by members of the public within 30 days after its adoption.


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

ê1991 Statutes of Nevada, Page 523 (Chapter 236, SB 360)ê

 

commission and made available for inspection by members of the public within 30 days after its adoption.

      4.  The plan must be submitted to the commission on or before July 1, 1992. The commission shall review the plan for compliance with this section within 30 days after its submission. The plan must be approved by the commission before it is put into effect.

      5.  In lieu of adopting a plan pursuant to subsection 1, a public utility which is subject to the provisions of NRS 704.095 may elect to comply with a plan of water conservation adopted by the commission for this purpose.

      6.  If the public utility is required by order of the commission to file a management plan for water resources, the public utility may adopt and file the plan of water conservation with the commission at the same time it is required to file the management plan for water resources.

      Sec. 7.  1.  A plan of water conservation submitted to the commission for approval must include provisions relating to:

      (a) Methods of public education to:

             (1) Increase public awareness of the limited supply of water in this state and the need to conserve water.

             (2) Encourage reduction in the size of lawns and encourage the use of plants that are adapted to arid and semiarid climates.

      (b) Specific conservation measures required to meet the needs of the service area, including, but not limited to, any conservation measures required by law.

      (c) The management of water to:

             (1) Identify and reduce leakage in water supplies, inaccuracies in water meters and high pressure in water supplies; and

             (2) Increase the reuse of effluent.

      (d) A contingency plan for drought conditions that ensures a supply of potable water.

      (e) A schedule for carrying out the plan.

      (f) Measures to evaluate the effectiveness of the plan.

      2.  A plan submitted for approval must be accompanied by an analysis of the feasibility of charging variable rates for the use of water to encourage the conservation of water.

      3.  The commission shall review any plan submitted to it and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.

      Sec. 7.5.  1.  Each public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes shall, on or before July 1, 1992, adopt a plan to provide incentives:

      (a) To encourage water conservation in its service area;

      (b) To retrofit existing structures with plumbing fixtures designed to conserve the use of water; and

      (c) For the installation of landscaping that uses a minimal amount of water.

      2.  As part of the procedure of adopting a plan, the public utility shall provide an opportunity for any interested person to submit written views and recommendations on the plan.

      3.  The plan:


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

ê1991 Statutes of Nevada, Page 524 (Chapter 236, SB 360)ê

 

      (a) Must be available for inspection by members of the public during office hours at the office of the public utility; and

      (b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be filed with the commission and made available for inspection by members of the public within 30 days after its adoption.

      4.  The commission shall review the plan for compliance with this section within 30 days after its submission. The plan must be approved by the commission before it is put into effect.

      Sec. 8.  NRS 704.746 is hereby amended to read as follows:

      704.746  1.  Not more than 60 days after a utility has filed its plan, the commission shall convene a public hearing on the adequacy of the plan.

      2.  At the hearing any interested person may make comments to the commission regarding the contents and adequacy of the plan.

      3.  After the hearing the commission shall determine whether:

      (a) The forecast requirements of the utility are based on substantially accurate data and an adequate method of forecasting.

      (b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.

      (c) The plan adequately demonstrates the economic, environmental and other benefits to this state and to the customers of the utility, associated with the following possible measures and sources of supply:

             (1) Improvements in energy efficiency;

             (2) Pooling of power;

             (3) Purchases of power from neighboring states or countries;

             (4) Facilities that operate on solar or geothermal energy or wind;

             (5) Facilities that operate on the principle of cogeneration or hydrogeneration; and

             (6) Other generation facilities.

      [(d)] 4.  The commission may give preference to the measures and sources of supply set forth in paragraph (c) of subsection 3 that:

             [(1)] (a) Provide the greatest economic and environmental benefits to the state;

             [(2)] (b) Are consistent with the provisions of this section; and

             [(3)] (c) Provide levels of service that are adequate and reliable.

      5.  The commission shall [adopt] :

      (a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply [.] ; and

      (b) Consider the value to the public of using water efficiently when it is determining those preferences.

      Sec. 9.  A plan of water conservation required to be adopted by:

      1.  Section 2 of this act must be adopted before July 1, 1992.

      2.  Sections 6 of this act must be adopted and filed with the public service commission of Nevada before July 1, 1992.

 

________


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

ê1991 Statutes of Nevada, Page 525ê

 

CHAPTER 237, SB 471

Senate Bill No. 471–Committee on Transportation

CHAPTER 237

AN ACT relating to motor vehicles; revising various provisions relating to the sale of salvage vehicles; clarifying a provision relating to the licensure of an out-of-state automobile wrecker; and providing other matters properly relating thereto.

 

[Approved May 31, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 487.060 is hereby amended to read as follows:

      487.060  1.  No license may be issued to an automobile wrecker until he has procured and filed with the department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant conducts his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.050 to 487.190, inclusive. The department may, by agreement with any automobile wrecker who has been licensed [by the department] for 5 years or more [,] by the department or a department of motor vehicles in another state, reduce the amount of the bond of the wrecker, if the business of that wrecker has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000. The department shall make the necessary investigation to determine whether a wrecker licensed in another state has conducted its business satisfactorily.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.050 to 487.160, inclusive, may bring an action on the bond.

      4.  In lieu of a bond an automobile wrecker may deposit with the department, under the terms prescribed by the department:

      (a) A like amount of money or bonds 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 of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be released upon receipt of:

      (a) A court order requiring the director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person in whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.


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

ê1991 Statutes of Nevada, Page 526 (Chapter 237, SB 471)ê

 

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.

      Sec. 2.  NRS 487.110 is hereby amended to read as follows:

      487.110  1.  [Whenever] Except as otherwise provided in subsection 2, whenever a vehicle subject to registration is sold as salvage as a result of a total loss insurance settlement, the insurance company or its authorized agent shall [, within 10 days after settlement of the loss with its insured,] forward the endorsed ownership certificate or other evidence of title to the state agency [.] within 30 days after receipt thereof.

      2.  The insurance company or its authorized agent may sell the vehicle with the properly endorsed ownership certificate or other evidence of title if the total loss settlement resulted from the theft of the vehicle and the vehicle, when recovered, was not damaged to the extent that it was required to be rebuilt.

      3.  Upon sale of the salvage vehicle the insurance company shall issue a bill of sale of salvage to the purchaser on a form to be prescribed and supplied by the state agency. The state agency shall accept the bill of sale of salvage in lieu of the ownership certificate or other evidence of title when accompanied by an appropriate application or other documents and fees.

      [3.] 4.  When the salvage vehicle is rebuilt and to be restored to operation, the vehicle may not be licensed for operation or the ownership thereof transferred until there is submitted to the state agency with the prescribed bill of sale of salvage an appropriate application, other documents and fees required, and a certificate of inspection signed by an employee of the state agency attesting to its mechanical fitness and safety.

      [4.] 5.  When a total loss insurance settlement between the insurance company and its insured results in the retention of the salvage vehicle by the insured, the insurance company or its authorized agent shall, within [10] 30 days after the date of settlement, notify the state agency of the retention by its insured upon a form to be supplied by the state agency.


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

ê1991 Statutes of Nevada, Page 527 (Chapter 237, SB 471)ê

 

      Sec. 3.  NRS 487.400 is hereby amended to read as follows:

      487.400  As used in NRS 487.400 to 487.510, inclusive, “salvage pool” means a business which obtains motor vehicles from [insurers for resale or] :

      1.  Insurers and self-insurers for sale on consignment or as an agent for the insurer [,] or self-insurer if the vehicles are acquired by the insurer or self-insurer as the result of a settlement for insurance [for the total loss of the vehicle.] ; or

      2.  Licensed vehicle dealers, rebuilders, lessors or wreckers for sale on consignment.

      Sec. 4.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 238, SB 382

Senate Bill No. 382–Senator Jacobsen

CHAPTER 238

AN ACT relating to unemployment compensation; prohibiting the charging of unemployment benefits paid to a claimant against the record of the claimant’s employer if the spouse of the claimant is in the military and the transfer of the spouse is the cause of unemployment; and providing other matters properly relating thereto.

 

[Approved June 3, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 612.551 is hereby amended to read as follows:

      612.551  1.  Except as otherwise provided in subsection 2, when the department has determined that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.

      2.  Benefits paid pursuant to an elected base period following a period of temporary total disability as provided in section 1 of this act must not be charged against the employer’s record for experience rating.

      3.  If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the executive director that the claimant [left] :

      (a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment, the executive director may order that the benefits not be charged against the employer’s record for experience rating.

      (b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location, the executive director shall order that the benefits not be charged against the employer’s record for experience rating.

      4.  The employer may appeal the ruling of the executive director as to the cause of the termination of the claimant’s employment in the same manner as appeals may be taken from determinations relating to claims for benefits.


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

ê1991 Statutes of Nevada, Page 528 (Chapter 238, SB 382)ê

 

      5.  No determination made pursuant to this section constitutes a basis for disqualifying a claimant to receive benefits.

      Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 239, SB 205

Senate Bill No. 205–Senators Titus, Vergiels, Adler, Coffin, Cook, Getto, Glomb, Horn, Nevin, O’Donnell, Raggio, Rawson, Shaffer, Smith, Townsend and Tyler

CHAPTER 239

AN ACT relating to legislators; prohibiting a legislator from receiving an honorarium; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 3, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A member of the legislature shall not accept or receive an honorarium.

      2.  An honorarium paid on behalf of a legislator to a charitable organization from which the legislator does not derive any financial benefit is deemed not to be accepted or received by the legislator for the purposes of this section.

      3.  As used in this section, “honorarium” means the payment of money or anything of value for an appearance or speech by the legislator in his capacity as a legislator. The term does not include the payment of:

      (a) The actual and necessary costs incurred by the legislator, his spouse or his aid for transportation and for lodging and meals while the legislator is away from his residence.

      (b) Compensation which would otherwise have been earned by the legislator in the normal course of his employment or profession.

      (c) A fee for a speech related to the legislator’s profession or occupation outside of his legislative service if:

             (1) Other members of the profession or occupation are ordinarily compensated for such a speech; and

             (2) The fee paid to the legislator is approximately the same as the fee that would be paid to a nonlegislator whose qualifications are similar to those of the legislator for a comparable speech.

      (d) A fee for a speech delivered to an organization of legislatures, legislators or other elected officials.

      4.  A legislator who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, forfeits the amount of the honorarium.

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

 

________


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

ê1991 Statutes of Nevada, Page 529ê

 

CHAPTER 240, SB 304

Senate Bill No. 304–Committee on Human Resources and Facilities

CHAPTER 240

AN ACT relating to displaced homemakers; providing for the establishment of centers for displaced homemakers throughout the state; imposing a fee for the commencement of an action for divorce in certain counties; and providing other matters properly relating thereto.

 

[Approved June 4, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 388.625 is hereby amended to read as follows:

      388.625  1.  The board shall, to the extent that money is available, establish in a county whose population is [400,000] 100,000 or more, a center to provide services for displaced homemakers . [and]

      2.  The board may, to the extent that money is available:

      (a) Establish a center to provide services for displaced homemakers in a county whose population is less than 100,000; and

      (b) Establish regional centers which provide services for displaced homemakers in two or more counties whose populations are less than 100,000.

      3.  The board may, with the approval of the director, enter into contracts with public or nonprofit private organizations to provide the various services [.] required at the centers established pursuant to subsections 1 and 2.

      [2.] 4.  All gifts and grants of money received for the purposes of NRS 388.605 to 388.655, inclusive, must be deposited in the same account in the state general fund as money deposited pursuant to subsection 2 of NRS 19.033.

      [3.] 5.  All claims must be approved by the director before they are paid.

      Sec. 2.  NRS 19.033 is hereby amended to read as follows:

      19.033  1.  In [a county whose population is 400,000 or more,] each county, on the commencement of any action for divorce in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of $15. The fee must be paid by the party commencing the action.

      2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by him pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state treasurer, who shall place the money in an account in the state general fund for use by the director of the state job training office or, if the office is abolished by executive order, a person appointed by the governor who has experience in training persons to obtain and maintain employment, to administer the provisions of NRS 388.605 to 388.655, inclusive.

      3.  The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $5 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:


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

ê1991 Statutes of Nevada, Page 530 (Chapter 240, SB 304)ê

 

      (a) On the appearance of a defendant in the action in the district court, the county clerk, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.

      (b) On or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).

 

________

 

 

CHAPTER 241, AB 35

Assembly Bill No. 35–Committee on Judiciary

CHAPTER 241

AN ACT relating to justices’ courts; increasing prospectively the length of the term of office of a justice of the peace; and providing other matters properly relating thereto.

 

[Approved June 4, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 4.025 is hereby amended to read as follows:

      4.025  1.  The term of office of justices of the peace is [4] 6 years. Each term begins on the [1st] first Monday of the January next after the appropriate general election.

      2.  If the board of county commissioners alters the boundaries of a township so that the proper number of justices of the peace within the township is increased or diminished, the board shall provide an effective date for the alteration such that the number of justices of the peace elected from each township at each general election remains as nearly equal as may be.

      Sec. 2.  The amendatory provisions of this act do not extend:

      1.  The current term of office of a justice of the peace elected before October 1, 1991; or

      2.  The term of office of a person appointed or elected pursuant to NRS 4.150 to fill a vacancy in the office of such a justice of the peace.

 

________


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

ê1991 Statutes of Nevada, Page 531ê

 

CHAPTER 242, AB 244

Assembly Bill No. 244–Assemblymen Bergevin, Myrna Williams, Callister, Marvel, Lambert, Dini and Price

CHAPTER 242

AN ACT relating to taxation; revising the definition of “agricultural real property” and “agricultural use” for certain purposes relating to property tax; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361A.020 is hereby amended to read as follows:

      361A.020  1.  “Agricultural real property” means:

      (a) Land devoted exclusively for at least 3 consecutive years immediately preceding the assessment date to [:

             (1) Agricultural use; or

             (2) Activities which prepare the land for agricultural use.] agricultural use.

      (b) Land leased by the owner to another person for agricultural use and composed of any lot or parcel which:

             (1) Includes at least 7 acres of land devoted to accepted agricultural practices; or

             (2) Is contiguous to other agricultural real property owned by the lessee.

      (c) Land covered by a residence or necessary to support the residence if it is part of a qualified agricultural parcel.

      2.  The term does not include any land with respect to which the owner has granted and has outstanding any lease or option to buy the surface rights for other than agricultural use, except leases for the exploration of geothermal resources as defined in NRS 361.027, mineral resources or other subsurface resources, or options to purchase such resources, if such exploration does not interfere with the agricultural use of the land.

      3.  As used in this section, “accepted agricultural practices” means a mode of operation that is common to farms or ranches of a similar nature, necessary for the operation of such farms or ranches to obtain a profit in money and customarily utilized in conjunction with agricultural use.

      Sec. 2.  NRS 361A.030 is hereby amended to read as follows:

      361A.030  1.  “Agricultural use” means the current employment of real property as a business venture for profit, which business produced a minimum gross income of [$2,500] $5,000 from agricultural pursuits during the immediately preceding calendar year by:

      (a) Raising, harvesting and selling crops, fruit, flowers, timber and other products of the soil;

      (b) Feeding, breeding management and sale of livestock, poultry, [furbearing animals or honeybees,] or the product thereof [; or] , if the real property used therefor is owned or leased by the operator and is of sufficient size and capacity to produce more than one-half of the feed required during that year for the agricultural pursuit;


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

ê1991 Statutes of Nevada, Page 532 (Chapter 242, AB 244)ê

 

      (c) Operating a feed lot consisting of at least 50 head of cattle or an equivalent number of animal units of sheep or hogs, for the production of food;

      (d) Raising furbearing animals or bees;

      (e) Dairying and the sale of dairy products [.] ; or

      (f) Any other use determined by the department to constitute agricultural use if such use is verified by the department.

The term includes every process and step necessary and incident to the preparation and storage of the products raised on such property for human or animal consumption or for marketing except actual market locations.

      2.  As used in this section, “current employment” of real property in agricultural use includes:

      (a) Land lying fallow for 1 year as a normal and regular requirement of good agricultural husbandry; and

      (b) Land planted in orchards or other perennials prior to maturity.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 243, AB 171

Assembly Bill No. 171–Committee on Government Affairs

CHAPTER 243

AN ACT relating to water projects, requiring the administrator of the health division of the department of human resources, or a person he designates, to serve ex officio as a nonvoting member of the board for financing water projects; requiring the board to request the administrator to comment on any proposed water projects which affect drinking water; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.957 is hereby amended to read as follows:

      349.957  1.  The board for financing water projects is hereby created. The board consists of one ex officio member and five members appointed by the governor.

      2.  The governor shall appoint:

      (a) Four persons who are:

             (1) Residents of this state; and

             (2) Knowledgeable and experienced in the fields of planning and the development and reclamation of water resources.

      (b) One person who is a resident of this state and knowledgeable in the field of municipal finance.

      3.  The administrator of the health division of the department of human resources, or a person he designates, shall serve ex officio as a nonvoting member of the board.

      4.  Not more than three voting members of the board may be members of the same political party and not more than two may be residents of the same county.


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

ê1991 Statutes of Nevada, Page 533 (Chapter 243, AB 171)ê

 

      Sec. 2.  NRS 349.958 is hereby amended to read as follows:

      349.958  1.  Each voting member of the board is entitled to receive a salary of not more than $80 per day, as fixed by the board, for his services while actually engaged in the performance of his duties as a member of the board.

      2.  While engaged in the business of the board, each voting member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 3.  NRS 349.959 is hereby amended to read as follows:

      349.959  The board shall:

      1.  At its first meeting and annually thereafter elect a chairman from among its voting members.

      2.  Meet regularly at least once in each calendar quarter and at other times upon the call of the chairman.

      Sec. 4.  NRS 349.961 is hereby amended to read as follows:

      349.961  1.  When any municipality or other obligor desires to undertake a water project it may present its preliminary plan to the board for approval. If the proposed water project affects drinking water, the board shall request the administrator of the health division of the department of human resources to submit comments and recommendations regarding the project. The board shall analyze the potential yield of the water project, and may tentatively approve it if it will preserve or increase the water available for beneficial use in this state.

      2.  If the board, after a public hearing on the issue, tentatively approves the water project, the municipality or other obligor may proceed to prepare a final plan and submit it for final approval. If the board finally approves the water project, the cost of the final plan may be included in the cost of the water project. If the board does not finally approve the water project, the director may, within the limits of money available for this purpose in the fund for the financing of water projects, reimburse a municipality for the costs incurred after the tentative approval.

 

________

 

 

CHAPTER 244, AB 425

Assembly Bill No. 425–Committee on Judiciary

CHAPTER 244

AN ACT relating to gaming; making various changes concerning the determination of the gross revenue of gaming licensees; providing a credit for prepaid license fees for certain corporations and partnerships; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.3715 is hereby amended to read as follows:


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

ê1991 Statutes of Nevada, Page 534 (Chapter 244, AB 425)ê

 

      463.3715  1.  In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets [which] that are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager and the amount of cash paid to purchase an annuity to fund winnings paid to that patron over several years by an independent financial institution, must not be deducted as losses from winnings at any game except a slot machine.

      2.  In calculating gross revenue from slot machines, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, but not travel expenses, food, refreshments, lodging or services.

      3.  In calculating gross revenue from bingo, a licensee who provides a patron with additional play at bingo as a result of an initial wager may deduct as losses from winnings all money or tokens paid directly to that patron as a result of such additional play.

      Sec. 2.  NRS 463.386 is hereby amended to read as follows:

      463.386  1.  If the commission approves the issuance of a license for gaming operations at the same location, or locations if the license is for the operation of a slot machine route, within 30 days following a change described in subsection 2, for the purposes of NRS 463.370 and 463.373 to 463.3855, inclusive, the gaming license shall be deemed transferred and the previously licensed operation shall be deemed a continuing operation.

      2.  Credit must be granted for prepaid license fees as described in subsection 1 if:

      (a) The securities of a corporate gaming licensee are or become publicly held or publicly traded and the gaming operations of that corporation are transferred to a wholly owned subsidiary corporation;

      (b) A corporate gaming licensee is merged with another corporation which is the surviving entity and at least 80 percent of the surviving entity is owned by shareholders of the former licensee;

      (c) A corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of the parent corporation, at least 80 percent of which is owned by the parent corporation, becomes the gaming licensee;

      (d) A corporate gaming licensee or a gaming licensee which is a partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership is the surviving entity;

      (e) The assets of a gaming licensee who is a sole proprietorship are transferred to a corporation and at least 80 percent of the stock of the corporation is held by the former sole proprietor;

      (f) A corporate gaming licensee is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the stock of the former corporation;

      (g) [Where a] A licensed gaming partnership is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the former partnership interests; [or

      (h) Where the]


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

ê1991 Statutes of Nevada, Page 535 (Chapter 244, AB 425)ê

 

      (h) The assets of a gaming licensee who is a sole proprietorship are transferred to a partnership in which 80 percent of the ownership of the partnership interests are held by the former sole proprietor [.] ;

      (i) A licensed gaming partnership is dissolved and the assets of the gaming establishment are transferred to a corporation, at least 80 percent of the stock of which is held by the former partnership interests; or

      (j) A licensed gaming partnership is dissolved or reorganized and the assets of the gaming establishment are transferred to a partnership, at least 80 percent of the ownership of which is held by the former partnership interests.

      3.  Except as otherwise provided in this section, no credit or refund of fees or taxes may be made because a gaming establishment ceases operation.

 

________

 

 

CHAPTER 245, AB 221

Assembly Bill No. 221–Committee on Judiciary

CHAPTER 245

AN ACT relating to property; enacting the Uniform Common-Interest Ownership Act; appropriately modifying chapters 117 and 278A of NRS as they remain in effect for condominiums and planned unit developments created before the effective date of this act; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 128, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Uniform Common-Interest Ownership Act.

      Sec. 3.  Applicability of this chapter is governed by sections 47 to 54, inclusive, of this act.

      Sec. 4.  In the declaration and bylaws (section 87 of this act), unless specifically provided otherwise or the context otherwise requires, and in this chapter, the words and terms defined in sections 5 to 36, inclusive, of this act have the meaning ascribed to them in those sections.

      Sec. 5.  1.  “Affiliate of a declarant” means any person who controls, is controlled by or is under common control with a declarant.

      2.  A person “controls” a declarant if the person:

      (a) Is a general partner, officer, director or employer of the declarant;

      (b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote or holds proxies representing, more than 20 percent of the voting interest in the declarant;

      (c) Controls in any manner the election of a majority of the directors of the declarant; or

      (d) Has contributed more than 20 percent of the capital of the declarant.


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

ê1991 Statutes of Nevada, Page 536 (Chapter 245, AB 221)ê

 

      3.  A person “is controlled by” a declarant if the declarant:

      (a) Is a general partner, officer, director or employer of the person;

      (b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote or holds proxies representing, more than 20 percent of the voting interest in the person;

      (c) Controls in any manner the election of a majority of the directors of the person; or

      (d) Has contributed more than 20 percent of the capital of the person.

      4.  Control does not exist if the powers described in this section are held solely as security for an obligation and are not exercised.

      Sec. 6.  “Allocated interests” means the following interests allocated to each unit:

      1.  In a condominium, the undivided interest in the common elements, the liability for common expenses, and votes in the association;

      2.  In a cooperative, the liability for common expenses and the ownership and votes in the association; and

      3.  In a planned community, the liability for common expenses and votes in the association.

      Sec. 7.  “Association” or “unit-owners’ association” means the unit-owners’ association organized under section 80 of this act.

      Sec. 8.  “Common elements” means:

      1.  In a condominium or cooperative, all portions of the common-interest community other than the units, including easements in favor of units or the common elements over other units;

      2.  In a planned community, any real estate within a planned community owned or leased by the association, other than a unit; and

      3.  All real and personal property owned or leased by the association.

      Sec. 9.  “Common expenses” means expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.

      Sec. 10.  “Common-interest community” means real estate with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for real estate other than that unit. “Ownership of a unit” does not include holding a leasehold interest of less than 20 years in a unit, including options to renew.

      Sec. 11.  “Condominium” means a common-interest community in which portions of the real estate are designated for separate ownership and the remainder of the real estate is designated for common ownership solely by the owners of those portions. A common-interest community is not a condominium unless the undivided interests in the common elements are vested in the units’ owners.

      Sec. 12.  “Converted building” means a building that at any time before creation of the common-interest community was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.

      Sec. 13.  “Cooperative” means a common-interest community in which the real estate is owned by an association, each of whose members is entitled by virtue of his ownership in the association to exclusive possession of a unit.


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      Sec. 14.  “Dealer” means a person in the business of selling units for his own account.

      Sec. 15.  “Declarant” means any person or group of persons acting in concert who:

      1.  As part of a common promotional plan, offers to dispose of his or its interest in a unit not previously disposed of; or

      2.  Reserves or succeeds to any special declarant’s right.

      Sec. 16.  “Declaration” means any instruments, however denominated, that create a common-interest community, including any amendments to those instruments.

      Sec. 17.  “Developmental rights” means any right or combination of rights reserved by a declarant in the declaration to:

      1.  Add real estate to a common-interest community;

      2.  Create units, common elements or limited common elements within a common-interest community;

      3.  Subdivide units or convert units into common elements; or

      4.  Withdraw real estate from a common-interest community.

      Sec. 18.  “Dispose” or “disposition” means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but the term does not include the transfer or release of a security interest.

      Sec. 19.  “Executive board” means the body, regardless of name, designated in the declaration to act on behalf of the association.

      Sec. 20.  “Identifying number” means a symbol or address that identifies only one unit in a common-interest community.

      Sec. 21.  “Leasehold common-interest community” means a common-interest community in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the common-interest community or reduce its size.

      Sec. 22.  “Liability for common expenses” means the liability for common expenses allocated to each unit pursuant to section 61 of this act.

      Sec. 23.  “Limited common element” means a portion of the common elements allocated by the declaration or by operation of subsection 2 or 4 of section 56 of this act for the exclusive use of one or more but fewer than all of the units.

      Sec. 24.  “Master association” means an organization described in section 77 of this act, whether or not it is also an association described in section 80 of this act.

      Sec. 25.  “Offering” means any advertisement, inducement, solicitation or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a common-interest community not located in this state, is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the common-interest community is located. The verb “offer” has a similar meaning.

      Sec. 26.  “Person” includes a government and governmental subdivision or agency.


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      Sec. 26.5.  “Plan” means those items set forth in subsection 4 of section 63 of this act, including drawings of improvements which are filed with agencies which issue permits but do not need to be recorded.

      Sec. 27.  “Planned community” means a common-interest community that is not a condominium or a cooperative. A condominium or cooperative may be part of a planned community.

      Sec. 27.5.  “Plat” means a map created in accordance with subsection 2 of section 63 of this act and chapter 278 or 278A of NRS which is recorded in the office of the county recorder of the county in which the real property is situated.

      Sec. 28.  “Proprietary lease” means an agreement with the association pursuant to which a member is entitled to exclusive possession of a unit in a cooperative.

      Sec. 29.  “Purchaser” means a person, other than a declarant or a dealer, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than a leasehold interest (including options to renew) of less than 20 years, or as security for an obligation.

      Sec. 30.  “Real estate” means any leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interests that by custom, usage or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. “Real estate” includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.

      Sec. 31.  “Residential use’ means use as a dwelling or for personal, family or household purposes by ordinary customers, whether rented to particular persons or not. Such uses include marina boat slips, stable or agricultural stalls or pens, campground spaces or plots, parking spaces or garage spaces, storage spaces or lockers and garden plots for individual use, but do not include spaces or units primarily used to derive commercial income from, or provide service to, the public.

      Sec. 32.  “Security interest” means an interest in real estate or personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association and any other consensual lien or contract for retention of title intended as security for an obligation.

      Sec. 33.  “Special declarant’s rights” means rights reserved for the benefit of a declarant to:

      1.  Complete improvements indicated on plats and plans or in the declaration (section 63 of this act) or, in a cooperative, to complete improvements described in the public offering statement pursuant to subsection 2 of section 110 of this act;

      2.  Exercise any developmental right (section 64 of this act);

      3.  Maintain sales offices, management offices, signs advertising the common-interest community and models (section 69 of this act);

      4.  Use easements through the common elements for the purpose of making improvements within the common-interest community or within real estate which may be added to the common-interest community (section 70 of this act);

 


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which may be added to the common-interest community (section 70 of this act);

      5.  Make the common-interest community subject to a master association (section 77 of this act);

      6.  Merge or consolidate a common-interest community with another common-interest community of the same form of ownership (section 78 of this act); or

      7.  Appoint or remove any officer of the association or any master association or any member of an executive board during any period of declarant’s control (subsection 4 of section 82 of this act).

      Sec. 34.  “Time share” means the right to use and occupy a unit on a recurrent periodic basis according to an arrangement allocating this right among various owners of time shares whether or not there is an additional charge to the owner for occupying the unit.

      Sec. 35.  “Unit” means a physical portion of the common-interest community designated for separate ownership or occupancy, the boundaries of which are described pursuant to paragraph (e) of subsection 1 of section 59 of this act. If a unit in a cooperative is owned by the unit’s owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by the unit’s owner, the interest in that unit which is owned, sold, conveyed, encumbered or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association’s interest in that unit is not thereby affected.

      Sec. 36.  “Unit’s owner” means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold common-interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common-interest community, but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person. In a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated (section 61 of this act) until that unit has been conveyed to another person.

      Sec. 37.  Except as expressly provided in this chapter, its provisions may not be varied by agreement, and rights conferred by it may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.

      Sec. 38.  1.  In a cooperative, unless the declaration provides that the interest of a unit’s owner in a unit and its allocated interests is real estate for all purposes, that interest is personal property.

      2.  In a condominium or planned community:

      (a) If there is any unit’s owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.

      (b) If there is any unit’s owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no developmental rights.


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      3.  Any portion of the common elements for which the declarant has reserved any development right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.

      4.  If there is no unit’s owner other than a declarant, the real estate comprising the common-interest community may be taxed and assessed in any manner provided by law.

      Sec. 39.  1.  A building code may not impose any requirement upon any structure in a common-interest community which it would not impose upon a physically identical development under a different form of ownership.

      2.  In condominiums and cooperatives, no zoning, subdivision or other law, ordinance or regulation governing the use of real estate may prohibit the condominium or cooperative as a form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.

      3.  Except as otherwise provided in subsections 1 and 2, the provisions of this chapter do not invalidate or modify any provision of any building code or zoning, subdivision or other law, ordinance, rule or regulation governing the use of real estate.

      Sec. 40.  1.  If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit’s owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit’s owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit’s allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.

      2.  Except as otherwise provided in subsection 1, if part of a unit is acquired by eminent domain, the award must compensate the unit’s owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides:

      (a) That unit’s allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and

      (b) The portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.

      3.  If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.


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      4.  The judicial decree must be recorded in every county in which any portion of the common-interest community is located.

      Sec. 41.  The principles of law and equity, including the law of corporations, the law of unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.

      Sec. 42.  1.  This chapter being a general act intended as a unified coverage of its subject matter, no part of it may be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.

      2.  This chapter must be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

      Sec. 43.  1.  The court, upon finding as a matter of law that a contract or clause of a contract was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause to avoid an unconscionable result.

      2.  Whenever it is claimed, or appears to the court, that a contract or any clause of a contract is or may be unconscionable, the parties, to aid the court in making the determination, must be afforded a reasonable opportunity to present evidence as to:

      (a) The commercial setting of the negotiations; and

      (b) The effect and purpose of the contract or clause.

      Sec. 44.  Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.

      Sec. 45.  1.  The remedies provided by this chapter must be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Consequential, special or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.

      2.  Any right or obligation declared by this chapter is enforceable by judicial proceeding.

      Sec. 46.  1.  From time to time the dollar amounts specified in sections 49 and 108 of this act must change, as provided in subsections (b) and (c), according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: U.S. City Average, All Items 1967 = 100, compiled by the Bureau of Labor Statistics, United States Department of Labor, (the “Index”). The Index for December 1982-1984 is the Reference Base Index.

      2.  The dollar amounts specified in sections 49 and 108 of this act, and any amount stated in the declaration pursuant to those sections, must change on July 1 of each year if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is 10 percent or more, but:


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      (a) The portion of the percentage change in the Index in excess of a multiple of 10 percent must be disregarded and the dollar amounts must change only in multiples of 10 percent of the amounts appearing in this chapter on the date of enactment;

      (b) The dollar amounts must not change if the amounts required by this section are those currently in effect pursuant to this chapter as a result of earlier application of this section; and

      (c) In no event may the dollar amounts be reduced below the amounts appearing in this chapter on the date of enactment.

      3.  If the Index is revised after December 1979, the percentage of change pursuant to this section must be calculated on the basis of the revised Index. If the revision of the Index changes the Reference Base Index, a revised Reference Base Index must be determined by multiplying the Reference Base Index then applicable by the rebasing factor furnished by the Bureau of Labor Statistics. If the Index is superseded, the index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for consumers.

      Sec. 47.  Except as otherwise provided in sections 48 and 49 of this act, this chapter applies to all common-interest communities created within this state on or after January 1, 1992. The provisions of chapters 117 and 278A of NRS do not apply to common-interest communities created on or after January 1, 1992.

      Sec. 48.  If a cooperative contains only units restricted to nonresidential use, or contains no more than 12 units and is not subject to any developmental rights, it is subject only to sections 39 and 40 of this act unless the declaration provides that the entire chapter is applicable.

      Sec. 49.  If a planned community:

      1.  Contains no more than 12 units and is not subject to any developmental rights; or

      2.  Provides, in its declaration, that the annual average liability for common expenses of all units restricted to residential purposes, exclusive of optional users’ fees and any insurance premiums paid by the association, may not exceed $500, as adjusted pursuant to section 46 of this act,

it is subject only to sections 38, 39 and 40 of this act unless the declaration provides that this entire chapter is applicable.

      Sec. 50.  Except as otherwise provided in section 51 of this act, sections 38, 39, 40, 57, 58, 78, paragraphs (a) to (f), inclusive, and (k) to (r), inclusive, of subsection 1 of section 81, sections 92, 100 to 104, inclusive, 106, 117 and 125 of this act, and sections 5 to 36, inclusive, of this act to the extent necessary in construing any of those sections, apply to all common-interest communities created in this state before January 1, 1992; but those sections apply only with respect to events and circumstances occurring on or after January 1, 1992, and do not invalidate existing provisions of the declaration, bylaws, or plats or plans of those common-interest communities.

      Sec. 51.  If a cooperative or planned community created within this state before January 1, 1992, contains no more than 12 units and is not subject to any developmental rights, it is subject only to sections 38, 39 and 40 of this act unless the declaration is amended in conformity with applicable law and with the procedures and requirements of the declaration to take advantage of the provisions of section 52 of this act, in which case all the sections enumerated in section 50 of this act apply to that cooperative or planned community.


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the provisions of section 52 of this act, in which case all the sections enumerated in section 50 of this act apply to that cooperative or planned community.

      Sec. 52.  1.  In the case of amendments to the declaration, bylaws or plats and plans of any common-interest community created before January 1, 1992:

      (a) If the result accomplished by the amendment was permitted by law before January 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and

      (b) If the result accomplished by the amendment is permitted by this chapter, and was not permitted by law before January 1, 1992, the amendment may be made under this chapter.

      2.  An amendment to the declaration, bylaws or plats and plans authorized by this section to be made under this chapter must be adopted in conformity with the applicable provisions of chapter 117 or 278A of NRS and with the procedures and requirements specified by those instruments. If an amendment grants to any person any rights, powers or privileges permitted by this chapter, all correlative obligations, liabilities and restrictions in this chapter also apply to that person.

      Sec. 53.  This chapter does not apply to a planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that the chapter does apply to that planned community. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted, only if the declaration so provides or the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.

      Sec. 54.  This chapter does not apply to common-interest communities or units located outside this state, but the provisions governing public offering statements (sections 106 to 113, inclusive, of this act) apply to all contracts for the disposition thereof signed in this state by any party unless exempt under subsection 2 of section 108 of this act.

      Sec. 55.  A common-interest community may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be recorded in every county in which any portion of the common-interest community is located and must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of each person executing the declaration.

      Sec. 56.  Except as otherwise provided by the declaration:

      1.  If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.

      2.  If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.


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common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

      3.  Subject to subsection 2, all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.

      4.  Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, pads and mounts for heating and air-conditioning systems, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit’s boundaries, are limited common elements allocated exclusively to that unit.

      Sec. 57.  1.  All provisions of the declaration and bylaws are severable.

      2.  The rule against perpetuities and NRS 111.103 to 111.1039, inclusive, do not apply to defeat any provision of the declaration, bylaws, rules or regulations adopted pursuant to section 81 of this act.

      3.  In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.

      4.  Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.

      Sec. 58.  A description of unit which set forth the name of the common-interest community, the file number and book where the declaration is recorded, the county in which the common-interest community is located and the identifying number of the unit, is a legally sufficient description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws.

      Sec. 59.  1.  The declaration must contain:

      (a) The names of the common-interest community and the association and a statement that the common-interest community is either a condominium, cooperative or planned community;

      (b) The name of every county in which any part of the common-interest community is situated;

      (c) A legally sufficient description of the real estate included in the common-interest community;

      (d) A statement of the maximum number of units that the declarant reserves the right to create;

      (e) In a condominium or planned community, a description of the boundaries of each unit created by the declaration, including the unit’s identifying number or, in a cooperative, a description, which may be by plats or plans, of each unit created by the declaration, including the unit’s identifying number, its size or number of rooms, and its location within a building if it is within a building containing more than one unit;

      (f) A description of any limited common elements, other than those specified in subsections 2 and 4 of section 56 of this act, as provided in paragraph (j) of subsection 2 of section 63 of this act and, in a planned community, any real estate that is or must become common elements;


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      (g) A description of any real estate, except real estate subject to developmental rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in subsections 2 and 4 of section 56 of this act, together with a statement that they may be so allocated;

      (h) A description of any developmental rights (section 17 of this act) and other special declarant’s rights (section 33 of this act) reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time within which each of those rights must be exercised;

      (i) If any developmental right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with:

             (1) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each developmental right or a statement that no assurances are made in those regards; and

             (2) A statement whether, if any developmental right is exercised in any portion of the real estate subject to that developmental right, that developmental right must be exercised in all or in any other portion of the remainder of that real estate;

      (j) Any other conditions or limitations under which the rights described in paragraph (h) may be exercised or will lapse;

      (k) An allocation to each unit of the allocated interests in the manner described in section 61 of this act;

      (l) Any restrictions:

             (1) On use, occupancy and alienation of the units; and

             (2) On the amount for which a unit may be sold or on the amount that may be received by a unit’s owner on sale, condemnation or casualty to the unit or to the common-interest community, or on termination of the common-interest community;

      (m) The recording data where easements and licenses are recorded appurtenant to or included in the common-interest community or to which any portion of the common-interest community is or may become subject by virtue of a reservation in the declaration; and

      (n) All matters required by sections 60, 61, 62, 63, 69, 70 and subsection 4 of section 82 of this act.

      2.  The declaration may contain any other matters the declarant considers appropriate.

      Sec. 60.  1.  Any lease the expiration or termination of which may terminate the common-interest community or reduce its size must be recorded. Every lessor of those leases in a condominium or planned community shall sign the declaration. The declaration must state:

      (a) The recording data where the lease is recorded;

      (b) The date on which the lease is scheduled to expire;

      (c) A legally sufficient description of the real estate subject to the lease;

      (d) Any right of the units’ owners to redeem the reversion and the manner whereby those rights maybe exercised, or a statement that they do not have those rights;


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ê1991 Statutes of Nevada, Page 546 (Chapter 245, AB 221)ê

 

      (e) Any right of the units’ owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and

      (f) Any rights of the units’ owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.

      2.  After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor’s successor in interest may terminate the leasehold interest of a unit’s owner who makes timely payment of his share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. The leasehold interest of a unit’s owner in a condominium or planned community is not affected by failure of any other person to pay rent or fulfill any other covenant.

      3.  Acquisition of the leasehold interest of any unit’s owner by the owner of the reversion or remainder does not merge the leasehold and freehold interests unless the leasehold interests of all units’ owners subject to that reversion or remainder are acquired.

      4.  If the expiration or termination of a lease decreases the number of units in a common-interest community, the allocated interests must be reallocated in accordance with subsection 1 of section 40 of this act as if those units had been taken by eminent domain. Reallocations must be confirmed by an amendment to the declaration prepared, executed and recorded by the association.

      Sec. 61.  1.  The declaration must allocate to each unit:

      (a) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association (section 99 of this act) and a portion of the votes in the association;

      (b) In a cooperative, a proportionate ownership in the association, a fraction or percentage of the common expenses of the association (section 99 of this act) and a portion of the votes in the association; and

      (c) In a planned community, a fraction or percentage of the common expenses of the association (section 99 of this act) and a portion of the votes in the association.

      2.  The declaration must state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.

      3.  If units may be added to or withdrawn from the common-interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common-interest community after the addition or withdrawal.

      4.  The declaration may provide:

      (a) That different allocations of votes are made to the units on particular matters specified in the declaration;

      (b) For cumulative voting only for the purpose of electing members of the executive board; and

      (c) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.

Except as otherwise provided in section 82 of this act, a declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant.


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imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant.

      5.  Except for minor variations because of rounding, the sum of the liabilities for common expenses and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

      6.  In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.

      7.  In a cooperative, any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.

      Sec. 62.  1.  Except for the limited common elements described in subsections 2 and 4 of section 56 of this act, the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the units’ owners whose units are affected.

      2.  Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the units’ owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment must be recorded in the names of the parties and the common-interest community.

      3.  A common element not previously allocated as a limited common element may be so allocated only pursuant to provisions in the declaration made in accordance with paragraph (g) of subsection 1 of section 59 of this act. The allocations must be made by amendments to the declaration.

      Sec. 63.  1.  Plats and plans are a part of the declaration, and are required for all common-interest communities except cooperatives. Separate plats and plans are not required by this chapter if all the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible and contain a certification that the plat or plan contains all information required by this section.

      2.  Each plat must show:

      (a) The name and a survey of the area which is the subject of the plat;

      (b) The approximate location and approximate dimensions of all real estate not subject to developmental rights, or subject only to the developmental right to withdraw, and the location and dimensions of all existing improvements within that real estate;

      (c) A legally sufficient description of any real estate subject to developmental rights, labeled to identify the rights applicable to each parcel;

      (d) The extent of any encroachments by or upon any portion of the common-interest community;

      (e) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the common-interest community;


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ê1991 Statutes of Nevada, Page 548 (Chapter 245, AB 221)ê

 

      (f) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection 4 and that unit’s identifying number;

      (g) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection 4 and that unit’s identifying number;

      (h) A legally sufficient description of any real estate in which the units’ owners will own only an estate for years, labeled as “leasehold real estate”;

      (i) The distance between noncontiguous parcels of real estate comprising the common-interest community;

      (j) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections 2 and 4 of section 56 of this act; and

      (k) In the case of real estate not subject to developmental rights, all other matters customarily shown on land surveys.

      3.  A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common-interest community. Any contemplated improvement shown must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.”

      4.  To the extent not shown or projected on the plats, plans of the units must show or project:

      (a) The location and dimensions of the vertical boundaries of each unit, and that unit’s identifying number;

      (b) Any horizontal unit boundaries, with reference to an established datum, and that unit’s identifying number; and

      (c) Any units in which the declarant has reserved the right to create additional units or common elements (paragraph 8 of subsection 1 of section 59 of this act), identified appropriately.

      5.  Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and plans.

      6.  Upon exercising any developmental right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections 1, 2 and 4 or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.

      7.  A declarant shall provide a general schematic plan of the planned unit development comprising its common-interest community with its initial phase of development. The declarant shall revise the plan with each subsequent phase.

      8.  Each plat must be certified by an independent professional land surveyor. Each plan must be certified by an independent professional engineer or architect.

      Sec. 64.  1.  To exercise any developmental right reserved under paragraph (h) of subsection 1 of section 59 of this act, the declarant shall prepare, execute and record an amendment to the declaration (section 71 of this act) and in a condominium or planned community comply with section 63 of this act.


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ê1991 Statutes of Nevada, Page 549 (Chapter 245, AB 221)ê

 

act. The declarant is the owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection 2, reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by section 62 of this act.

      2.  Developmental rights may be reserved within any real estate added to the common-interest community if the amendment adding that real estate includes all matters required by section 59 or 60 of this act, as the case may be, and, in a condominium or planned community, the plats and plans include all matters required by section 63 of this act. This provision does not extend the time limit on the exercise of developmental rights imposed by the declaration pursuant to paragraph (h) of subsection 1 of section 59 of this act.

      3.  Whenever a declarant exercises a developmental right to subdivide or convert a unit previously created into additional units, common elements, or both:

      (a) If the declarant converts the unit entirely to common elements, the amendment to the declaration must convey it to the association or reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain (section 40 of this act); and

      (b) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.

      4.  If the declaration provides, pursuant to paragraph (h) of subsection 1 of section 59 of this act, that all or a portion of the real estate is subject to a right of withdrawal:

      (a) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and

      (b) If any portion is subject to withdrawal, it may not be withdrawn after a unit in that portion has been conveyed to a purchaser.

      Sec. 65.  Subject to the provisions of the declaration and other provisions of law, a unit’s owner:

      1.  May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common-interest community;

      2.  May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the common-interest community, without permission of the association; and

      3.  After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common-interest community.


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ê1991 Statutes of Nevada, Page 550 (Chapter 245, AB 221)ê

 

support of any portion of the common-interest community. Removal of partitions or creation of apertures under this subsection is not an alteration of boundaries.

      Sec. 66.  1.  Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved and states the reallocations. The amendment must be executed by those units’ owners, contain words of conveyance between them, and, on recordation, be indexed in the name of the grantor and the grantee, and in the grantee’s index in the name of the association.

      2.  The association:

      (a) In a condominium or planned community shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers; and

      (b) In a cooperative shall prepare and record amendments to the declaration, including any plans, necessary to show or describe the altered boundaries between adjoining units, and their dimensions and identifying numbers.

      Sec. 67.  1.  If the declaration expressly so permits, a unit may be subdivided into 2 or more units. Subject to the provisions of the declaration and other provisions of law, upon application of the unit’s owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including in a condominium or planned community the plats and plans, subdividing that unit.

      2.  The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.

      Sec. 68.  The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit’s owner of liability in case of his willful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats and plans or, in a cooperative, to any representation in the public offering statement.

      Sec. 69.  A declarant may maintain offices for sales and management, and models in units or on common elements in the common-interest community only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location and relocation thereof. In a cooperative or condominium, any office for sales or management or model not designated a unit by the declaration is a common element. If a declarant ceases to be a unit’s owner, he ceases to have any rights with regard thereto unless it is removed promptly from the common-interest community in accordance with a right to remove reserved in the declaration.


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ê1991 Statutes of Nevada, Page 551 (Chapter 245, AB 221)ê

 

unit’s owner, he ceases to have any rights with regard thereto unless it is removed promptly from the common-interest community in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the common-interest community. This section is subject to the provisions of other state law and to local ordinances.

      Sec. 70.  1.  Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary to discharge the declarant’s obligations or exercise special declarant’s rights, whether arising under this chapter or reserved in the declaration.

      2.  In a planned community, subject to the provisions of paragraph (f) of subsection 1 of section 81 and section 93 of this act, the units’ owners have an easement:

      (a) In the common elements for purposes of access to their units; and

      (b) To use the common elements and all real estate that must become common elements (paragraph (f) of subsection 1 of section 59 of this act) for all other purposes.

      Sec. 71.  1.  Except in cases of amendments that may be executed by a declarant under section 63 or 64 of this act or by the association under section 40 or 60, subsection 3 of section 62, or section 67 of this act, or by certain units’ owners under subsection 2 of section 62 or section 66 or 72 of this act, and except as limited by subsection 4, the declaration, including any plats and plans, may be amended only by vote or agreement of units’ owners of units to which at least a majority of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

      2.  No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.

      3.  Every amendment to the declaration must be recorded in every county in which any portion of the common-interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to section 66 of this act, must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of the parties executing the amendment.

      4.  Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant’s rights, increase the number of units, change the boundaries of any unit, change the allocated interests of a unit or change the uses to which any unit is restricted, in the absence of unanimous consent of the units’ owners affected and the consent of a majority of the owners of the remaining units.

      5.  Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

      Sec. 72.  1.  Except in the case of a taking of all the units by eminent domain (section 40 of this act) or in the case of foreclosure against an entire cooperative of a security interest that has priority over the declaration, a common-interest community may be terminated only by agreement of units’ owners to whom at least 80 percent of the votes in the association are allocated, or any larger percentage the declaration specifies.


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ê1991 Statutes of Nevada, Page 552 (Chapter 245, AB 221)ê

 

common-interest community may be terminated only by agreement of units’ owners to whom at least 80 percent of the votes in the association are allocated, or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses.

      2.  An agreement to terminate must be evidenced by the execution of an agreement to terminate, or ratifications thereof, in the same manner as a deed, by the requisite number of units’ owners. The agreement must specify a date after which the agreement will be void unless it is recorded before that date. An agreement to terminate and all ratifications thereof must be recorded in every county in which a portion of the common-interest community is situated and is effective only upon recordation.

      3.  In the case of a condominium or planned community containing only units having horizontal boundaries described in the declaration, an agreement to terminate may provide that all of the common elements and units of the common-interest community must be sold following termination. If, pursuant to the agreement, any real estate in the common-interest community is to be sold following termination, the agreement must set forth the minimum terms of the sale.

      4.  In the case of a condominium or planned community containing any units not having horizontal boundaries described in the declaration, an agreement to terminate may provide for sale of the common elements, but it may not require that the units be sold following termination, unless the declaration as originally recorded provided otherwise or all the units’ owners consent to the sale.

      5.  The association, on behalf of the units’ owners, may contract for the sale of real estate in a common-interest community, but the contract is not binding on the units’ owners until approved pursuant to subsections 1 and 2. If any real estate is to be sold following termination, title to that real estate, upon termination, vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to units’ owners and lien holders as their interests may appear, in accordance with sections 73 and 74 of this act. Unless otherwise specified in the agreement to terminate, as long as the association holds title to the real estate, each unit’s owner and his successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit. During the period of that occupancy, each unit’s owner and his successors in interest remain liable for all assessments and other obligations imposed on units’ owners by this chapter or the declaration.

      6.  In a condominium or planned community, if the real estate constituting the common-interest community is not to be sold following termination, title to the common elements and, in a common-interest community containing only units having horizontal boundaries described in the declaration, title to all the real estate in the common-interest community, vests in the units’ owners upon termination as tenants in common in proportion to their respective interests as provided in section 74 of this act, and liens on the units shift accordingly.


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ê1991 Statutes of Nevada, Page 553 (Chapter 245, AB 221)ê

 

accordingly. While the tenancy in common exists, each unit’s owner and his successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit.

      7.  Following termination of the common-interest community, the proceeds of any sale of real estate, together with the assets of the association, are held by the association as trustee for units’ owners and holders of liens on the units as their interests may appear.

      Sec. 73.  1.  Following termination of a condominium or planned community, creditors of the association holding liens on the units, which were recorded before termination, may enforce those liens in the same manner as any lien holder. All other creditors of the association are to be treated as if they had perfected liens on the units immediately before termination.

      2.  In a cooperative, the declaration may provide that all creditors of the association have priority over any interests of units’ owners and creditors of units’ owners. In that event, following termination, creditors of the association holding liens on the cooperative which were recorded before termination may enforce their liens in the same manner as any lien holder, and any other creditor of the association is to be treated as if he had perfected a lien against the cooperative immediately before termination. Unless the declaration provides that all creditors of the association have that priority:

      (a) The lien of each creditor of the association which was perfected against the association before termination becomes, upon termination, a lien against each unit’s owner’s interest in the unit as of the date the lien was perfected;

      (b) Any other creditor of the association is to be treated upon termination as if the creditor had perfected a lien against each unit’s owner’s interest immediately before termination;

      (c) The amount of the lien of an association’s creditor described in paragraphs (a) and (b) against each of the units’ owners’ interest must be proportionate to the ratio which each unit’s liability for common expenses bears to the liability for common expenses of all of the units;

      (d) The lien of each creditor of each unit’s owner which was perfected before termination continues as a lien against that owner’s unit as of the date the lien was perfected; and

      (e) The assets of the association must be distributed to all units’ owners and all lien holders as their interests may appear in the order described in this section. Creditors of the association are not entitled to payment from any unit’s owner in excess of the amount of the creditor’s lien against that owner’s interest.

      Sec. 74.  The respective interests of units’ owners referred to in subsections 5, 6 and 7 of section 72 and in section 73 of this act are as follows:

      1.  Except as otherwise provided in subsection 2, the respective interests of units’ owners are the fair market values of their units, allocated interests, and any limited common elements immediately before the termination, as determined by one or more independent appraisers selected by the association. The decision of the independent appraisers must be distributed to the units’ owners and becomes final unless disapproved within 30 days after distribution by units’ owners to whom 25 percent of the votes in the association are allocated. The proportion of interest of any unit’s owner to that of all units’ owners is determined by dividing the fair market value of that unit and its allocated interests by the total fair market values of all the units and their allocated interests.


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ê1991 Statutes of Nevada, Page 554 (Chapter 245, AB 221)ê

 

allocated interests by the total fair market values of all the units and their allocated interests.

      2.  If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value thereto before destruction cannot be made, the interests of all units’ owners are:

      (a) In a condominium, their respective interests in the common elements immediately before the termination;

      (b) In a cooperative, their respective ownerships immediately before the termination; and

      (c) In a planned community, their respective liabilities for common expenses immediately before the termination.

      Sec. 75.  1.  In a condominium or planned community, except as otherwise provided in subsection 2, foreclosure or enforcement of a lien or encumbrance against the entire common-interest community does not terminate, of itself, the common-interest community, and foreclosure or enforcement of a lien or encumbrance against a portion of the common-interest community, other than withdrawable real estate, does not withdraw that portion from the common-interest community. Foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not withdraw, of itself, that real estate from the common-interest community, but the person taking title thereto may require from the association, upon request, an amendment excluding the real estate from the common-interest community.

      2.  In a condominium or planned community, if a lien or encumbrance against a portion of the real estate comprising the common-interest community has priority over the declaration and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance, upon foreclosure, may record an instrument excluding the real estate subject to that lien or encumbrance from the common-interest community.

      Sec. 76.  The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units approve specified actions of the units’ owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:

      1.  Deny or delegate control over the general administrative affairs of the association by the units’ owners or the executive board;

      2.  Prevent the association or the executive board from commencing, intervening in or settling any litigation or proceeding; or

      3.  Prevent any trustee or the association from receiving and distributing any proceeds of insurance except pursuant to sections 95 and 96 of this act.

      Sec. 77.  1.  If the declaration provides that any of the powers described in section 81 of this act are to be exercised by or may be delegated to a profit or nonprofit corporation that exercises those or other powers on behalf of one or more common-interest communities or for the benefit of the units’ owners of one or more common-interest communities, all provisions of this chapter applicable to unit-owners’ associations apply to any such corporation, except as modified by this section.

      2.  Unless it is acting in the capacity of an association described in section 80 of this act, a master association may exercise the powers set forth in paragraph (b) of subsection 1 of section 81 of this act only to the extent expressly permitted in the declarations of common-interest communities which are part of the master association or expressly described in the delegations of power from those common-interest communities to the master association.


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ê1991 Statutes of Nevada, Page 555 (Chapter 245, AB 221)ê

 

expressly permitted in the declarations of common-interest communities which are part of the master association or expressly described in the delegations of power from those common-interest communities to the master association.

      3.  If the declaration of any common-interest community provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation.

      4.  The rights and responsibilities of units’ owners with respect to the unit-owners’ association set forth in sections 82, 89, 90, 91 and 93 of this act apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise units’ owners within the meaning of this chapter.

      5.  Even if a master association is also an association described in section 80 of this act, the certificate of incorporation or other instrument creating the master association and the declaration of each common-interest community, the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association must be elected after the period of declarant’s control in any of the following ways:

      (a) All units’ owners of all common-interest communities subject to the master association may elect all members of the master association’s executive board.

      (b) All members of the executive boards of all common-interest communities subject to the master association may elect all members of the master association’s executive board.

      (c) All units’ owners of each common-interest community subject to the master association may elect specified members of the master association’s executive board.

      (d) All members of the executive board of each common-interest community subject to the master association may elect specified members of the master association’s executive board.

      Sec. 78.  1.  Any two or more common-interest communities of the same form of ownership, by agreement of the units’ owners as provided in subsection 2, may be merged or consolidated into a single common-interest community. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant common-interest community is the legal successor, for all purposes, of all of the preexisting common-interest communities, and the operations and activities of all associations of the preexisting common-interest communities are merged or consolidated into a single association that holds all powers, rights, obligations, assets and liabilities of all preexisting associations.

      2.  An agreement of two or more common-interest communities to merge or consolidate pursuant to subsection 1 must be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting common-interest communities following approval by owners of units to which are allocated the percentage of votes in each common-interest community required to terminate that common-interest community. The agreement must be recorded in every county in which a portion of the common-interest community is located and is not effective until recorded.


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ê1991 Statutes of Nevada, Page 556 (Chapter 245, AB 221)ê

 

of the common-interest community is located and is not effective until recorded.

      3.  Every agreement for merger or consolidation must provide for the reallocation of the allocated interests in the new association among the units of the resultant common-interest community either by stating the reallocations or the formulas upon which they are based or by stating the percentage of overall allocated interests of the new common-interest community which are allocated to all of the units comprising each of the preexisting common-interest communities, and providing that the portion of the percentages allocated to each unit formerly constituting a part of the preexisting common-interest community must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting common-interest community.

      Sec. 79.  In a planned community, if the right is originally reserved in the declaration, the declarant, in addition to any other developmental right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the planned community without describing the location of that real estate in the original declaration; but the amount of real estate added to the planned community pursuant to this section may not exceed 10 percent of the real estate described in paragraph (c) of subsection 1 of section 59 of this act and the declarant may not in any event increase the number of units in the planned community beyond the number stated in the original declaration pursuant to paragraph (e) of that subsection.

      Sec. 80.  A unit-owners’ association must be organized no later than the date the first unit in the common-interest community is conveyed. The membership of the association at all times consists exclusively of all units’ owners or, following termination of the common-interest community, of all owners of former units entitled to distributions of proceeds under sections 72, 73 and 74 of this act, or their heirs, successors or assigns. The association must be organized as a profit or nonprofit corporation, trust or partnership.

      Sec. 81.  1.  Except as otherwise provided in subsection 2, and subject to the provisions of the declaration, the association may:

      (a) Adopt and amend bylaws, rules and regulations;

      (b) Adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from units’ owners;

      (c) Hire and discharge managing agents and other employees, agents and independent contractors;

      (d) Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community;

      (e) Make contracts and incur liabilities;

      (f) Regulate the use, maintenance, repair, replacement and modification of common elements;

      (g) Cause additional improvements to be made as a part of the common elements;

      (h) Acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:


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ê1991 Statutes of Nevada, Page 557 (Chapter 245, AB 221)ê

 

             (1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to section 93 of this act; and

             (2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to section 93 of this act;

      (i) Grant easements, leases, licenses and concessions through or over the common elements;

      (j) Impose and receive any payments, fee or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of section 56 of this act, and for services provided to units’ owners;

      (k) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association;

      (l) Impose reasonable charges for the preparation and recordation of amendments to the declaration, the information required by section 117 of this act or statements of unpaid assessments;

      (m) Provide for the indemnification of its officers and executive board and maintain directors’ and officers’ liability insurance;

      (n) Assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides;

      (o) Exercise any other powers conferred by the declaration or bylaws;

      (p) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association;

      (q) Direct the removal of vehicles improperly parked on property owned or leased by the association, pursuant to NRS 487.038; and

      (r) Exercise any other powers necessary and proper for the governance and operation of the association.

      2.  The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.

      Sec. 82.  1.  Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries and are subject to the insulation from liability provided for directors of corporations by the laws of this state. The members of the executive board are required to exercise the ordinary and reasonable care of directors of a corporation, subject to the business-judgment rule.

      2.  The executive board may not act on behalf of the association to amend the declaration (section 71 of this act), to terminate the common-interest community (section 72 of this act), or to elect members of the executive board or determine their qualifications, powers and duties or terms of office (subsection 6), but the executive board may fill vacancies in its membership for the unexpired portion of any term.

      3.  Within 30 days after adoption of any proposed budget for the common-interest community, the executive board shall provide a summary of the budget to all the units’ owners, and shall set a date for a meeting of the units’ owners to consider ratification of the budget not less than 14 nor more than 30 days after mailing of the summary.


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ê1991 Statutes of Nevada, Page 558 (Chapter 245, AB 221)ê

 

budget to all the units’ owners, and shall set a date for a meeting of the units’ owners to consider ratification of the budget not less than 14 nor more than 30 days after mailing of the summary. Unless at that meeting a majority of all units’ owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. If the proposed budget is rejected, the periodic budget last ratified by the units’ owners must be continued until such time as the units’ owners ratify a subsequent budget proposed by the executive board.

      4.  Subject to subsection 5, the declaration may provide for a period of declarant’s control of the association, during which a declarant, or persons designated by him, may appoint and remove the officers and members of the executive board. Regardless of the period provided in the declaration, a period of declarant’s control terminates no later than the earlier of:

      (a) Sixty days after conveyance of 75 percent of the units that may be created to units’ owners other than a declarant;

      (b) Two years after all declarants have ceased to offer units for sale in the ordinary course of business; or

      (c) Two years after any right to add new units was last exercised.

A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period, but in that event the declarant may require, for the duration of the period of declarant’s control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.

      5.  Not later than 60 days after conveyance of 25 percent of the units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant. Not later than 60 days after conveyance of 50 percent of the units that may be created to units’ owners other than a declarant, not less than 33 1/3 percent of the members of the executive board must be elected by units’ owners other than the declarant.

      6.  Except as otherwise provided in subsection 5 of section 77 of this act, not later than the termination of any period of declarants’ control, the units’ owners shall elect an executive board of at least three members, at least a majority of whom must be units’ owners. The executive board shall elect the officers. The members and officers of the executive board shall take office upon election.

      7.  Notwithstanding any provision of the declaration or bylaws to the contrary, the units’ owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the units’ owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.

      8.  When a member of an executive board is sued for liability for actions undertaken in his role as a member of the board, the association shall indemnify him for his losses or claims, and undertake all costs of defense, until and unless it is proven that he acted with willful or wanton misfeasance or with gross negligence. After such proof the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted. Members of the executive board are not personally liable to the victims of crimes occurring on the property.


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ê1991 Statutes of Nevada, Page 559 (Chapter 245, AB 221)ê

 

personally liable to the victims of crimes occurring on the property. Punitive damages may not be recovered against the association, but may be recovered from persons whose activity gave rise to the damages.

      9.  An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, and a fiduciary of an estate that owns a unit may be an officer or member of the executive board. In all events where the person serving or offering to serve as an officer or member of the executive board is not the record owner, he shall file proof of authority in the records of the association.

      10.  Within 30 days after units’ owners other than the declarant may elect a majority of the members of the executive board, the declarant shall deliver to the association all property of the units’ owners and of the association held by or controlled by him, including:

      (a) The original or a certified copy of the recorded declaration as amended, the association’s articles of incorporation if the association is incorporated, bylaws, minute books and other books and records of the association and any rules or regulations which may have been adopted.

      (b) An accounting for money of the association and financial statements from the date the association received money to the date the period of the declarant’s control ends. The financial statements must fairly and accurately report the association’s financial condition prepared in accordance with generally accepted accounting principles.

      (c) The association’s money or control thereof.

      (d) All of the declarant’s tangible personal property that has been represented by the declarant as property of the association or, unless the declarant has disclosed in the public offering statement that all such personal property used in the common-interest community will remain the declarant’s property, all of the declarant’s tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the common elements, and inventories of these properties.

      (e) A copy of any plans and specifications used in the construction of the improvements in the common-interest community which were completed within 2 years before the declaration was recorded.

      (f) All insurance policies then in force, in which the units’ owners, the association, or its directors and officers are named as insured persons.

      (g) Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the common-interest community.

      (h) Any other permits and approvals issued by governmental bodies applicable to the common-interest community which are in force or which were issued within 1 year before the date on which units’ owners other than the declarant took control of the association.

      (i) Written warranties of the contractor, subcontractors, suppliers and manufacturers that are still effective.

      (j) A roster of owners and mortgagees of units and their addresses and telephone numbers, if known, as shown of the declarant’s records.

      (k) Contracts of employment in which the association is a contracting party.


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ê1991 Statutes of Nevada, Page 560 (Chapter 245, AB 221)ê

 

      (l) Any contract for service in which the association is a contracting party or in which the association or the units’ owners have any obligation to pay a fee to the persons performing the services.

      Sec. 83.  1.  A special declarant’s right (section 33 of this act) created or reserved under this chapter may be transferred only by an instrument evidencing the transfer recorded in every county in which any portion of the common-interest community is located. The instrument is not effective unless executed by the transferee.

      2.  Upon transfer of any special declarant’s right, the liability of a transferor declarant is as follows:

      (a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranties imposed upon him by this chapter. Lack of privity does not deprive any unit’s owner of standing to maintain an action to enforce any obligation of the transferor.

      (b) If a successor to any special declarant’s right is an affiliate of a declarant (section 5 of this act), the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the common-interest community.

      (c) If a transferor retains any special declarant’s rights, but transfers other special declarant’s rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special declarant’s rights and arising after the transfer.

      (d) A transferor has no liability for any act or omission or any breach of a contractual obligation or warranty arising from the exercise of a special declarant’s right by a successor declarant who is not an affiliate of the transferor.

      3.  Unless otherwise provided in a mortgage, deed of trust or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale or sale under the Bankruptcy Code or a receivership, of any units owned by a declarant or real estate in a common-interest community subject to developmental rights, a person acquiring title to all the property being foreclosed or sold, but only upon his request, succeeds to all special declarant’s rights related to that property held by that declarant, or only to any rights reserved in the declaration pursuant to section 69 of this act and held by that declarant to maintain models, offices for sales and signs. The judgment or instrument conveying title must provide for transfer of only the special declarant’s rights requested.

      4.  Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale or sale under the Bankruptcy Code or a receivership of all interests in a common-interest community owned by a declarant:

      (a) The declarant ceases to have any special declarant’s rights; and

      (b) The period of declarant’s control (subsection 4 of section 82 of this act) terminates unless the judgment or instrument conveying title provides for transfer of all special declarant’s rights held by that declarant to a successor declarant.


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ê1991 Statutes of Nevada, Page 561 (Chapter 245, AB 221)ê

 

      Sec. 84.  The liabilities and obligations of a person who succeeds to special declarant’s rights are as follows:

      1.  A successor to any special declarant’s right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration.

      2.  A successor to any special declarant’s right, other than a successor described in subsection 3 or 4 or a successor who is an affiliate of a declarant, is subject to the obligations and liabilities imposed by this chapter or the declaration:

      (a) On a declarant which relate to the successor’s exercise or nonexercise of special declarant’s rights; or

      (b) On his transferor, other than:

             (1) Misrepresentations by any previous declarant;

             (2) Warranties on improvements made by any previous declarant, or made before the common-interest community was created;

             (3) Breach of any fiduciary obligation by any previous declarant or his appointees to the executive board; or

             (4) Any liability or obligation imposed on the transferor as a result of the transferor’s acts or omissions after the transfer.

      3.  A successor to only a right reserved in the declaration to maintain models, offices for sales and signs (section 69 of this act), may not exercise any other special declarant’s right, and is not subject to any liability or obligation as a declarant, except the obligation to provide a public offering statement and any liability arising as a result thereof.

      4.  A successor to all special declarant’s rights held by a transferor who succeeded to those rights pursuant to a deed or other instrument of conveyance in lieu of foreclosure or a judgment or instrument conveying title under subsection 3 of section 83 of this act, may declare in a recorded instrument the intention to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant’s rights to any person acquiring title to any unit or real estate subject to developmental rights owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by his transferor to control the executive board in accordance with subsection 4 of section 82 of this act for the duration of any period of declarant’s control, and any attempted exercise of those rights is void. So long as a successor declarant may not exercise special declarant’s rights under this subsection, the successor declarant is not subject to any liability or obligation as a declarant other than liability for his acts and omissions under subsection 4 of section 82 of this act.

      Sec. 85.  Sections 83 and 84 of this act do not subject any successor to a special declarant’s right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this chapter or the declaration.

      Sec. 86.  If entered into before the executive board elected by the units’ owners pursuant to subsection 6 of section 82 of this act takes office, any management contract, employment contract, or lease of recreational or parking areas or facilities, any other contract or lease between the association and a declarant or an affiliate of a declarant or any contract or lease that is not in good faith or was unconscionable to the units’ owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the units’ owners takes office upon not less than 90 days’ notice to the other party.


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ê1991 Statutes of Nevada, Page 562 (Chapter 245, AB 221)ê

 

good faith or was unconscionable to the units’ owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the units’ owners takes office upon not less than 90 days’ notice to the other party. This section does not apply to any lease the termination of which would terminate the common-interest community or reduce its size, unless the real estate subject to that lease was included in the common-interest community for the purpose of avoiding the right of the association to terminate a lease under this section, or to a proprietary lease.

      Sec. 87.  1.  The bylaws of the association must provide:

      (a) The number of members of the executive board and the titles of the officers of the association;

      (b) For election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify;

      (c) The qualifications, powers and duties, terms of office and manner of electing and removing members and officers of the executive board and filling vacancies;

      (d) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agency;

      (e) Which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; and

      (f) A method for amending the bylaws.

      2.  Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.

      Sec. 88.  1.  Except to the extent provided by the declaration, subsection 2 or section 96 of this act, the association is responsible for maintenance, repair and replacement of the common elements, and each unit’s owner is responsible for maintenance, repair and replacement of his unit. Each unit’s owner shall afford to the association and the other units’ owners, and to their agents or employees, access through his unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit’s owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.

      2.  In addition to the liability that a declarant as a unit’s owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to developmental rights. No other unit’s owner and no other portion of the common-interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to developmental rights inures to the declarant.

      3.  In a planned community, if all developmental rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.

      Sec. 89.  A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board or by units’ owners having 20 percent, or any lower percentage specified in the bylaws, of the votes in the association. No less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner.


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ê1991 Statutes of Nevada, Page 563 (Chapter 245, AB 221)ê

 

other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budgetary changes and any proposal to remove an officer or member of the executive board.

      Sec. 90.  1.  Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.

      2.  Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting.

      Sec. 91.  1.  If only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners cast the votes allocated to that unit without protest made promptly to the person presiding over the meeting by any of the other owners of the unit.

      2.  Votes allocated to a unit may be cast pursuant to a proxy executed by a unit’s owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through an executed proxy. A unit’s owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.

      3.  If the declaration requires that votes on specified matters affecting the common-interest community be cast by lessees rather than units’ owners of leased units:

      (a) The provisions of subsections 1 and 2 apply to lessees as if they were units’ owners;

      (b) Units’ owners who have leased their units to other persons may not cast votes on those specified matters; and

      (c) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were units’ owners.

Units’ owners must also be given notice, in the manner provided in section 89 of this act, of all meetings at which lessees are entitled to vote.

      4.  No votes allocated to a unit owned by the association may be cast.

      Sec. 92.  Neither the association nor any unit’s owner except the declarant is liable for that declarant’s torts in connection with any part of the common-interest community which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be brought against the association and not against any unit’s owner. If the wrong occurred during any period of declarant’s control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit’s owner for all tort losses not covered by insurance suffered by the association or that unit’s owner, and all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission.


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ê1991 Statutes of Nevada, Page 564 (Chapter 245, AB 221)ê

 

the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit’s owner for all tort losses not covered by insurance suffered by the association or that unit’s owner, and all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney’s fees, incurred by the association. Any statute of limitation affecting the association’s right of action under this section is tolled until the period of declarant’s control terminates. A unit’s owner is not precluded from maintaining an action contemplated by this section because he is a unit’s owner or a member or officer of the association.

      Sec. 93.  1.  In a condominium or planned community, portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least a majority of the votes in the association, including a majority of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but all owners of units to which any limited common element is allocated must agree to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association.

      2.  Part of a cooperative may be conveyed and all or part of a cooperative may be subjected to a security interest by the association if persons entitled to cast at least a majority of the votes in the association, including a majority of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but, if fewer than all of the units or limited common elements are to be conveyed or subjected to a security interest, then all units’ owners of those units, or the units to which those limited common elements are allocated, must agree in order to convey those units or limited common elements or subject them to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association. Any purported conveyance or other voluntary transfer of an entire cooperative, unless made pursuant to section 72 of this act, is void.

      3.  An agreement to convey common elements in a condominium or planned community, or to subject them to a security interest, or in a cooperative, an agreement to convey any part of a cooperative or subject it to a security interest, must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of units’ owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in every county in which a portion of the common-interest community is situated, and is effective only upon recordation.

      4.  The association, on behalf of the units’ owners, may contract to convey an interest in a common-interest community pursuant to subsection 1, but the contract is not enforceable against the association until approved pursuant to subsection 1, 2 and 3. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.


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ê1991 Statutes of Nevada, Page 565 (Chapter 245, AB 221)ê

 

and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.

      5.  Unless made pursuant to this section, any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements or of any other part of a cooperative is void.

      6.  A conveyance or encumbrance of common elements or of a cooperative pursuant to this section does not deprive any unit of its rights of access and support.

      7.  Unless the declaration otherwise provides, a conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.

      8.  In a cooperative, the association may acquire, hold, encumber or convey a proprietary lease without complying with this section.

      Sec. 94.  1.  Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available, both of the following:

      (a) Property insurance on the common elements and, in a planned community, also on property that must become common elements, insuring against all risks of direct physical loss commonly insured against or, in the case of a converted building, against fire and extended coverage perils. The total amount of insurance after application of any deductibles must be not less than 80 percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies.

      (b) Liability insurance, including insurance for medical payments, in an amount determined by the executive board but not less than any amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements and, in cooperatives, also of all units.

      2.  In the case of a building that is part of a cooperative or that contains units having horizontal boundaries described in the declaration, the insurance maintained under paragraph (a) of subsection 1, to the extent reasonably available, must include the units, but need not include improvements and betterments installed by units’ owners.

      3.  If the insurance described in subsections 1 and 2 is not reasonably available, the association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all units’ owners. The declaration may require the association to carry any other insurance, and the association in any event may carry any other insurance it considers appropriate to protect the association or the units’ owners.

      4.  An insurance policy issued to the association does not prevent a unit’s owner from obtaining insurance for his own benefit.

      Sec. 95.  1.  Insurance policies carried pursuant to section 94 of this act must provide to the extent reasonably available that:

      (a) Each unit’s owner is an insured person under the policy with respect to liability arising out of his interest in the common elements or membership in the association;


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ê1991 Statutes of Nevada, Page 566 (Chapter 245, AB 221)ê

 

      (b) The insurer waives its right to subrogation under the policy against any unit’s owner or member of his household;

      (c) No act or omission by any unit’s owner, unless acting within the scope of his authority on behalf of the association, will void the policy or be a condition to recovery under the policy; and

      (d) If, at the time of a loss under the policy, there is other insurance in the name of a unit’s owner covering the same risk covered by the policy, the association’s policy provides primary insurance.

      2.  Any loss covered by the property policy under subsections 1 and 2 of section 94 of this act must be adjusted with the association, but the proceeds for that loss are payable to any trustee designated for that purpose, or otherwise to the association, and not to any holder of a security interest. The trustee or the association shall hold any proceeds in trust for the association, units’ owners and lien holders as their interests may appear. Subject to the provisions of section 96 of this act, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the association, units’ owners, and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the common-interest community is terminated.

      3.  An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit’s owner or holder of a security interest. The insurer issuing the policy may not cancel or refuse to renew it until 30 days after notice of the proposed cancellation or nonrenewal has been mailed to the association, each unit’s owner and each holder of a security interest to whom a certificate or memorandum of insurance has been issued at their respective last known addresses.

      Sec. 96.  1.  Any portion of the common-interest community for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the association unless:

      (a) The common-interest community is terminated, in which case sections 72, 73 and 74 of this act apply;

      (b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; or

      (c) Eighty percent of the units’ owners, including every owner of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense.

      2.  If the entire common-interest community is not repaired or replaced, the proceeds attributable to the damaged common elements, must be used to restore the damaged area to a condition compatible with the remainder of the common-interest community, and except to the extent that other persons will be distributees (subparagraph 2 of paragraph (1) of subsection 1 of section 59 of this act):

      (a) The proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lien holders, as their interests may appear; and


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ê1991 Statutes of Nevada, Page 567 (Chapter 245, AB 221)ê

 

      (b) The remainder of the proceeds must be distributed to all the units’ owners or lien holders, as their interests may appear, as follows:

             (1) In a condominium, in proportion to the interests of all the units in the common elements; and

             (2) In a cooperative or planned community, in proportion to the liabilities of all the units for common expenses.

      3.  If the units’ owners vote not to rebuild any unit, that unit’s allocated interests are automatically reallocated upon the vote as if the unit had been condemned under subsection 1 of section 40 of this act, and the association promptly shall prepare, execute and record an amendment to the declaration reflecting the reallocations.

      Sec. 97.  The provisions of sections 94, 95 and 96 of this act may be varied or waived in the case of a common-interest community all of whose units are restricted to nonresidential use.

      Sec. 98.  Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves must be paid to the units’ owners in proportion to their liabilities for common expenses or credited to them to reduce their future assessments for common expenses.

      Sec. 99.  1.  Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association.

      2.  Except for assessments under subsections 3, 4 and 5, all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of section 61 of this act. Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.

      3.  To the extent required by the declaration:

      (a) Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

      (b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and

      (c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

      4.  Assessments to pay a judgment against the association (subsection 1 of section 102 of this act) may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.

      5.  If any common expense is caused by the misconduct of any unit’s owner, the association may assess that expense exclusively against his unit.

      6.  If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.

      Sec. 100.  1.  The association has a lien on a unit for any assessment levied against that unit or fines imposed against the unit’s owner from the time the assessment or fine becomes due.


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ê1991 Statutes of Nevada, Page 568 (Chapter 245, AB 221)ê

 

assessment or fine becomes due. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j), (k) and (l) of subsection 1 of section 81 of this act are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

      2.  A lien under this section is prior to all other liens and encumbrances on a unit except:

      (a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;

      (b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent, or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent; and

      (c) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative.

The lien is also prior to all security interests described in paragraph (b) to the extent of the assessments for common expenses based on the periodic budget adopted by the association pursuant to section 99 of this act which would have become due in the absence of acceleration during the 6 months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.

      3.  Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

      4.  Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.

      5.  A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within 3 years after the full amount of the assessments becomes due.

      6.  This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.

      7.  A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.

      8.  The association upon written request shall furnish to a unit’s owner a statement setting forth the amount of unpaid assessments against the unit. If the interest of the unit’s owner is real estate, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit’s owner.

      9.  In a cooperative, upon nonpayment of an assessment on a unit, the unit’s owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and the lien may be foreclosed as provided by this section or by sections 101 to 104, inclusive, of this act.


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ê1991 Statutes of Nevada, Page 569 (Chapter 245, AB 221)ê

 

foreclosed as provided by this section or by sections 101 to 104, inclusive, of this act.

      10.  In a cooperative where the owner’s interest in a unit is personal property (section 38 of this act), the association’s lien may be foreclosed in like manner as a security interest under NRS 104.9101 to 104.9507, inclusive.

      Sec. 101.  1.  In a condominium, a cooperative where the owner’s interest in a unit is real estate (section 38 of this act), or a planned community, the association may foreclose its lien by sale after:

      (a) The association has caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of delinquent assessment, which states the amount of the assessments and other sums which are due in accordance with subsection 1 of section 100 of this act, a description of the unit against which the lien is imposed, and the name of the record owner of the units;

      (b) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien, which contains the same information as the notice of delinquent assessment, but must also describe the deficiency in payment and the name and address of the person authorized by the association to enforce the lien by sale; and

      (c) The unit’s owner or his successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 60 days following the recording of the notice of default and election to sell.

      2.  The notice of delinquent assessment must be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association.

      3.  The period of 60 days begins on the first day following the later of:

      (a) The day on which the notice of default is recorded; or

      (b) The day on which a copy of the notice of default is mailed by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest at his address if known, otherwise to the address of the unit.

      4.  The association or other person conducting the sale shall also, after the expiration of the 60 days and before selling the unit, give notice of the time and place of the sale in the manner and for a time not less than that required by law for the sale of real property upon execution, except that a copy of the notice of sale must be mailed, on or before the date of first publication or posting, by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest at his address if known, otherwise to the address of the unit.

      Sec. 102.  1.  The sale must be conducted in the county in which the common-interest community or part of it is situated, and may be conducted by the association, its agent or attorney, or a title insurance company or escrow agent licensed to do business in this state, except that the sale may be made at the office of the association if the notice of the sale so provided, whether the unit is located within the same county as the office of the association or not. The association or other person conducting the sale may from time to time postpone the sale by such advertisement and notice as it considers reasonable or, without further advertisement or notice, by proclamation made to the persons assembled at the time and place previously set and advertised for the sale.


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ê1991 Statutes of Nevada, Page 570 (Chapter 245, AB 221)ê

 

from time to time postpone the sale by such advertisement and notice as it considers reasonable or, without further advertisement or notice, by proclamation made to the persons assembled at the time and place previously set and advertised for the sale.

      2.  On the day of sale originally advertised or to which the sale is postponed, at the time and place specified in the notice or postponement, the person conducting the sale may sell the unit at public auction to the highest cash bidder. Unless otherwise provided in the declaration or by agreement, the association may purchase the unit and hold, lease, mortgage or convey it. If so authorized to purchase, the association may enter a credit bid up to the amount of the unpaid assessments and any permitted costs, fees and expenses incident to the enforcement of its lien.

      3.  After the sale, the person conducting the sale shall make, execute and, after payment is made, deliver to the purchaser, or his successor or assign, a deed without warranty which conveys to the grantee all title of the unit’s owner to the unit, and shall apply the proceeds of the sale for the following purposes in the following order:

      (a) The reasonable expenses of sale;

      (b) The reasonable expenses of securing possession before sale, holding, maintaining, and preparing the unit for sale, including payment of taxes and other governmental charges, premiums on hazard and liability insurance, and, to the extent provided for by agreement between the association and the unit’s owner, reasonable attorney’s fees and other legal expenses incurred by the association;

      (c) Satisfaction of the association’s lien;

      (d) Satisfaction in the order of priority of any subordinate claim of record; and

      (e) Remittance of any excess to the unit’s owner.

      Sec. 103.  1.  The recitals in such a deed of:

      (a) Default and the recording of the notice of delinquent assessment and notice of default and election to sell;

      (b) The elapsing of the 60 days; and

      (c) The giving of notice of sale,

are conclusive proof of the matters recited.

      2.  Such a deed containing those recitals is conclusive against the unit’s former owner, his heirs and assigns, and all other persons. The receipt for the purchase money contained in such a deed is sufficient to discharge the purchaser from obligation to see to the proper application of the purchase money.

      3.  The sale of a unit pursuant to sections 101 and 102 of this act vests in the purchaser the title of the unit’s owner without equity or right of redemption.

      Sec. 104.  1.  The provisions of NRS 107.090 apply to the foreclosure of an association’s lien as if a deed of trust were being foreclosed. The request must identify the lien by stating the names of the unit’s owner and the common-interest community. The association must also give reasonable notice of its intent to foreclose to all holders of liens in the unit who are known to it.


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ê1991 Statutes of Nevada, Page 571 (Chapter 245, AB 221)ê

 

      2.  An association may, after recording a notice of default and election to sell, waive the default and withdraw the notice or any proceeding to foreclose. The association is thereupon restored to its former position and has the same rights as though the notice had not been recorded.

      Sec. 105.  (Deleted by amendment.)

      Sec. 106.  The association shall keep financial records sufficiently detailed to enable the association to comply with section 117 of this act. All financial and other records must be made reasonably available for examination by any unit’s owner and his authorized agents.

      Sec. 107.  With respect to a third person dealing with the association in the association’s capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.

      Sec. 108.  1.  Sections 108 to 128, inclusive, of this act apply to all units subject to this chapter, except as otherwise provided in subsection 2 or as modified or waived by agreement of purchasers of units in a common-interest community in which all units are restricted to nonresidential use.

      2.  Neither a public offering statement nor a certificate of resale need be prepared or delivered in the case of a:

      (a) Gratuitous disposition of a unit;

      (b) Disposition pursuant to court order;

      (c) Disposition by a government or governmental agency;

      (d) Disposition by foreclosure or deed in lieu of foreclosure;

      (e) Disposition to a dealer;

      (f) Disposition that may be canceled at any time and for any reason by the purchaser without penalty; or

      (g) Disposition of a unit in a planned community in which the declaration limits the maximum annual assessment of any unit to not more than $300, as adjusted pursuant to section 46 of this act if:

             (1) The declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the planned community;

             (2) The declaration cannot be amended to increase the assessment during the period of declarant’s control without the consent of all units’ owners; and

             (3) The planned community is not subject to any developmental rights.

      Sec. 109.  1.  Except as otherwise provided in subsection 2, a declarant, before offering any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of sections 110 to 114, inclusive, of this act.

      2.  A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant (sections 83 and 84 of this act) or to a dealer who intends to offer units in the common-interest community.


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ê1991 Statutes of Nevada, Page 572 (Chapter 245, AB 221)ê

 

community. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection 1.

      3.  Any declarant or dealer who offers a unit to a purchaser shall deliver a public offering statement in the manner prescribed in subsection 1 of section 116 of this act. The person who prepared all or a part of the public offering statement is liable under sections 116 and 125 of this act for any false or misleading statement set forth therein or for any omission of a material fact therefrom with respect to that portion of the public offering statement which he prepared. If a declarant did not prepare any part of a public offering statement that he delivers, he is not liable for any false or misleading statement set forth therein or for any omission of a material fact therefrom unless he had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission.

      4.  If a unit is part of a common-interest community and is part of any other real estate in connection with the sale of which the delivery of a public offering statement is required under the laws of this state, a single public offering statement conforming to the requirements of sections 110 to 114, inclusive, of this act as those requirements relate to the real estate in which the unit is located, and to any other requirements imposed under the laws of this state, may be prepared and delivered in lieu of providing two or more public offering statements.

      Sec. 110.  Except as otherwise provided in section 111 of this act, a public offering statement must contain or fully and accurately disclose each of the following:

      1.  The name and principal address of the declarant and of the common-interest community, and a statement that the common-interest community is either a condominium, cooperative or planned community.

      2.  A general description of the common-interest community, including to the extent possible, the types, number and declarant’s schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the common-interest community.

      3.  The estimated number of units in the common-interest community.

      4.  Copies of the declaration, bylaws, and any rules or regulations of the association.

      5.  Any current balance sheet and a projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association. The budget must include, without limitation:

      (a) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement; and

      (b) The projected monthly assessment for common expenses for each type of unit.

      6.  A description of any services or subsidies being provided by the developer, not reflected in the budget.

      7.  Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee.


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ê1991 Statutes of Nevada, Page 573 (Chapter 245, AB 221)ê

 

      8.  The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages.

      9.  A statement that unless the purchaser or his agent has personally inspected the unit, that the purchaser may cancel, by written notice, the contract for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.

      10.  A statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the common-interest community of which a declarant has actual knowledge.

      11.  Any current or expected fees or charges to be paid by units’ owners for the use of the common elements and other facilities related to the common-interest community.

      Sec. 111.  If a common-interest community composed of not more than 12 units is not subject to any developmental rights and no power is reserved to a declarant to make the common-interest community part of a larger common-interest community, group of common-interest communities or other real estate, a public offering statement may but need not include the information otherwise required by subsections 8 and 11 of section 110 of this act and the narrative descriptions of documents required by subsection 4 of that section.

      Sec. 112.  If the declaration provides that a common-interest community is subject to any developmental rights, the public offering statement must disclose, in addition to the information required by section 110 of this act:

      1.  The maximum number of units that may be created;

      2.  A statement of how many or what percentage of the units that may be created will be restricted exclusively to residential use, or a statement that no representations are made regarding restrictions of use;

      3.  A statement of the extent to which any buildings or other improvements that may be erected pursuant to any developmental right in any part of the common-interest community will be compatible with existing buildings and improvements in the common-interest community in terms of architectural style, quality of construction, and size, or a statement that no assurances are made in those regards;

      4.  General descriptions of all other improvements that may be made and limited common elements that may be created within any part of the common-interest community pursuant to any developmental right reserved by the declarant, or a statement that no assurances are made in that regard;

      5.  A statement of any limitations as to the locations of any building or other improvement that may be constructed or made within any part of the common-interest community pursuant to any developmental right reserved by the declarant, or a statement that no assurances are made in that regard;

      6.  A statement that any limited common elements created pursuant to any developmental right reserved by the declarant will be of the same general types and sizes as the limited common elements within other parts of the common-interest community, or a statement of the types and sizes planned, or a statement that no assurances are made in that regard;

      7.  A statement that the proportion of limited common elements to units created pursuant to any developmental right reserved by the declarant will be approximately equal to the proportion existing within other parts of the common-interest community, or a statement of any other assurances in that regard, or a statement that no assurances are made in that regard;

 


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ê1991 Statutes of Nevada, Page 574 (Chapter 245, AB 221)ê

 

approximately equal to the proportion existing within other parts of the common-interest community, or a statement of any other assurances in that regard, or a statement that no assurances are made in that regard;

      8.  A statement that all restrictions in the declaration affecting use, occupancy and alienation of units will apply to any units created pursuant to any developmental right reserved by the declarant, or a statement of any differentiations that may be made as to those units, or a statement that no assurances are made in that regard; and

      9.  A statement of the extent to which any assurances made pursuant to this section apply or do not apply if any developmental right is not exercised by the declarant.

      Sec. 113.  If the declaration provides that ownership or occupancy of any units, is or may be in time shares, the public offering statement shall disclose, in addition to the information required by sections 110 and 111 of this act:

      1.  The number and identity of units in which time shares may be created;

      2.  The total number of time shares that may be created;

      3.  The minimum duration of any time shares that may be created; and

      4.  The extent to which the creation of time shares will or may affect the enforceability of the association’s lien for assessments provided in sections 100 and 101 of this act.

      Sec. 114.  1.  The public offering statement of a common-interest community containing any converted building must contain, in addition to the information required by sections 110 and 111 of this act:

      (a) A statement by the declarant, based on a report prepared by an independent registered architect or professional engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;

      (b) A statement by the declarant of the expected useful life of each item reported in paragraph (a) or a statement that no representations are made in that regard; and

      (c) A list of any outstanding notices of uncured violations of building codes or other municipal regulations, together with the estimated cost of curing those violations.

      2.  This section applies only to a common-interest community comprised of a converted building or buildings containing more than 12 units that may be occupied for residential use.

      Sec. 115.  If an interest in a common-interest community is currently registered with the Securities and Exchange Commission of the United States or with the State of Nevada pursuant to chapter 119, 119A or 119B of NRS, a declarant satisfies all requirements of this chapter relating to the preparation of a public offering statement if he delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission or the appropriate Nevada regulatory authority. An interest in a common-interest community is not a security under the provisions of chapter 90 of NRS.

      Sec. 116.  1.  A person required to deliver a public offering statement pursuant to subsection 3 of section 109 of this act shall provide a purchaser with a copy of the public offering statement and all amendments thereto before conveyance of the unit, and not later than the date of any contract of sale.


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ê1991 Statutes of Nevada, Page 575 (Chapter 245, AB 221)ê

 

sale. Unless the purchaser has personally inspected the unit, the purchaser may cancel, by written notice, the contract of purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.

      2.  If a purchaser elects to cancel a contract pursuant to subsection 1, he may do so by hand delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.

      3.  If a person required to deliver a public offering statement pursuant to subsection 3 of section 109 of this act fails to provide a purchaser to whom a unit is conveyed with that public offering statement and all amendments thereto as required by subsection 1, the purchaser, in addition to any rights to damages or other relief, is entitled to receive from that person an amount equal to 10 percent of the sale price of the unit, plus 10 percent of the share, proportionate to his liability for common expenses, of any indebtedness of the association secured by security interests encumbering the common-interest community.

      Sec. 117.  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of section 108 of this act, a unit’s owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance:

      (a) A copy of the declaration (other than any plats and plans), the bylaws, and the rules or regulations of the association;

      (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner; and

      (c) The current operating budget of the association.

      2.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. A unit’s owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the contract to purchase is voidable by the purchaser until the certificate has been provided and for 5 days thereafter or until conveyance, whichever first occurs.

      Sec. 118.  Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to subsection 3 of section 109 of this act must be placed in escrow and held either in this state or in the state where the unit is located in an account designated solely for that purpose by a licensed title insurance company, an independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until:

      1.  Delivered to the declaration at closing;

      2.  Delivered to the declarant because of the purchaser’s default under a contract to purchase the unit; or

      3.  Refunded to the purchaser.

      Sec. 119.  1.  In the case of a sale of a unit where delivery of a public offering statement is required pursuant to subsection 3 of section 109 of this act, a seller:


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ê1991 Statutes of Nevada, Page 576 (Chapter 245, AB 221)ê

 

      (a) Before conveying a unit, shall record or furnish to the purchaser releases of all liens, except liens on real estate that a declarant has the right to withdraw from the common-interest community, that the purchaser does not expressly agree to take subject to or assume and that encumber:

             (1) In a condominium, that unit and its interest in the common elements; and

             (2) In a cooperative or planned community, that unit and any limited common elements assigned thereto; or

      (b) Shall provide a surety bond against the lien as provided for liens on real estate in NRS 108.2413 to 108.2419, inclusive.

      2.  Before conveying real estate to the association, the declarant shall have that real estate released from:

      (a) All liens the foreclosure of which would deprive units’ owners of any right of access to or easement of support of their units; and

      (b) All other liens on that real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts.

      Sec. 120.  1.  A declarant of a common-interest community containing converted buildings, and any dealer who intends to offer units in such a common-interest community, shall give each of the residential tenants and any residential subtenant in possession of a portion of a converted building notice of the conversion and provide those persons with the public offering statement no later than 120 days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and must be hand delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than 120 days’ notice, except by reason of nonpayment of rent, waste or conduct that disturbs other tenants’ peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession.

      2.  For 60 days after delivery or mailing of the notice described in subsection 1, the person required to give the notice shall offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. If a tenant fails to purchase the unit during that 60-day period, the offeror may not offer to dispose of an interest in that unit during the following 180 days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant. This subsection does not apply to any unit in a converted building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.

      3.  If a seller, in violation of subsection 2, conveys a unit to a purchaser for value who has no knowledge of the violation, the recordation of the deed conveying the unit or, in a cooperative, the conveyance of the unit, extinguishes any right a tenant may have under subsection 2 to purchase that unit if the deed states that the seller has complied with subsection 2, but the conveyance does not affect the right of a tenant to recover damages from the seller for a violation of subsection 2.


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ê1991 Statutes of Nevada, Page 577 (Chapter 245, AB 221)ê

 

      4.  If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with the provisions of NRS 40.251 and 40.280, the notice also constitutes a notice to vacate specified by those sections.

      5.  This section does not permit termination of a lease by a declarant in violation of its terms.

      Sec. 121.  1.  Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:

      (a) Any affirmation of fact or promise that relates to the unit, its use or rights appurtenant thereto, improvements to the common-interest community that would directly benefit the unit or the right to use or have the benefit of facilities not located in the common-interest community creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;

      (b) Any model or description of the physical characteristics of the common-interest community, including plans and specifications of or for improvements, creates an express warranty that the common-interest community will reasonably conform to the model or description;

      (c) Any description of the quantity or extent of the real estate comprising the common-interest community, including plats or surveys, creates an express warranty that the common-interest community will conform to the description, subject to customary tolerances; and

      (d) A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.

      2.  Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.

      3.  Any conveyance of a unit transfers to the purchaser all expenses warranties of quality made by previous sellers.

      4.  A warranty created by this section may be excluded or modified in the manner set forth in section 123 of this act.

      Sec. 122.  1.  A declarant and any dealer warrant that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.

      2.  A declarant and any dealer impliedly warrant that a unit and the common elements in the common-interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him, or made by any person before the creation of the common-interest community, will be:

      (a) Free from defective materials; and

      (b) Constructed in accordance with applicable law, according to sound standards of engineering and construction, and in a workmanlike manner.

      3.  In addition, a declarant and any dealer warrant to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.


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ê1991 Statutes of Nevada, Page 578 (Chapter 245, AB 221)ê

 

      4.  Warranties imposed by this section may be excluded or modified as specified in section 123 of this act.

      5.  For purposes of this section, improvements made or contracted for by an affiliate of a declarant (section 5 of this act) are made or contracted for by the declarant.

      6.  Any conveyance of a unit transfers to the purchaser all of the declarant’s implied warranties of quality.

      Sec. 123.  1.  Except as limited by subsection 2 with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:

      (a) May be excluded or modified by agreement of the parties; and

      (b) Are excluded by expression of disclaimer, such as “as is,” “with all faults,” or other language that in common understanding calls the purchaser’s attention to the exclusion of warranties.

      2.  With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant and any dealer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.

      Sec. 124.  1.  A judicial proceeding for breach of any obligation arising under section 121 or 122 of this act must be commenced within 6 years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than 2 years. With respect to a unit that may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser.

      2.  Subject to subsection 3, a cause of action for breach of warranty of quality, regardless of the purchaser’s lack of knowledge of the breach, accrues:

      (a) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and

      (b) As to each common element, at the time the common element is completed or, if later, as to:

             (1) A common element that may be added to the common-interest community or portion thereof, at the time the first unit therein is conveyed to a bona fide purchaser; or

             (2) A common element within any other portion of the common-interest community, at the time the first unit is conveyed to a purchaser in good faith.

      3.  If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the common-interest community, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.

      Sec. 125.  If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for a willful failure to comply with this chapter.


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ê1991 Statutes of Nevada, Page 579 (Chapter 245, AB 221)ê

 

for a willful failure to comply with this chapter. The court, in an appropriate case, may award reasonable attorney’s fees.

      Sec. 126.  No promotional material may be displayed or delivered to prospective purchasers which describes or portrays an improvement that is not in existence unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as “MUST BE BUILT’ or as “NEED NOT BE BUILT.”

      Sec. 127.  1.  Except for improvements labeled “NEED NOT BE BUILT,” the declarant shall complete all improvements depicted on any site plan or other graphic representation, including any plats or plans prepared pursuant to section 63 of this act, whether or not that site plan or other graphic representation is contained in the public offering statement or in any promotional material distributed by or for the declarant.

      2.  The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common-interest community, of any portion of the common-interest community affected by the exercise of rights reserved pursuant to or created by section 64, 65, 66, 67, 69 or 70 of this act.

      Sec. 128.  In the case of a sale of a unit in which delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent registered architect or professional engineer, or by issuance of a certificate of occupancy authorized by law.

      Sec. 129.  NRS 115.005 is hereby amended to read as follows:

      115.005  As used in this chapter, unless the context otherwise requires:

      1.  “Equity” means the amount that is determined by subtracting from the fair market value of the property, the value of any liens excepted from the homestead exemption pursuant to subsection 3 of NRS 115.010.

      2.  “Homestead” means the property consisting of [either a] :

      (a) A quantity of land, together with the dwelling house thereon and its appurtenances [, or a] ;

      (b) A mobile home whether or not the underlying land is owned by the claimant [,] ; or

      (c) A unit, whether real or personal property, existing pursuant to sections 2 to 128, inclusive, of this act or to chapter 117 of NRS, with any appurtenant limited common elements and its interest in the common elements of the common-interest community,

to be selected by the husband and wife, or either of them, or a single person claiming the homestead.

      Sec. 130.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead is not subject to forced sale on execution or any final process from any court, except as provided by subsections 2 and 3.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $95,000 in value.

      3.  The exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

 


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ê1991 Statutes of Nevada, Page 580 (Chapter 245, AB 221)ê

 

erty, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to section 100 of this act or NRS 117.070,

by both husband and wife, when that relation exists.

      4.  Any declaration of homestead which has been filed before July 1, 1989, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 1989.

      Sec. 131.  NRS 117.020 is hereby amended to read as follows:

      117.020  1.  The provisions of this chapter [shall] apply to property divided [or to be divided] into condominiums only if there [shall be] was recorded before January 1, 1992, in the county in which [such] the property lies a plan consisting of:

      (a) A description or survey map of the surface of the land included within the project;

      (b) Diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions; and

      (c) A certificate consenting to the recordation of [such] the plan pursuant to this chapter signed and acknowledged by the record owner of [such] the property and by all record holders of security interests therein.

      2.  [Such] The plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by the record owner of [such] the property and by all record holders of security interests therein. Until recordation of a revocation, the provisions of this chapter [shall] continue to apply to [such] the property.

      3.  The term “record owner” as used in this section includes all of the record owners of [such] the property at the time of recordation, but does not include holders of security interests, mineral interests, easements or rights of way.

      Sec. 132.  NRS 40.433 is hereby amended to read as follows:

      40.433  As used in NRS 40.430 to 40.459, inclusive, unless the context otherwise requires, a “mortgage or other lien” includes a deed of trust, but does not include a lien which arises pursuant to chapter 108 of NRS, pursuant to an assessment under chapter 117, 119A or 278A of NRS [,] or sections 2 to 128, inclusive, of this act, or pursuant to a judgment or decree of any court of competent jurisdiction.

      Sec. 133.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, unless the context otherwise requires:


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ê1991 Statutes of Nevada, Page 581 (Chapter 245, AB 221)ê

 

      1.  [“Acre site” consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.

      2.] “Building code” means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.

      [3.] 2.  “Cities and counties” means all counties and cities located in counties. Carson City is considered as a county.

      [4.] 3.  “Commission” means the planning commission of the city, the county or the region, as established by ordinance or by the provisions of this chapter.

      4.  “Common-interest community” has the meaning ascribed to it in section 10 of this act.

      5.  “County surveyor” means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.

      6.  “Final map” means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.

      7.  “Governing body” means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.

      8.  “Improvement” means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.

      9.  “Local ordinance” means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.

      10.  “Lot” means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.

      11.  “Parcel map” means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.

      12.  “Right of way” includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.

      13.  “Streets” includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.

      14.  “Subdivider” means a person who causes land to be divided into a subdivision for himself or for others.

      15.  “Tentative map” means a map made to show the design of a proposed subdivision and the existing conditions in and around it.


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ê1991 Statutes of Nevada, Page 582 (Chapter 245, AB 221)ê

 

      Sec. 134.  NRS 278.0201 is hereby amended to read as follows:

      278.0201  1.  In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land. This agreement must describe the land which is the subject of the agreement and specify the duration of the agreement, the permitted uses of the land, the density or intensity of its use, the maximum height and size of the proposed buildings and any provisions for the dedication of any portion of the land for public use. The agreement may fix the period within which construction must commence and provide for an extension of that deadline.

      2.  Unless the agreement otherwise provides, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.

      3.  [Nothing in this section prohibits] This section does not prohibit the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.

      4.  The provisions of NRS 278.350 [, 278.360 and 278A.510] and 278.360 do not apply if an agreement entered into pursuant to this section contains provisions which are contrary to the respective sections.

      Sec. 135.  NRS 278.320 is hereby amended to read as follows:

      278.320  1.  “Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into five or more lots, parcels, sites, units or plots, for the purpose of any transfer, development or any proposed transfer or development unless exempted by one of the following provisions:

      (a) The term “subdivision” does not apply to any division of land which is subject to the provisions of NRS 278.471 to 278.4725, inclusive.

      (b) Any joint tenancy or tenancy in common shall be deemed a single interest in land.

      (c) Unless a method of disposition is adopted for the purpose of evading this chapter or would have the effect of evading this chapter, the term “subdivision” does not apply to:

             (1) Any division of land which is ordered by any court in this state or created by operation of law;

             (2) A lien, mortgage, deed of trust or any other security instrument;

             (3) A security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

             (4) Cemetery lots; or

             (5) An interest in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property.

      2.  A common-interest community consisting of five or more units shall be deemed to be a subdivision of land within the meaning of this section, but need only comply with NRS 278.326 to 278.460, inclusive, 278.473 to 278.477, inclusive, 278.480 and 278.490.


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ê1991 Statutes of Nevada, Page 583 (Chapter 245, AB 221)ê

 

need only comply with NRS 278.326 to 278.460, inclusive, 278.473 to 278.477, inclusive, 278.480 and 278.490.

      3.  The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:

      (a) [Such] The land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 of NRS which is an immediate successor in title to a railroad company, and [such] the land was in the past used in connection with any railroad operation; and

      (b) Other persons now permanently reside on [such land.

      3.] the land.

      4.  This chapter does not apply to the division of land for agricultural purposes into parcels of more than 10 acres, if a street, road, or highway opening or widening or easement of any kind is not involved.

      Sec. 135.5.  NRS 278.373 is hereby amended to read as follows:

      278.373  The certificates and acknowledgments required by NRS 278.374 to 278.378, inclusive, [shall] and section 63 of this act must appear on a final map and may be combined where appropriate.

      Sec. 136.  NRS 278.374 is hereby amended to read as follows:

      278.374  1.  A final map presented for filing shall include a certificate signed and acknowledged, pursuant to NRS 111.270, by any person who is the owner of the land:

      (a) Consenting to the preparation and recordation of the final map.

      (b) Offering for dedication that part of the land which the person wishes to dedicate for public use, subject to any reservation contained therein.

      (c) Reserving any parcel from dedication.

      (d) Granting any permanent easement for utility installation or access, as designated on the final map, together with a statement approving such easement, signed by the public utility or person in whose favor the easement is created or whose services are required.

      2.  For the purpose of this section the following shall be deemed not to be an interest in land under this section:

      (a) A lien for taxes or special assessments.

      (b) A trust interest under a bond indenture.

      3.  [A] Upon the final map presented for filing by a common-interest community, a title company must, and for any other subdivision a local government may by ordinance require a title company to:

      (a) Certify that each person signing the final map owns of record an interest in the land and that all of the owners of record of the land have signed the final map; and

      (b) List any lien or mortgage holders of record. For a common-interest community, the certificate must show that there are no liens against the common-interest community or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.

      Sec. 137.  NRS 278.461 is hereby amended to read as follows:

      278.461  1.  A person who proposes to divide any land for transfer or development into four or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply.


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ê1991 Statutes of Nevada, Page 584 (Chapter 245, AB 221)ê

 

county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that no property taxes on the land are delinquent.

      2.  A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with NRS 278.371, 278.373 to 278.378, inclusive, 278.461, 278.462, 278.464 and 278.466.

      3.  A parcel map is not required when the division is for the express purpose of:

      (a) The creation or realignment of a public right of way by a public agency.

      (b) The creation or realignment of an easement.

      (c) An adjustment of the boundary line or the transfer of land between two owners of adjacent property which does not result in the creation of any additional parcels.

      (d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.

      (e) Carrying out an order of any court or dividing land as a result of an operation of law.

      [3.] 4.  A parcel map is not required for any of the following transactions involving land:

      (a) The creation of a lien, mortgage, deed of trust or any other security instrument.

      (b) The creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.

      (c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.

      (d) Conveying an interest in land acquired by the department of transportation under chapter 408 of NRS.

      (e) Filing a certificate of amendment under NRS 278.473.

      [4.] 5.  When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.

      [5.] 6.  Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.

      Sec. 138.  NRS 278A.130 is hereby amended to read as follows:

      278A.130  [1.] The ordinance must provide that the city or county may accept the dedication of land or any interest therein for public use and maintenance, but the ordinance must not require, as a condition of the approval of a planned unit development, that land proposed to be set aside for common open space be dedicated or made available to public use. If any land is set aside for common open space, the planned unit development must be organized as a common-interest community in one of the forms permitted by sections 2 to 128, inclusive, of this act.


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ê1991 Statutes of Nevada, Page 585 (Chapter 245, AB 221)ê

 

sections 2 to 128, inclusive, of this act. The ordinance may require that the [landowner provide for and establish an organization for the ownership and maintenance of any common open space, and that the organization] association for the common-interest community may not be dissolved or dispose of any common open space by sale or otherwise, without first offering to dedicate the common open space to the city or county. That offer must be accepted or rejected within 120 days.

      [2.  The ordinance may authorize the organization to make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the plan. The assessments must be made ratably against the properties within the planned unit development that have a right of enjoyment of the common open space. The ordinance may provide for agreement between the organization and the property owners providing:

      (a) A reasonable method for notice and levy of the assessment; and

      (b) For the subordination of the liens securing the assessment to other liens either generally or specifically described.]

      Sec. 139.  NRS 278A.170 is hereby amended to read as follows:

      278A.170  The procedures for enforcing payment of an assessment for the maintenance of common open space provided in [NRS 278A.150 and 278A.160] sections 100 to 104, inclusive, of this act are also available to any organization for the ownership and maintenance of common open space established other than under this chapter or sections 2 to 128, inclusive, of this act and entitled to receive payments from owners of property for such maintenance under a recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude which provides that any reasonable and ratable assessment thereon for the organization’s costs of maintaining the common open space constitutes a lien or encumbrance upon the property.

      Sec. 140.  NRS 278A.180 is hereby amended to read as follows:

      278A.180  1.  If the [organization established] association for the common-interest community or another organization which was formed before January 1, 1992, to own and maintain common open space [,] or any successor association or other organization, at any time after the establishment of a planned unit development, fails to maintain the common open space in a reasonable order and condition in accordance with the plan, the city or county may serve written notice upon that association or other organization or upon the residents of the planned unit development, setting forth the manner in which the association or other organization has failed to maintain the common open space in reasonable condition. The notice must include a demand that the deficiencies of maintenance be cured within 30 days after the receipt of the notice and must state the date and place of a hearing thereon. The hearing must be within 14 days of the receipt of the notice.

      2.  At the hearing the city or county may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they must be cured. If the deficiencies set forth in the original notice or in the modification thereof are not cured within the 30-day period, or any extension thereof, the city or county, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain it for [a period of] 1 year.


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ê1991 Statutes of Nevada, Page 586 (Chapter 245, AB 221)ê

 

open space from becoming a public nuisance, may enter upon the common open space and maintain it for [a period of] 1 year.

      3.  Entry and maintenance does not vest in the public any right to use the common open space except when such a right is voluntarily dedicated to the public by the owners.

      4.  Before the expiration of the period of maintenance set forth in subsection 2, the city or county shall, upon its own initiative or upon the request of the association or other organization previously responsible for the maintenance of the common open space, call a public hearing upon notice to the association or other organization or to the residents of the planned unit development, to be held by the city or county. At this hearing the association or other organization or the residents of the planned unit development [shall] may show cause why the maintenance by the city or county need not, at the election of the city or county, continue for a succeeding year.

      5.  If the city or county determines that the association or other organization is ready and able to maintain the common open space in a reasonable condition, the city or county shall cease its maintenance at the end of the year.

      6.  If the city or county determines the association or other organization is not ready and able to maintain the common open space in a reasonable condition, the city or county may, in its discretion, continue the maintenance of the common open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter.

      7.  The decision of the city or county in any case referred to in this section constitutes a final administrative decision subject to review.

      Sec. 140.5.  NRS 278A.570 is hereby amended to read as follows:

      278A.570  1.  A plan which has been given final approval by the city or county, must be certified without delay by the city or county and filed of record in the office of the appropriate county recorder before any development occurs in accordance with that plan. A county recorder shall not file for record any final plan unless it includes [a] :

      (a) A final map of the entire final plan or an identifiable phase of the final plan if required by the provisions of NRS 278.010 to 278.630, inclusive [, and includes:

      (a)] ;

      (b) The certifications required pursuant to section 63 of this act; and

      (c) The same certificates of approval as are required under NRS 278.377 [; or

      (b) Evidence that the] or evidence that:

             (1) The approvals were requested more than 30 days before the date on which the request for filing is made [, and that the] ; and

             (2) The agency has not refused its approval.

      2.  Except as otherwise provided in this subsection, after the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan cease to apply. If the development is completed in identifiable phases, then each phase can be recorded. The zoning and subdivision regulations cease to apply after the recordation of each phase to the extent necessary to allow development of that phase.


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ê1991 Statutes of Nevada, Page 587 (Chapter 245, AB 221)ê

 

      3.  Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of the landowner.

      4.  The county recorder shall collect a fee of $50, plus 50 cents per lot or unit mapped, for the recording or filing of any final map, plat or plan. The fee must be deposited in the general fund of the county where it is collected.

      Sec. 141.  NRS 117.025, 117.027, 117.120, 278A.140, 278A.150, 278A.160 and 361.243 are hereby repealed.

      Sec. 142.  This act becomes effective on January 1, 1992.

 

________

 

 

CHAPTER 246, AB 246

Assembly Bill No. 246–Committee on Government Affairs

CHAPTER 246

AN ACT relating to cooperative agreements; removing certain obsolete provisions relating to the sale, lease or exchange of land by the State of Nevada; removing certain restrictions on the conveyance of land between public agencies; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 277.050 is hereby amended to read as follows:

      277.050  1.  As used in this section, “public agency” includes the United States or a department or agency [thereof, the State of Nevada or a department or agency thereof,] of the Federal Government, a county, [Carson City,] a public corporation and a public district.

      2.  Without a vote of the electors of a public agency first being had, the governing body of the agency may:

      (a) Sell or exchange to another public agency [any unused real property belonging to it, which, at the time of delivery of title or possession, is no longer required for public use by the selling or exchanging public agency.] , or to the State of Nevada or a department or agency of the state; or

      (b) Lease to another public agency, or to the State of Nevada or a department or agency of the state, for a term not exceeding 99 years,

any [unused] real property belonging to it . [, which, at the time of delivery of possession, is no longer required for public use by the lessor public agency.]

      3.  A sale or exchange may be:

      (a) Negotiated without advertising for public bids.

      (b) Made for cash or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or entity or exchanging public agencies or entities shall, except as otherwise provided in NRS 277.053, pay or convey property worth an amount at least equal to the current appraised value of the real property being conveyed or exchanged.


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ê1991 Statutes of Nevada, Page 588 (Chapter 246, AB 246)ê

 

real property being conveyed or exchanged. Money derived from a sale must be used for capital outlay.

      4.  A lease may be:

      (a) Negotiated without advertising for public bids.

      (b) Made for such consideration as [may be] is authorized by action of the governing body of the lessor public agency.

      5.  Before ordering the sale, exchange or lease of any such property the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange it, or a resolution declaring its intention to lease it, as the case may be. The resolution must:

      (a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.

      (b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.

      (c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which objections to the sale, exchange or lease may be made by the electors of the public agency.

      6.  Notice of the adoption of the resolution and of the time and place of the public meeting must be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated. The notice must be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.

      7.  Any resolution accepting a bid or any other form of acceptance of a bid by another public agency must direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver it to the purchasing, exchanging or lessee public agency upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently [therewith.] with the delivery.

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

 

________


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ê1991 Statutes of Nevada, Page 589ê

 

CHAPTER 247, AB 289

Assembly Bill No. 289–Committee on Judiciary

CHAPTER 247

AN ACT relating to child support; requiring the state gaming control board to disclose certain information to the welfare division of the department of human resources to assist in the location of deserting responsible parents; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.335 is hereby amended to read as follows:

      463.335  1.  The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:

      (a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and

      (b) Maintain confidential records of such information.

      (2) No person may be employed as a gaming employee unless he is the holder of:

      (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or

      (b) A work permit issued by the board, if a work permit is not required by either the county or the city.

      3.  A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.

      4.  Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment.

      5.  If the board, within the 90-day period, notifies:

      (a) The county or city licensing authority; and

      (b) The applicant,

that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.

      6.  Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board.


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ê1991 Statutes of Nevada, Page 590 (Chapter 247, AB 289)ê

 

Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.

      7.  Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board of a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 30 days after the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit. The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:

      (a) Failed to disclose, misstated or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;

      (b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;

      (c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;

      (d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;

      (e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

      (f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

      (g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.

      8.  Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the board’s decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

      9.  [All] Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency.


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ê1991 Statutes of Nevada, Page 591 (Chapter 247, AB 289)ê

 

made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.

      10.  A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for more than 90 days.

      11.  Notice of any objection to or denial of a work permit by the board as provided pursuant to this section is sufficient if it is mailed to the applicant’s last known address as indicated on the application for a work permit. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice is presumed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

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

 

________

 

 

CHAPTER 248, AB 324

Assembly Bill No. 324–Committee on Health and Welfare

CHAPTER 248

AN ACT relating to public health; prohibiting the smoking of tobacco in a school bus; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.2491 is hereby amended to read as follows:

      202.2491  1.  Except as otherwise provided in subsection 4, the smoking of tobacco in any form is prohibited if done in any:

      (a) Public elevator.

      (b) Public building.

      (c) Public waiting room, lobby or hallway of any:


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ê1991 Statutes of Nevada, Page 592 (Chapter 248, AB 324)ê

 

             (1) 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.

      (d) Hotel, motel or restaurant when so designated by the operator thereof.

      (e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.

      (f) Child care facility.

      (g) [A bus] Bus used by the general public, other than a chartered bus.

      (h) School bus.

      2.  The person in control of an area listed in paragraph (c), (d), (e), (f) or (g) of subsection 1:

      (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

      (b) May designate separate rooms or portions of the area which may be used for smoking.

      3.  The person in control of a public building:

      (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

      (b) Shall, except as otherwise provided in this subsection, designate a separate room or an area which may be used for smoking.

A school district which prohibits the use of tobacco by pupils need not designate a room or area which may be used by the pupils to smoke.

      4.  The smoking of tobacco is not prohibited in any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

      5.  The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.

      6.  As used in this section:

      (a) “Child care facility” means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.

      (b) “Public building” means any building owned by:

             (1) Any component of the University of Nevada System and used for any university purpose.

             (2) The State of Nevada or any county, city, school district or other political subdivision of the state and used for any public purpose.

      (c) “School bus” has the meaning ascribed to it in NRS 483.160.

 

________


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ê1991 Statutes of Nevada, Page 593ê

 

CHAPTER 249, AB 330

Assembly Bill No. 330–Committee on Judiciary

CHAPTER 249

AN ACT relating to securities; making various changes to the Uniform Securities Act; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The attorney general may investigate and prosecute any violation of a provision of this chapter, a regulation adopted pursuant to this chapter, an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the administrator.

      2.  The district attorney of the appropriate county may prosecute any such violation:

      (a) At the request of the attorney general; or

      (b) If the attorney general does not prosecute such a violation.

      Sec. 2.  NRS 90.280 is hereby amended to read as follows:

      90.280  “Sale” includes every contract of sale, contract to sell, or other disposition, of a security or interest in a security for value. “Sell” has a corresponding meaning. In this context:

      1.  “Offer to sell” includes every attempt or offer to dispose of, or solicitation of an offer to purchase, a security or interest in a security for value.

      2.  “Offer to purchase” includes, every attempt or offer to obtain, or solicitation of an offer to sell, a security or interest in a security for value, but the term does not include a transaction that is subject to section 14(d) of the Securities Exchange Act of 1934.

      3.  A security given or delivered with, or as a bonus on account of, a purchase of securities or other item is considered to constitute a part of the subject of the purchase and to have been offered for sale and sold for value.

      4.  A gift of assessable stock is deemed to involve an offer and sale.

      5.  A sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, or a sale or offer of a security that gives the holder a present or future right or privilege to convert into another security of the same of another issuer, is deemed to include an offer of the other security.

      6.  The terms defined in this subsection do not include:

      (a) The creation of a security interest or a loan;

      (b) A stock dividend, whether the corporation distributing the dividend is the issuer of the stock or not, if [nothing] :

             (1) The distribution of the dividend is not for the purpose of evading the provisions of this chapter governing the registration of securities; and

             (2) Nothing of value is given by the stockholders for the dividend other than the surrender of a right to a cash or property dividend and each stockholder may elect to take the dividend in cash, property or stock; or


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ê1991 Statutes of Nevada, Page 594 (Chapter 249, AB 330)ê

 

      (c) An act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims or property interests, or partly in exchange and partly for cash.

      Sec. 2.5.  NRS 90.360 is hereby amended to read as follows:

      90.360  1.  An applicant for licensing shall pay a licensing fee, due annually in the following amounts:

      (a) Broker-dealer, $150.

      (b) Sales representative, [$50.] $55.

      (c) Investment adviser, $150.

      2.  The administrator by regulation may require licensing of branch offices and impose a fee for the licensing and an annual fee.

      3.  For the purpose of this section, a “branch office” means any place of business in this state other than the principal office in the state of the broker-dealer, from which one or more sales representatives transact business.

      Sec. 3.  NRS 90.380 is hereby amended to read as follows:

      90.380  1.  Unless a proceeding under NRS 90.420 has been instituted, the license of any broker-dealer, sales representative or investment adviser becomes effective 30 days after an application for licensing has been filed and is complete, including any amendment, if all requirements imposed pursuant to NRS 90.370 have been satisfied. An application or amendment is complete when the applicant has furnished information responsive to each applicable item of the application. The administrator may by order authorize an earlier effective date of licensing.

      2.  The license of a broker-dealer, sales representative or investment adviser is effective until terminated by revocation, suspension, expiration or withdrawal.

      3.  The license of a sales representative is only effective with respect to transactions effected on behalf of the broker-dealer or issuer for whom the sales representative is licensed.

      4.  A person shall not at any one time act as a sales representative for more than one broker-dealer or for more than one issuer, unless the administrator by regulation or order authorizes multiple licenses.

      5.  If a person licensed as a sales representative terminates association with a broker-dealer or issuer or ceases to be a sales representative, the sales representative and the broker-dealer or issuer on whose behalf the sales representative was acting shall promptly notify the administrator.

      6.  The administrator by regulation may authorize one or more special classifications of licenses as a broker-dealer, sales representative or investment adviser to be issued to applicants subject to limitations and conditions on the nature of the activities that may be conducted by persons so licensed.

      7.  The license of a broker-dealer, sales representative or investment adviser expires if the fee required by NRS 90.360 is not paid within 90 days after it is due. The division shall send written notice of the expiration to the last known address of the licensed person within 3 working days after the license expires.

      8.  A license that has expired may be reinstated retroactively if the licensed person pays the fee required by NRS 90.360, plus a fee for reinstatement in the amount of $25, within 30 days after the date of expiration. If the license is not reinstated within that time, it shall be deemed to have lapsed as of the date of expiration, and the licensed person must thereafter submit a new application for licensing if he desires to be relicensed.


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ê1991 Statutes of Nevada, Page 595 (Chapter 249, AB 330)ê

 

date of expiration, and the licensed person must thereafter submit a new application for licensing if he desires to be relicensed.

      Sec. 4.  NRS 90.420 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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


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ê1991 Statutes of Nevada, Page 596 (Chapter 249, AB 330)ê

 

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

      (g) Is or has been the subject of any of the following orders which [are currently effective and] were issued within the last 5 years [:] , unless the order has been vacated:

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

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

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

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

             (5) An order by the Commodities Futures Trading Commission denying, suspending or revoking registration under the Commodity Exchange Act;

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

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

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

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

      (l) Has failed to pay the proper registration fee within 30 days after being notified by the administrator of a deficiency, but the administrator shall vacate an order under this paragraph when the deficiency is corrected.]

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

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


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ê1991 Statutes of Nevada, Page 597 (Chapter 249, AB 330)ê

 

      Sec. 5.  NRS 90.480 is hereby amended to read as follows:

      90.480  1.  Securities for which a registration statement has been filed under the Securities Act of 1933 in connection with the offering of the securities may be registered by coordination.

      2.  A registration statement under this section must contain the following information and be accompanied by the following documents in addition to the information specified in subsection 4 of NRS 90.500 and the consent to service of process required by NRS 90.770:

      (a) [Two copies] One copy of the latest form of prospectus filed under the Securities Act of 1933;

      (b) If the administrator by regulation or order requires:

             (1) A copy of the articles of incorporation and bylaws, or their substantial equivalents, currently in effect;

             (2) A copy of any agreement with or among underwriters;

             (3) A copy of any indenture or other instrument governing the issuance of the security to be registered; and

             (4) A copy, specimen or description of the security;

      (c) If the administrator requests and subject to the provisions of NRS 90.730, any other information or copies of any other documents filed under the Securities Act of 1933; and

      (d) An undertaking to forward promptly and in any event not later than the first business day after the day they are forwarded to or filed with the Securities and Exchange Commission, all future amendments to the federal prospectus, other than an amendment that delays the effective date of the registration statement, whichever occurs first.

      3.  A registration statement under this section becomes effective when the federal registration statement becomes effective [if] and all the following conditions are satisfied:

      (a) No order is in effect, and no proceeding is pending, under NRS 90.510;

      (b) The registration statement has been on file with the administrator for at least 10 days, but if the registration statement is not filed with the administrator within 5 days after the initial filing under the Securities Act of 1933, the registration statement must have been on file with the administrator for 30 days or any shorter period as the administrator by regulation or order specifies; and

      (c) A statement of the maximum and minimum proposed offering prices and the maximum underwriting discounts and commissions has been on file for 2 full business days or any shorter period the administrator [by regulation or order] permits and the offering is made within those limitations.

      4.  The registrant shall promptly notify the administrator of the date and time when the federal registration statement became effective and the content of the price amendment, if any, and shall promptly file a post-effective amendment containing the information and documents in the price amendment.

      5.  Upon failure to receive the required notification and post-effective amendment with respect to the price amendment, the administrator may enter an order, retroactively denying effectiveness to the registration statement or suspending its effectiveness until the registrant complies with subsection 4. The administrator shall promptly notify the registrant of the issuance of the order.


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ê1991 Statutes of Nevada, Page 598 (Chapter 249, AB 330)ê

 

order. If the registrant proves compliance with the requirements of subsection 4 as to notice and post-effective amendment, the order is void as of its entry.

      6.  The administrator by regulation or order may waive either or both of the conditions specified in paragraphs (b) and (c) of subsection 3.

      7.  If the federal registration statement becomes effective before all the conditions in subsection 3 are satisfied and they are not waived, the registration statement automatically becomes effective when all the conditions are satisfied. If the registrant advises the administrator of the date when the federal registration statement is expected to become effective, the administrator shall promptly advise the registrant, at the registrant’s expense, whether all conditions are satisfied and whether the administrator then contemplates the institution of a proceeding under NRS 90.510, but the advice by the administrator does not preclude the institution of a proceeding for an order suspending the effectiveness of the registration statement. An order issued under this subsection is not retroactive.

      8.  The administrator by regulation or order may waive or modify the application of a requirement of this section if a provision or an amendment, repeal or other alteration of the provisions of the Securities Act of 1933 for the registration of securities or of the regulations adopted under that act renders the waiver or modification appropriate for further coordination of state and federal registration.

      Sec. 6.  NRS 90.500 is hereby amended to read as follows:

      90.500  1.  A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a broker-dealer licensed under this chapter.

      2.  Except as provided in subsection 3, a person filing a registration statement shall pay a filing fee of one-tenth of 1 percent of the maximum aggregate offering price at which the registered securities are to be offered in this state, but not less than $350 or more than $2,500. If a registration statement is withdrawn before the effective date or a pre-effective order is entered under NRS 90.510, the administrator shall retain the fee.

      3.  An open-end management company, a face amount certificate company or a unit investment trust, as defined in the Investment Company Act of 1940, may register an indefinite amount of securities under a registration statement. The registrant shall pay:

      (a) A fee of $500 at the time of filing; and

      (b) Within 60 days after the registrant’s fiscal year during which its statement is effective, a fee of $2,000, or file a report on a form the administrator adopts, specifying its sale of securities to persons in this state during the fiscal year and pay a fee of one-tenth of 1 percent of the aggregate sales price of the securities sold to persons in this state, but the latter fee [shall] must not be less than $350 or more than $2,500.

      4.  Except as otherwise permitted by subsection 3, a statement must specify:

      (a) The amount of securities to be offered in this state and the states in which a statement or similar document in connection with the offering has been or is to be filed; and


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ê1991 Statutes of Nevada, Page 599 (Chapter 249, AB 330)ê

 

      (b) Any adverse order, judgment or decree entered by a securities agency or administrator in any state or by a court or the Securities and Exchange Commission in connection with the offering.

      5.  A document filed under this chapter as now or previously in effect, within 5 years before the filing of a registration statement, may be incorporated by reference in the registration statement if the document is currently accurate.

      6.  The administrator by regulation or order may permit the omission of an item of information or document from a statement.

      7.  In the case of a nonissuer offering, the administrator may not require information under NRS 90.510 or subsection 13 of this section unless it is known to the person filing the registration statement or to the person on whose behalf the offering is to be made, or can be furnished by one of them without unreasonable effort or expense.

      8.  In the case of a registration under NRS 90.480 to 90.490 by an issuer who has no public market for its shares and no significant earnings from continuing operations during the last 5 years or any shorter period of its existence, the administrator by regulation or order may require as a condition of registration that the following securities by deposited in escrow for not more than 3 years:

      (a) A security issued to a promoter within the 3 years immediately before the offering or to be issued to a promoter for a consideration substantially less than the offering price; and

      (b) A security issued to a promoter for a consideration other than cash, unless the registrant demonstrates that the value of the noncash consideration received in exchange for the security is substantially equal to the offering price for the security.

The administrator by regulation may determine the conditions of an escrow required under this subsection, but the administrator may not reject a depository solely because of location in another state.

      9.  The administrator by regulation may require as a condition of registration under NRS 90.480 or 90.490 that the proceeds from the sale of the registered security in this state be impounded until the issuer receives a specified amount from the sale of the security. The administrator by regulation or order may determine the conditions of an impounding arrangement required under this subsection, but the administrator may not reject a depository solely because of its location in another state.

      10.  If a security is registered pursuant to NRS 90.470 or 90.480, the prospectus filed under the Securities Act of 1933 must be delivered to each purchaser in accordance with the requirements of that act for the delivery of a prospectus.

      11.  If a security is registered pursuant to NRS 90.490, an offering document containing information the administrator by regulation or order designates must be delivered to each purchaser with or before the earliest of:

      (a) The first written offer made to the purchaser by or for the account of the issuer or another person on whose behalf the offering is being made or by an underwriter or broker-dealer who is offering part of an unsold allotment or subscription taken by it as a participant in the distribution;


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ê1991 Statutes of Nevada, Page 600 (Chapter 249, AB 330)ê

 

      (b) Confirmation of a sale made by or for the account of a person named in paragraph (a);

      (c) Payment pursuant to a sale; or

      (d) Delivery pursuant to a sale.

      12.  [A] Except for a registration statement under which an indefinite amount of securities are registered as provided in subsection 3, a statement remains effective for 1 year after its effective date unless the administrator by regulation extends the period of effectiveness. A registration statement under which an indefinite amount of securities are registered remains effective until 60 days after the beginning of the registrant’s next fiscal year following the date the statement was filed. All outstanding securities of the same class as a registered security are considered to be registered for the purpose of a nonissuer transaction while the registration statement is effective, unless the administrator by regulation or order provides otherwise. A registration statement may not be withdrawn after its effective date if any of the securities registered have been sold in this state, unless the administrator by regulation or order provides otherwise. No registration statement is effective while an order is in effect under subsection 1 of NRS 90.510.

      13.  During the period that an offering is being made pursuant to an effective registration statement, the administrator by regulation or order may require the person who filed the registration statement to file reports, not more often than quarterly, to keep reasonably current the information contained in the registration statement and to disclose the progress of the offering.

      14.  A registration statement filed under NRS 90.470 or 90.480 may be amended after its effective date to increase the securities specified to be offered and sold. The amendment becomes effective upon filing of the amendment and payment of an additional filing fee of 3 times the fee otherwise payable, calculated in the manner specified in subsection 2, with respect to the additional securities to be offered and sold. The effectiveness of the amendment relates back to the date or dates of sale of the additional securities being registered.

      15.  A registration statement filed under NRS 90.490 may be amended after its effective date to increase the securities specified to be offered and sold, if the public offering price and underwriters’ discounts and commissions are not changed from the respective amounts which the administrator was informed. The amendment becomes effective when the administrator so orders and relates back to the date of sale of the additional securities being registered. A person filing an amendment shall pay an additional filing fee of 3 times the fee otherwise payable, calculated in the manner specified in subsection 2, with respect to the additional securities to be offered and sold.

      Sec. 7.  NRS 90.520 is hereby amended to read as follows:

      90.520  1.  As used in this section:

      (a) “Guaranteed” means guaranteed as to payment of all or substantially all of principal and interest or dividends.

      (b) “Insured” means insured as to payment of all or substantially all of principal and interest or dividends.

      2.  Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:


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ê1991 Statutes of Nevada, Page 601 (Chapter 249, AB 330)ê

 

      (a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but his exemption does not include a security payable solely from revenues to be received from [a nongovernmental industrial or commercial] an enterprise unless the:

             (1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration under paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;

             (2) Security is issued by this state or an agency, instrumentality or political subdivision of this state; or

             (3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moody’s Investor Service, Inc., or Standard and Poor’s Corporation.

      (b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.

      (c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are issued by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.

      (d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state.

      (e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:

             (1) Subject to the jurisdiction of the Interstate Commerce Commission;

             (2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of that act;

             (3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or


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ê1991 Statutes of Nevada, Page 602 (Chapter 249, AB 330)ê

 

             (4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.

      (f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt under this section.

      (g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or other exchange designated by the administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.

      (h) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the national market system by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.

      (i) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option is:

             (1) Registered under NRS 90.470, 90.480 or 90.490;

             (2) Exempt under this section; or

             (3) Not otherwise required to be registered under this chapter.

      (j) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the administrator by order does not disallow the exemption within the next 5 full business days.

      (k) A promissory note, draft, bill of exchange or banker’s acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.

      (l) A security issued in connection with an employees’ stock purchase, savings, option, profit-sharing, pension or similar employees’ benefit plan.

      (m) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the public.


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ê1991 Statutes of Nevada, Page 603 (Chapter 249, AB 330)ê

 

      (n) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:

             (1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Adviser Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or

             (2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt under this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.

      3.  For the purpose of paragraph (n) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.

      4.  The exemption provided by paragraph (n) of subsection 2 is available only if the person claiming the exemption files with the administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this state and pays a fee of:

      (a) Two hundred and fifty dollars for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this state, in the case of an open-end management company; or

      (b) One hundred and fifty dollars for the initial claim of exemption in the case of a unit investment trust.

      5.  An exemption provided by paragraph (c), (e) to (i), inclusive, or (k) of subsection 2 is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the administrator and a nonrefundable fee of $150 has been paid.

      Sec. 8.  NRS 90.530 is hereby amended to read as follows:

      90.530  The following transactions are exempt from NRS 90.460 and 90.560:

      1.  An isolated nonissuer transaction, whether or not effected through a broker-dealer.

      2.  A nonissuer transaction in an outstanding security if the issuer of the security has a class of securities subject to registration under section 12 of the Securities Exchange Act of 1934 and has been subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 90 days next preceding the transaction, or has filed and maintained with the administrator for not less than 90 days preceding the transaction information, in such form as the administrator, by regulation, specifies, substantially comparable to the information the issuer would be required to file under section 12(b) or 12(g) of the Securities Exchange Act of 1934 were the issuer to have a class of its securities registered under section 12 of the Securities Exchange Act of 1934 and paid a fee with the filing of $150.


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ê1991 Statutes of Nevada, Page 604 (Chapter 249, AB 330)ê

 

1934 were the issuer to have a class of its securities registered under section 12 of the Securities Exchange Act of 1934 and paid a fee with the filing of $150.

      3.  A nonissuer transaction [in a security if a nationally recognized securities manual designated by the administrator by regulation or order contains:

      (a) The names of the issuer’s officers and directors;

      (b) A statement of financial condition of the issuer as of a date within the last 18 months; and

      (c) A statement of income or operations:

             (1) For each of the 2 years next preceding the date of the statement of financial condition; or

             (2) For the period as of the date of the statement of financial condition if the period of existence is less than 2 years.] by a sales representative licensed in this state, in an outstanding security if:

      (a) The security is sold at a price reasonably related to the current market price of the security at the time of the transaction;

      (b) The security does not constitute all or part of an unsold allotment to, or subscription or participation by, a broker-dealer as an underwriter of the security;

      (c) At the time of the transaction, a recognized securities manual designated by the administrator by regulation or order contains the names of the issuer’s officers and directors, a statement of the financial condition of the issuer as of a date within the preceding 18 months, and a statement of income or operations for each of the last 2 years next preceding the date of the statement of financial condition, or for the period as of the date of the statement of financial condition if the period of existence is less than 2 years;

      (d) The issuer of the security has not undergone a major reorganization, merger or acquisition within the preceding 30 days which is not reflected in the information contained in the manual; and

      (e) At the time of the transaction, the issuer of the security has a class of equity security listed on the New York Stock Exchange, American Stock Exchange or other exchange designated by the administrator, or on the National Market System of the National Association of Securities Dealers Automated Quotation System. The requirements of this paragraph do not apply if:

             (1) The security has been outstanding for at least 180 days;

             (2) The issuer of the security is actually engaged in business and is not developing his business, in bankruptcy or in receivership; and

             (3) The issuer of the security has been in continuous operation for at least 5 years.

      4.  A nonissuer transaction in a security that has a fixed maturity or a fixed interest or dividend provision if there has been no default during the current fiscal year or within the 3 preceding years, or during the existence of the issuer, and any predecessors if less than 3 years, in the payment of principal, interest or dividends on the security.

      5.  A nonissuer transaction effected by or through a registered broker-dealer pursuant to an unsolicited order or offer to purchase.


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ê1991 Statutes of Nevada, Page 605 (Chapter 249, AB 330)ê

 

      6.  A transaction between the issuer or other person on whose behalf the offering of a security is made and an underwriter, or a transaction among underwriters.

      7.  A transaction in a bond or other evidence of indebtedness secured by a real estate mortgage, deed of trust, personal property security agreement, or by an agreement for the sale of real estate or personal property, if the entire mortgage, deed of trust or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit.

      8.  A transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator.

      9.  A transaction executed by a bona fide secured party without the purpose of evading this chapter.

      10.  An offer to sell or sale of a security to a financial or institutional investor or to a broker-dealer.

      11.  [A] Except as otherwise provided in this subsection, a transaction pursuant to an offer to sell securities of an issuer if:

      (a) The transaction is part of an issue in which there are no more than 25 purchasers in this state, other than those designated in subsection 10, during any 12 consecutive months;

      (b) No general solicitation or general advertising is used in connection with the offer to sell or sale of the securities;

      (c) No commission or other similar compensation is paid or given, directly or indirectly, to a person, other than a broker-dealer licensed or not required to be licensed under this chapter, for soliciting a prospective purchaser in this state; and

      (d) One of the following conditions is satisfied:

             (1) The seller reasonably believes that all the purchasers in this state, other than those designated in subsection 10, are purchasing for investment; or

             (2) Immediately before and immediately after the transaction, the issuer reasonably believes that the securities of the issuer are held by 50 or fewer beneficial owners, other than those designated in subsection 10, and the transaction is part of an aggregate offering that does not exceed $500,000 during any 12 consecutive months.

The administrator by rule or order as to a security or transaction or a type of security or transaction, may withdraw or further condition the exemption set forth is this subsection or waive one or more of the conditions of the exemption.

      12.  An offer to sell or sale of a preorganization certificate or subscription if:

      (a) No commission or other similar compensation is paid or given, directly or indirectly, for soliciting a prospective subscriber;

      (b) No public advertising or general solicitation is used in connection with the offer to sell or sale;

      (c) The number of offers does not exceed 50;

      (d) The number of subscribers does not exceed 10; and

      (e) No payment is made by a subscriber.

      13.  An offer to sell or sale of a preorganization certificate or subscription issued in connection with the organization [or] of a depository institution if that organization is under the supervision of an official or agency of a state or of the United States which has and exercises the authority to regulate and supervise the organization of the depository institution.


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ê1991 Statutes of Nevada, Page 606 (Chapter 249, AB 330)ê

 

that organization is under the supervision of an official or agency of a state or of the United States which has and exercises the authority to regulate and supervise the organization of the depository institution. For the purpose of this subsection, “supervision of the organization by an official or agency” means that the official or agency by law has authority to require disclosures to prospective investors similar to those required under NRS 90.490, impound proceeds from the sale of a preorganization certificate or subscription until organization of the depository institution is completed, and require refund to investors if the depository institution does not obtain a grant of authority from the appropriate official or agency.

      14.  A transaction pursuant to an offer to sell to existing security holders of the issuer, including persons who at the time of the transaction are holders of transferable warrants exercisable within not more than 90 days after their issuance, convertible securities or nontransferable warrants, if:

      (a) No commission or other similar compensation other than a standby commission, is paid or given, directly or indirectly, for soliciting a security holder in this state; or

      (b) The issuer first files a notice specifying the terms of the offer to sell, together with a nonrefundable fee of $150, and the administrator does not by order disallow the exemption within the next 5 full business days.

      15.  A transaction involving an offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933 if:

      (a) A registration or offering statement or similar document as required under the Securities Act of 1933 has been filed, but is not effective;

      (b) A registration statement, if required, has been filed under this chapter, but is not effective; and

      (c) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the administrator or the Securities and Exchange Commission, and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.

      16.  A transaction involving an offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933 if:

      (a) A registration statement has been filed under this chapter, but is not effective; and

      (b) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the administrator and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.

      17.  A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties, if:

      (a) The securities to be distributed are registered under the Securities Act of 1933 before the consummation of the transaction; or

      (b) The securities to be distributed are not required to be registered under the Securities Act of 1933, written notice of the transaction and a copy of the materials, if any, by which approval of the transaction will be solicited, together with a nonrefundable fee of $150, are given to the administrator at least 10 days before the consummation of the transaction and the administrator does not, by order, disallow the exemption within the next 10 days.


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

ê1991 Statutes of Nevada, Page 607 (Chapter 249, AB 330)ê

 

together with a nonrefundable fee of $150, are given to the administrator at least 10 days before the consummation of the transaction and the administrator does not, by order, disallow the exemption within the next 10 days.

      18.  A transaction involving the offer to sell or sale of one or more promissory notes each of which is directly secured by a first lien on a single parcel of real estate, or a transaction involving the offer to sell or sale of participation interests in the notes if the notes and participation interests are originated by a depository institution and are offered and sold subject to the following conditions:

      (a) The minimum aggregate sales price paid by each purchaser may not be less than $250,000;

      (b) Each purchaser must pay cash either at the time of the sale or within 60 days after the sale; and

      (c) Each purchaser may buy for his own account only.

      19.  A transaction involving the offer to sell or sale of one or more promissory notes directly secured by a first lien on a single parcel of real estate or participating interests in the notes, if the notes and interests are originated by a mortgagee approved by the Secretary of Housing and Urban Development under sections 203 and 211 of the National Housing Act and are offered or sold, subject to the conditions specified in subsection 18, to a depository institution or insurance company, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association.

      20.  A transaction between any of the persons described in subsection 19 involving a nonassignable contract to buy or sell the securities described in subsection 18 if the contract is to be completed within 2 years and if:

      (a) The seller of the securities pursuant to the contract is one of the parties described in subsection 18 or 19 who may originate securities;

      (b) The purchaser of securities pursuant to a contract is any other person described in subsection 19; and

      (c) The conditions described in subsection 18 are fulfilled.

      21.  A transaction involving one or more promissory notes secured by a lien on real estate, or participating interests in those notes, by a mortgage company licensed pursuant to chapter 645B of NRS to engage in those transactions.

      Sec. 9.  NRS 90.620 is hereby amended to read as follows:

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

      2.  Except as otherwise provided in subsection [3] 4 of NRS 90.730, the administrator may publish information concerning a violation of this chapter or a regulation or order of the administrator under this chapter or concerning types of securities or acts or practices in the offer, sale or purchase of types of securities which may operate as a fraud or deceit.

      3.  For the purposes of an investigation or proceeding under this chapter the administrator or any officer or employee designated by the administrator by regulation or order may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence and require the production, by subpena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the administrator determines to be relevant or material to the investigation or proceeding.


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ê1991 Statutes of Nevada, Page 608 (Chapter 249, AB 330)ê

 

subpena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the administrator determines to be relevant or material to the investigation or proceeding. The administrator may require or permit a person to file a statement, under oath or otherwise as the administrator determines, as to the facts and circumstances concerning the matter to be investigated.

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

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

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

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

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

      Sec. 10.  NRS 90.640 is hereby amended to read as follows:

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

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

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

      [(b) A]

             (2) Impose a civil penalty up to a maximum of $2,500 for a single violation or of $25,000 for multiple violations in a single proceeding or a series of related proceedings;

      [(c) A]

             (3) Issue a declaratory judgment;

      [(d) Restitution]

             (4) Order restitution to investors;

      [(e) The]

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

      [(f) Other]

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


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ê1991 Statutes of Nevada, Page 609 (Chapter 249, AB 330)ê

 

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

      [(a)] (1) A temporary restraining order;

      [(b)] (2) A temporary or permanent injunction; or

      [(c)] (3) A writ of prohibition or mandamus.

      [3.] 2.  In determining the appropriate relief to grant, the court shall consider enforcement actions taken and sanctions imposed by the administrator under NRS 90.630 in connection with the transactions constituting violations of this chapter or a regulation or order of the administrator under this chapter.

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

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

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

      (b) Other relief as the court deems just.

      Sec. 11.  NRS 90.690 is hereby amended to read as follows:

      90.690  1.  In a civil action or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of [providing] proving the exemption or exception.

      2.  In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming it.

      Sec. 12.  NRS 90.730 is hereby amended to read as follows:

      90.730  1.  Except as otherwise provided in subsection 2, information and documents filed with or obtained by the administrator are public information and are available for public examination.

      2.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, the following information and documents do not constitute public information under subsection 1 and are confidential:

      (a) Information or documents obtained by the administrator in connection with an investigation concerning possible violations of this chapter; and

      (b) Information or documents filed with the administrator in connection with a registration statement filed under this chapter or a report under NRS 90.390 which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of privilege or confidentiality authorized by law.

      3.  The administrator may submit any information or evidence obtained in connection with an investigation to the attorney general or appropriate district attorney for the purpose of prosecuting a criminal action under this chapter.

      4.  The administrator may disclose any information obtained in connection with an investigation pursuant to NRS 90.620 to the agencies and administrators specified in subsection 1 of NRS 90.740 but only if disclosure is provided for the purpose of a civil, administrative or criminal investigation or proceeding, and the receiving agency or administrator represents in writing that under applicable law protections exist to preserve the integrity, confidentiality and security of the information.


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ê1991 Statutes of Nevada, Page 610 (Chapter 249, AB 330)ê

 

for the purpose of a civil, administrative or criminal investigation or proceeding, and the receiving agency or administrator represents in writing that under applicable law protections exist to preserve the integrity, confidentiality and security of the information.

      [4.] 5.  This chapter does not create any privilege or diminish any privilege existing at common law, by statute, regulation or otherwise.

      Sec. 13.  NRS 90.750 is hereby amended to read as follows:

      90.750  1.  The administrator may adopt regulations further defining such words and terms as are necessary for an understanding of the provisions of this chapter and any regulations adopted pursuant thereto.

      2.  To keep regulations adopted by the administrator in harmony with the regulations adopted by the Securities and Exchange Commission under the federal securities laws and to encourage uniformity with the regulations of securities agencies and administrators in other states, the administrator, so far as is consistent with this chapter, shall take into consideration the regulations adopted by the Securities and Exchange Commission and the regulations of securities agencies and administrators in other states that enact a law comparable to this chapter.

      [2.] 3.  Unless other criteria are specifically provided in this chapter or special provision is made for an emergency, a regulation or order may not be adopted or entered unless the administrator determines from evidence adduced at a public hearing and entered in the record, showing specifically how the applicable criteria are satisfied, that the action is:

      (a) In the public interest and appropriate for the protection of investors; and

      (b) Consistent with the purposes fairly intended by the provisions of this chapter.

      [3.] 4.  The administrator may use his own experience, technical competence, specialized knowledge, and judgment in the adoption of a regulation.

      [4.] 5.  The administrator by regulation or order may prescribe:

      (a) The form and content of financial statements required under this chapter;

      (b) The circumstances under which consolidated financial statements must be filed; and

      (c) Whether a required financial statement must be certified and by whom. Unless the administrator by regulation or order provides otherwise, a financial statement required under this chapter must be prepared in accordance with generally accepted accounting principles or other accounting principles as are prescribed for the issuer of the financial statement by the Securities and Exchange Commission.

      Sec. 14.  NRS 90.800 is hereby amended to read as follows:

      90.800  1.  As an alternative to the provisions of chapter 233B of NRS for contested cases, the administrator may commence a proceeding under NRS 90.420 , [or] 90.510 or 90.550 by entering a summary order. This order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but must be in writing.

      2.  Upon entry of summary order the administrator shall promptly notify in writing all parties against whom action is taken or contemplated that the summary order has been entered and the reasons therefor. The administrator shall send all parties against whom action is taken a notice of opportunity for hearing on the matters set forth in the order.


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

ê1991 Statutes of Nevada, Page 611 (Chapter 249, AB 330)ê

 

shall send all parties against whom action is taken a notice of opportunity for hearing on the matters set forth in the order. The notice must state that the parties have 15 days after receipt of the notice to mail a written request for a hearing to the administrator.

      3.  The administrator shall set the matter for hearing no more than 60 nor less than 15 days from the receipt of the request for hearing, and shall promptly notify the parties of the time and place for hearing. The time of the hearing may be continued upon the written request of the licensee for good cause shown.

      4.  The administrator may by order make a summary order final:

      (a) Fifteen days after a party against whom action is taken or contemplated receives notice of the right to request a hearing if that party fails to request a hearing; or

      (b) If a party fails to appear at the hearing on the date set for a hearing.

      5.  If a hearing is requested, the administrator may:

      (a) Extend the summary order until final determination of the matter; or

      (b) After further notice of the opportunity for prior hearing to all parties against whom action is taken or contemplated, modify or vacate the summary order.

      6.  Notice is complete upon delivery personally to the party or by mailing by certified mail to the last known address of the party. If the party is a sales representative, the administrator shall also notify the broker-dealer with whom he is associated of the action by certified mail.

      Sec. 15.  NRS 90.850 is hereby amended to read as follows:

      90.850  1.  The revolving fund for investigation and enforcement actions involving securities is hereby created as a special revenue fund. All money received by the administrator as the result of an action for enforcement of the provisions of this chapter must be deposited in the state treasury for credit to the fund.

      2.  The division shall use the money in the fund to pay the expenses involved in [the] :

      (a) The investigation of fraud involving securities [and in actions] ;

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

      (c) Providing educational programs for the public.

      3.  Expenses may be advanced from the fund by the administrator.

      Sec. 16.  NRS 91.300 is hereby amended to read as follows:

      91.300  1.  The administrator may make investigations, within or outside of this state, as he finds necessary or appropriate to:

      (a) Determine whether any person has violated, or is about to violate, any provision of this chapter or any regulation or order of the administrator; or

      (b) Aid in the enforcement of this chapter.

      2.  The administrator may publish information concerning any violation of this chapter or any regulation or order of the administrator.

      3.  For the purposes of any investigation or proceeding under this chapter, the administrator, or an officer or employee designated by the administrator, may administer oath and affirmations, subpena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the administrator finds to be relevant or material to the inquiry.


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

ê1991 Statutes of Nevada, Page 612 (Chapter 249, AB 330)ê

 

      4.  If a person does not give testimony or produce the documents required by the administrator or a designated officer or employee pursuant to an administrative subpena, the administrator or designated officer or employee may apply for a court order compelling compliance with the subpena or the giving of the required testimony.

      5.  The request for an order of compliance may be addressed to either:

      (a) The district court for the first judicial district;

      (b) The district court for any judicial district where service may be obtained on the person refusing to testify or produce, if the person is within this state; or

      (c) The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside of this state.

      6.  If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter had the activities occurred in this state, the administrator may issue and apply to enforce subpenas, in the manner set forth in subsection 5, in this state at the request of a securities agency or administrator of another state.

      Sec. 17.  Section 7 of the act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 250, SB 85

Senate Bill No. 85–Committee on Judiciary

CHAPTER 250

AN ACT relating to crimes; clarifying that for the purpose of enhancing punishment for sexual assault, bodily injury may have occurred in connection with or as a part of the sexual assault; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.366 is hereby amended to read as follows:

      200.366  1.  A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the victim’s will or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.

      2.  Any person who commits a sexual assault shall be punished:

      (a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault:

             (1) By imprisonment in the state prison for life, without possibility of parole; or

             (2) By imprisonment in the state prison for life with possibility of parole, eligibility for which begins when a minimum of 10 years has been served.

      (b) If no substantial bodily harm to the victim results:


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

ê1991 Statutes of Nevada, Page 613 (Chapter 250, SB 85)ê

 

             (1) By imprisonment in the state prison for life, with possibility of parole, beginning when a minimum of 5 years has been served; or

             (2) By imprisonment in the state prison for any definite term of 5 years or more, with eligibility for parole beginning when a minimum of 5 years has been served.

      (c) If the victim was a child under the age of 14 years, by imprisonment in the state prison for life with possibility of parole, eligibility for which begins when a minimum of 10 years has been served.

      3.  The trier of fact in a trial for sexual assault shall determine whether substantial bodily harm has been inflicted on the victim in connection with or as a part of the sexual assault, and if so, the sentence to be imposed upon the perpetrator.

 

________

 

 

CHAPTER 251, SB 171

Senate Bill No. 171–Committee on Natural Resources

CHAPTER 251

AN ACT relating to water systems; requiring operators of certain public water systems to be certified by the state board of health; authorizing the board to appoint an advisory board to assist in matters related to the certification of such operators; requiring the state board of health to adopt related regulations; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  “Operator” means a person regularly in charge of the day to day operations of a public water system.

      Sec. 4.  The state board of health may appoint an advisory board to act in an advisory capacity in matters relating to the certification of operators of public water systems. Each member of the advisory board must:

      1.  Serve without compensation; and

      2.  Be a member of the American Water Works Association.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  1.  A person shall not act as an operator of a public water system which:

      (a) Serves 100 or more persons at places which are intended for occupancy throughout the year;

      (b) Is designated by the health division as being supplied by surface water; or

      (c) Is designated by the health division as being supplied by ground water that is under the direct influence of surface water,

unless he has obtained a certificate to operate a public water system from the state board of health.


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

ê1991 Statutes of Nevada, Page 614 (Chapter 251, SB 171)ê

 

      2.  An operator may be certified to operate more than one public water system.

      3.  No provision of this section requires that a certified operator be on site at a public water system during all hours of operation.

      Sec. 7.  1.  The state board of health shall adopt regulations to establish:

      (a) A system of classification of operators of public water systems who are required to be certified pursuant to section 6 of this act;

      (b) Requirements for certification for each class of operator; and

      (c) Reasonable fees for issuing and renewing certificates.

      2.  The fees so collected must only be used to:

      (a) Defray the cost of issuing and renewing certificates; and

      (b) Pay any expenses incurred by the state board of health in carrying out its duties relating to operators of public water systems.

      3.  The state board of health shall establish and administer examinations to determine the eligibility of any person who applies for certification. An applicant is entitled to certification upon satisfaction of the requirements of the state board of health and payment of the applicable fee. The state board of health may enter into a contract with the American Water Works Association to carry out or assist the board in carrying out the provisions of this subsection.

      4.  The state board of health shall grant such certification, without examination, to an applicant who holds current certification by the California/Nevada section of the American Water Works Association.

      Sec. 8.  NRS 445.363 is hereby amended to read as follows:

      445.363  As used in NRS 445.361 to 445.399, inclusive, sections 3 to 7 inclusive, of this act, and sections 2 to 9, inclusive, of [this act,] Senate Bill No. 172 of this session, unless the context otherwise requires, the terms defined in NRS 445.366 to 445.377, inclusive, section 3 of this act, and section 2 of [this act] Senate Bill No. 172 of this session have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 445.381 is hereby amended to read as follows:

      445.381  [The] In addition to the regulations required to be adopted pursuant to section 7 of this act, the state board of health:

      1.  Shall adopt regulations establishing procedures for a system of permits to operate water systems which are constructed on or after July 1, 1991.

      2.  May adopt such other regulations as may be necessary to govern the construction, operation and maintenance of public water systems if those activities affect the quality of water, but the regulations do not supersede any regulation of the public service commission of Nevada.

      3.  May establish by regulation a system for the issuance of operating permits for suppliers of water and set a reasonable date after which a person shall not operate a public water system constructed before July 1, 1991, without possessing a permit issued by a health authority.

      Sec. 10.  NRS 445.387 is hereby amended to read as follows:

      445.387  1.  The state health officer and health authorities shall:

      (a) Enforce the provisions of NRS 445.361 to 445.399, inclusive, sections 3 to 7, inclusive, of this act, sections 2 to 9 inclusive, of [this act,] Senate Bill No. 172 of this session, and regulations adopted pursuant thereto; and


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

ê1991 Statutes of Nevada, Page 615 (Chapter 251, SB 171)ê

 

      (b) Make such investigations and inspections as are necessary to ensure compliance with those sections and regulations.

      2.  Any representative of a health authority may enter the property of any public water system at any reasonable time for the purpose of inspecting and investigating the adequacy and sanitary condition of the system and the quality of its water.

      3.  Except in an emergency, a health authority shall notify and permit the supplier of water to be present when an inspection or investigation is being conducted.

      Sec. 11.  NRS 445.395 is hereby amended to read as follows:

      445.395  1.  A health authority may apply to a court of competent jurisdiction to enjoin the continuance or occurrence of any act or practice which violates the provisions of NRS 445.361 to 445.399, inclusive, sections 3 to 7, inclusive, of this act, sections 2 to 9, inclusive, of [this act,] Senate Bill No. 172 of this session, or of any regulation adopted or order issued pursuant thereto.

      2.  On a showing by the health authority that such a violation has occurred or will occur, the court may issue, without bond, such prohibitory or mandatory injunction as the facts may warrant.

      Sec. 12.  NRS 445.397 is hereby amended to read as follows:

      445.397  1.  Any supplier of water who willfully:

      (a) Violates any standard established pursuant to NRS 445.379;

      (b) Violates or fails to comply with an emergency order issued pursuant to NRS 445.389;

      (c) Violates any condition imposed by the state board of health upon granting a variance or exemption under NRS 445.391; or

      (d) Fails to give a notice as required by NRS 445.393,

shall pay a civil penalty of not more than $5,000 for each day of such violation.

      2.  The civil penalties prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445.361 to 445.399, inclusive, sections 3 to 7, inclusive, of this act, and sections 2 to 9, inclusive, of [this act.] Senate Bill No. 172 of this session.

      Sec. 13.  NRS 445.399 is hereby amended to read as follows:

      445.399  Any person who violates the provisions of NRS 445.361 to 445.399, inclusive, sections 3 to 7, inclusive, of this act, sections 2 to 9, inclusive, of [this act,] Senate Bill No. 172 of this session, or any regulation adopted by the state board of health pursuant to those provisions is guilty of a misdemeanor. Each day of violation constitutes a separate offense.

      Sec. 14.  The state board of health shall issue, without examination, to an operator who, on July 1, 1992, is in charge of a public water system which is not designated by the health division of the department of human resources as being supplied by surface water or as being supplied by ground water that is under the direct influence of surface water, a provisional certificate to operate a public water system for the appropriate classification. The provisional certificate must be valid:

      1.  For the period that the operator remains employed in that position.

      2.  Only at public water systems where he is employed on July 1, 1992.


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

ê1991 Statutes of Nevada, Page 616 (Chapter 251, SB 171)ê

 

      Sec. 15.  1.  This section and sections 1 to 5, inclusive, 8, and 10 to 14, inclusive, of this act become effective on October 1, 1991.

      2.  Sections 7 and 9 of this act become effective on January 1, 1992.

      3.  Section 6 of this act becomes effective on July 1, 1992.

 

________

 

 

CHAPTER 252, SB 259

Senate Bill No. 259–Senator Adler

CHAPTER 252

AN ACT relating to banks; limiting the prohibition against the payment by a bank of a commission or fee for the sale of its stock; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 659.075 is hereby amended to read as follows:

      659.075  1.  Subject to subsection 2, the capital stock of every bank must be fully paid in, in cash, before it is authorized by the commissioner to commence business. The full payment in cash of the capital stock must be certified to the commissioner under oath by the president and cashier of the bank.

      2.  [The] Except for any commission or fee not otherwise prohibited by this subsection, the stock sold by any bank in process of organization, or for an increase of the capital stock, must be accounted for to the bank in the full amount paid for it. No commission or fee may be paid to any person, association or corporation for selling [such stock.] stock by any bank in process of organization. The commissioner shall refuse [any] such a bank the authority to commence business if commissions or fees have been paid, or have been contracted to be paid by the bank, or by anyone in its behalf, to any person, association or corporation for securing subscriptions for or selling stock in [such] the bank.

 

________


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

ê1991 Statutes of Nevada, Page 617ê

 

CHAPTER 253, AB 73

Assembly Bill No. 73–Committee on Judiciary

CHAPTER 253

AN ACT relating to gaming; providing a penalty for the late payment of license fees to a county; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.390 is hereby amended to read as follows:

      463.390  1.  Any person, firm, association or corporation desiring to conduct, operate or carry on any gambling game, slot machine or any game of chance must, upon proper application to the sheriff if there is no county license department or to that department of the county wherein it is proposed that the slot machine, game or games be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:

      (a) The person, firm, association or corporation so applying must furnish a complete description of the particular room and premises in which the applicant desires to carry on or conduct the slot machine, device or game, together with the location of the building, its street number, if any, and any other information by which it may be definitely and readily located and recognized.

      (b) The applicant must state definitely the particular type of slot machine or the particular game or device which the applicant desires to carry on or conduct in the room and premises, and the slot machine, game or device must be specifically described in and entered upon the license.

      (c) Card games, that is, stud and draw poker, bridge, whist, solo, and panguingui for money, must be licensed independently of other games mentioned in this section, regardless of locality or population, at the rate of $25 per table per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable 3 months in advance.

      (d) A license fee of $50 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, must be paid to the sheriff or county license department for each license issued for a game or device except for slot machines and games as otherwise provided for in this section. For each money slot machine the license fee is $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance. When a combination of units are operated by one handle, the license fee is $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, for each unit paying in identical denominations operated thereby.

      (e) The license entitles the holder to carry on or operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.


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

ê1991 Statutes of Nevada, Page 618 (Chapter 253, AB 73)ê

 

device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.

      2.  The licensee is entitled to operate two or more slot machines, games or devices in the same room by paying the license fee provided for in this section for each slot machine, game or device and otherwise complying with the terms of this section.

      3.  Except as otherwise provided in subsection 4 or NRS 463.400, any person failing to pay any license fees due to a county at the times respectively provided in this chapter must pay in addition to the license fees a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees are less than 10 days late and in no case more than $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.

      4.  A county may waive all or part of any penalty due pursuant to subsection 3 if the board of county commissioners issues a written finding that the license fees were not paid in a timely manner as a result of circumstances beyond the licensee’s control.

      5.  Where the operator of a slot machine route is contractually responsible for the payment of license fees for a particular establishment which holds a restricted license, the operator is also responsible for the payment of any penalties imposed for late payment of those license fees. In such a case, the owner of the establishment is not responsible for the payment of any penalties so imposed.

 

________

 

 

CHAPTER 254, AB 149

Assembly Bill No. 149–Committee on Government Affairs

CHAPTER 254

AN ACT relating to purchasing; making various changes relating to the purchasing division of the department of general services; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 332.135 is hereby amended to read as follows:

      332.135  1.  Nothing in this chapter prohibits a governing body or its authorized representative from contracting for interstate or intrastate carriage of persons or property with a certificated common or contract carrier at the rates set forth in the officially approved tariff of such carrier.

      2.  Nothing in this section prohibits a governing body or its authorized representative from soliciting informal rate quotations.

      3.  Nothing in this chapter prohibits a governing body or its authorized representative from obtaining supplies, materials, equipment or services on a voluntary basis from the purchasing division of the department of general services pursuant to NRS 333.470.


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

ê1991 Statutes of Nevada, Page 619 (Chapter 254, AB 149)ê

 

      Sec. 2.  Chapter 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.

      Sec. 3.  1.  The chief may designate the method of obtaining a contract, including:

      (a) An invitation for a bid;

      (b) A request for a proposal;

      (c) A request for a quotation; or

      (d) Any other accepted method of purchasing that complies with the requirements of this chapter.

      2.  The chief shall adopt regulations governing the various methods of obtaining a contract.

      Sec. 4.  1.  The chief may request that a certified check, cashier’s check or bond, in an amount not to exceed 5 percent of the total value of the bid or proposal, accompany a bid or proposal, if the request applies to each person who submits a bid or proposal.

      2.  No division or department of the state is liable for any expense incurred by or loss of income sustained by any person because of a request made pursuant to subsection 1.

      Sec. 5.  1.  Any person who has entered into a contract with the purchasing division and who does not perform according to the terms of the contract is liable for, in addition to any other applicable damages for breach of contract, a penalty of not more than 5 percent of the total value of the bid. The penalty must be recovered in a civil action upon the complaint of the chief in any court of competent jurisdiction. In addition to recovering the penalty and any other applicable damages, the chief may remove the person from the list of bidders and refuse to accept a bid from him for not more than 2 years.

      2.  If the chief does not bring an action to recover the penalty prescribed by subsection 1, he may:

      (a) Remove the person from the list of bidders and refuse to accept a bid from him for not more than 2 years; and

      (b) Impose an administrative penalty, in an amount not to exceed 5 percent of the total value of the bid. Such a penalty may be recovered only after notice is given to the person by mail.

      3.  A penalty imposed pursuant to subsection 1 or 2 may be deducted from any payment due the person or, if a bond has been issued or a check received, a claim may be made against the bond or check. If no payment is due and no bond was issued or check received, the chief may issue a claim for payment of the penalty. The claim must be paid within 30 days.

      Sec. 6.  1.  After receiving proposals and before making an award, the chief shall consider:

      (a) The best interests of the State of Nevada;

      (b) The experience and financial stability of the person submitting a proposal;

      (c) Whether the proposal conforms with the terms of the request for proposals;

      (d) The price of the proposal; and

      (e) Any other factor disclosed in the request for proposals.

      2.  The chief shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the purchasing division.


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

ê1991 Statutes of Nevada, Page 620 (Chapter 254, AB 149)ê

 

disclosed before the date proposals are required to be submitted to the purchasing division.

      Sec. 7.  NRS 333.130 is hereby amended to read as follows:

      333.130  The chief, as executive head of the purchasing division [, shall] :

      1.  Shall direct and supervise all its administrative and technical activities.

      2.  May adopt regulations necessary for the administration of this chapter.

      Sec. 8.  NRS 333.180 is hereby amended to read as follows:

      333.180  1.  The chief shall collect, classify and keep on file accurate information concerning [the] :

      (a) The sources, grades, qualities and costs of the various kinds of supplies, materials and equipment required by the state [, together with the] ; and

      (b) The names and addresses of the persons [or firms] from whom commodities of the various classes [may be procured.] are available.

      2.  The record of sources of commodities [shall] must be maintained on [forms, which shall] a form, which must be filed in alphabetical order by [names of commodities.] the name of the commodity. On the face of each form the name of the commodity and a brief description of it [shall] must be recorded, and on the reverse side a list of the dealers from whom the commodity [may be purchased shall] is available must be recorded.

      [2.] 3.  A record of dealers [shall] must be maintained on [forms, which shall] a form, which must be filed by the [names] name of the [dealers] dealer in alphabetical order. On each form the following information must be recorded:

      (a) The name and address of each dealer [and a] ; and

      (b) A condensed description of the principal kinds of commodities in which he deals . [shall be recorded, with notations as to the financial responsibility of each dealer, his delivery facilities, records of past dealings, if any, and other references which may assist the chief in requesting quotations and awarding orders.

      3.] 4.  The records [shall] must be revised and supplemented from time to time. The chief may remove from the records the name of any dealer who does not respond to a request for a bid or proposal.

      Sec. 9.  NRS 333.190 is hereby amended to read as follows:

      333.190  1.  The chief shall provide for inspection of all commodities purchased . [and for rejection of any not in conformity with specifications. Receiving reports shall]

      2.  If, before final acceptance, any equipment, material, supply or service is found to be defective or not as specified, the chief may:

      (a) Reject it and require the seller to correct the defect without charge; or

      (b) Require delivery of the equipment, material, supply or service at a reduction in cost.

      3.  A receiving report must be submitted by a using [agencies in certification of] agency to certify the receipt of commodities [showing] and must show the quantity and qualify delivered. [No] A claim for payment for commodities [shall] must not be passed for payment without certification.

      Sec. 10.  NRS 333.220 is hereby amended to read as follows:

      333.220  1.  The chief shall:


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

ê1991 Statutes of Nevada, Page 621 (Chapter 254, AB 149)ê

 

      (a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.

      (b) Establish [or cause to be established an adequate] a scheme for identification of all such property and equipment.

      (c) [Cause adequate] Maintain records of [that] the equipment and property . [to be maintained.

      (d) Determine]

      (d) Except as otherwise provided in this paragraph, determine which items of property and equipment must be listed by each using agency pursuant to subsection 4 . [, except that any] Any item which had an original cost of $500 or more and which has a useful life of more than 2 years must be included on the list.

      2.  Each using agency shall submit a list on or before the last day of each month to the purchasing division and the department of administration of all equipment for which it is responsible which was lost, stolen, exchanged or deemed excess and all property which was donated to the using agency within the previous month. The list must be prepared by the officer entrusted with custody of the equipment and be approved by the officer’s supervisor or the head of his department or agency. A monthly physical count is not required for the preparation of the list.

      3.  The chief may transfer any tool, implement, machinery or other equipment in the possession of any using agency, [when] if that equipment is not necessary for the use of the agency, to [such other agency or agencies as may have need for it.] another agency.

      4.  The records of property and equipment of the state must be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between those officers. Each using agency shall conduct an annual physical count of all property and equipment charged to it and [shall] reconcile the results of the annual physical count with the records of inventory maintained by the chief. The chief shall maintain the current records of inventory for each state agency.

      5.  The chief shall adopt regulations [of the chief must prescribe] which:

      (a) Prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, [by sale or otherwise, when] if of no further use to the state.

      (b) Except as otherwise provided in subsection 6, [the regulations must] provide that [no] property may be sold [otherwise than] only to the highest bidder after every effort has been made to secure at least three competitive bids . [and]

      (c) Provide that [no] condemned property [of] with an appraised value over $1,000 may be sold [except] only through a notice published in a newspaper circulated in the area in which the sale is made.

      6.  Before accepting other bids, the chief shall:

      (a) Offer a used [vehicles] vehicle of the highway patrol to the using agencies and [shall] sell the [vehicles] vehicle to the highest bidder, if any, from the using agencies.

      (b) Offer any used [vehicles] vehicle of the highway patrol which [were] was not purchased by a using agency pursuant to paragraph (a) to the office of the sheriff of each county and to the police [departments] department of each city in the state and [shall] sell the [vehicles] vehicle to the highest bidder, if any, from those offices or departments.


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

ê1991 Statutes of Nevada, Page 622 (Chapter 254, AB 149)ê

 

city in the state and [shall] sell the [vehicles] vehicle to the highest bidder, if any, from those offices or departments.

[Bids] A bid and acceptance thereof must be made in accordance with regulations [established] adopted by the chief.

      Sec. 11.  NRS 333.280 is hereby amended to read as follows:

      333.280  1.  The chief may enter into [contracts,] a contract using a standard form of contract, by advertising [therefor in the manner provided by law,] in accordance with the provisions of NRS 333.310, for the furnishing of supplies, materials and equipment for [a period of] not more than 1 year . [, on a standard form of contract.]

      2.  The original terms of [such] a contract may be extended from year to year if the conditions for extension are specified in the original [bid,] solicitation, and the chief determines that an extension is in the best interest of the state.

      Sec. 12.  NRS 333.310 is hereby amended to read as follows:

      333.310  1.  [The advertisements] An advertisement must contain a general [descriptions] description of the classes of commodities or services for which [bids are] a bid or proposal is wanted and must state:

      (a) The [names and locations] name and location of the [departments, agencies, local governments, districts or institutions] department, agency, local government, district or institution for which the [purchases are] purchase is to be made.

      (b) Where and how specifications and quotation forms may be obtained.

      (c) The date and time not later than which [bids] responses must be [filed.] received by the purchasing division.

      (d) The date and time when [bids] responses will be opened.

The chief or his designated agent shall [pass upon] approve the copy for the advertisement.

      2.  Each [such] advertisement must be published in at least one [or more newspapers] newspaper of general circulation in the state. The selection of the [newspapers] newspaper to carry [such advertising] the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.

      Sec. 13.  NRS 333.350 is hereby amended to read as follows:

      333.350  1.  [Contracts] A contract may be awarded for separate items or portions or groups of items , or for separate portions or groups of portions of a project, as the best interest of the state [may require.] requires.

      2.  If, in the judgment of the chief, no satisfactory [bid] :

      (a) Bid has been received , [in any case] he may reject all bids and shall promptly advertise for new bids as provided in this chapter. Until a satisfactory contract is awarded, he may make as many open market purchases of the commodities involved as [may be] are urgently needed to meet the requirements.

      (b) Proposal has been received, he may reject all proposals and may advertise for new proposals as provided in this chapter.

      3.  The chief may allow a [bidder] person to withdraw his bid or proposal without penalty if:

      (a) The chief believes that an obvious error has been made by the [bidder] person which would cause [the bidder] him financial hardship; and


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

ê1991 Statutes of Nevada, Page 623 (Chapter 254, AB 149)ê

 

      (b) The contract has not yet been awarded.

      4.  Each bid or proposal and the name of the [bidder] person making the bid or proposal must be entered on a [bid record, and each] record. The record, with the name of the successful bidder or proposer indicated thereon, must, after the award of the contract, be open to public inspection.

      Sec. 14.  NRS 333.360 is hereby amended to read as follows:

      333.360  1.  A bond furnished by a surety company authorized to do business in this state may be required by the chief for the proper performance of the contract. The chief may request a certified check, [cash] cashier’s check or bond [of 5 percent of the total amount of the bid submitted, provided such request shall apply to each bidder.] , in an amount not to exceed the total amount of the contract, before entering into a contract with a person who submits a successful bid or proposal.

      2.  No division or department of the state is liable for any expense incurred by or loss of income sustained by any person because of a request made pursuant to subsection 1.

      Sec. 15.  NRS 333.370 is hereby amended to read as follows:

      333.370  1.  Any [unsuccessful bidder] person who makes an unsuccessful bid or proposal may file a notice of appeal within 10 days after the date of award as entered on the bid record by posting bond with good and solvent surety or submitting a certified check or cashier’s check to the division in an amount equal to 25 percent of the successful bid submitted. A bond must be furnished by a surety authorized to do business in this state. Within 10 days after receipt of the notice of appeal, the director shall hold a hearing on the appeal and may cancel the award for lack of compliance with the provisions of this chapter. [Any such] A cancellation requires readvertising for bids and a new award [under] in accordance with the provisions of this chapter.

      2.  Any notice of appeal [under] filed in accordance with the provisions of this section operates as a stay of action in relation to any contract [under such award] until a determination is made on appeal.

      3.  The chief may make as many open market purchases of the commodities as [may be] are urgently needed to meet the requirements until a determination is made on the appeal.

      4.  No division or department of the state is liable for any expense incurred by or loss of income sustained by a person who makes an unsuccessful bid or proposal.

      Sec. 16.  NRS 333.390 is hereby amended to read as follows:

      333.390  1.  The chief may authorize local purchasing by using agencies, in accordance with the rules of procedure, of individual orders for items not scheduled for quantity purchasing, not to exceed [$2,500] $5,000 for each order, except for the repair, replacement and installation of parts for [:

      (a) Automobiles and light trucks, not to exceed $5,000; and

      (b) Heavy] heavy equipment, not to exceed $15,000 [,] for each order, at no higher prices than specified in the orders authorizing the local purchasing. [Such purchasing may be authorized where] The chief may authorize purchasing at higher prices if perishable articles are involved and to meet other emergency requirements.


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

ê1991 Statutes of Nevada, Page 624 (Chapter 254, AB 149)ê

 

      2.  The prices [on] of the local purchases must be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure.

      3.  Each authorization must:

      (a) Be revocable.

      (b) Specify the limit of spending for individual orders not to exceed [$2,500,] $5,000, except for the repair, replacement and installation of parts referred to in subsection 1.

      (c) Specify the articles to be purchased.

      (d) Be operative for [a period not exceeding] not longer than 1 year after the date of issue.

      4.  [Using agencies receiving] A using agency that receives an authorization shall keep a record of [their] :

      (a) Its accounts and expenditures [under] pursuant to that authority [, accompanied by evidence,] ; and

      (b) Evidence indicating that every effort has been made to secure competitive bidding to the extent practicable.

      Sec. 17.  NRS 333.460 is hereby amended to read as follows:

      333.460  [Upon] Within 5 working days after the receipt of [such] supplies, materials and equipment from the state purchasing fund, each state officer, department, institution, board, commission or agency shall authorize the state controller [by transfer or warrant] to draw money by transfer or warrant from the using agency’s account as determined pursuant to subsection 3 of NRS 333.450 for the transfer to or placement in the state purchasing fund.

 

________

 

 

CHAPTER 255, AB 169

Assembly Bill No. 169–Committee on Government Affairs

CHAPTER 255

AN ACT relating to the division of land; authorizing local governing bodies to require certain parcel maps of proposed divisions of land to include such provisions for the supply and quality of water and for sewerage as are reasonably necessary; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.462 is hereby amended to read as follows:

      278.462  The governing body may require:

      1.  Street grading, drainage provisions and lot designs as are reasonably necessary [.] and, if the governing body anticipates that the parcels will be used for residential purposes, provisions for the supply and quality of water and sewage as are reasonably necessary.

      2.  Offsite access, street alignment, surfacing and width, water quality, water supply and sewerage provisions as are reasonably necessary and consistent with the existing use of any land zoned for similar use which is within 660 feet of the proposed parcel.


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

ê1991 Statutes of Nevada, Page 625 (Chapter 255, AB 169)ê

 

660 feet of the proposed parcel. If the proposed parcels are less than 1 acre, the governing body may require additional improvements which are reasonably necessary and consistent with the use of the land if it is developed as proposed.

      3.  For a second or subsequent parcel map with respect to a single parcel or contiguous tract of land under the same ownership any reasonable improvement, but not more than would be required if the parcel were a subdivision.

 

________

 

 

CHAPTER 256, SB 464

Senate Bill No. 464–Committee on Commerce and Labor

CHAPTER 256

AN ACT relating to collective bargaining; providing for arbitration in collective bargaining between school districts and certain employee organizations; and providing other matters properly relating thereto.

 

[Approved June 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 288 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The provisions of this section govern negotiations between school districts and employee organizations representing teachers and educational support personnel.

      2.  If the parties to a negotiation pursuant to this section have failed to reach an agreement after at least four sessions of negotiation, either party may declare the negotiations to be at an impasse and, after 5 days’ written notice is given to the other party, submit the issues remaining in dispute to an arbitrator. The arbitrator must be selected in the manner provided in subsection 2 of NRS 288.200 and has the powers provided for factfinders in NRS 288.210.

      3.  The arbitrator shall, within 30 days after he is selected, and after 7 days’ written notice is given to the parties, hold a hearing for the purpose of receiving information concerning the dispute. The hearing must be held in the county in which the school district is located and the arbitrator shall arrange for a full and complete record of the hearing.

      4.  The parties to the dispute shall each pay one-half of the costs of the arbitration.

      5.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an agreement is reached, it must be submitted to the arbitrator, who shall certify it as final and binding.

      6.  If the parties do not enter into negotiations or do not agree within 30 days after the hearing held pursuant to subsection 3, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.


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

ê1991 Statutes of Nevada, Page 626 (Chapter 256, SB 464)ê

 

submit a single written statement containing its final offer for each of the unresolved issues.

      7.  The arbitrator shall, within 10 days after the final offers are submitted, render his decision on the basis of the criteria set forth in NRS 288.200. The arbitrator shall accept one of the written statements and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract between the parties.

      8.  The decision of the arbitrator must include a statement:

      (a) Giving his reason for accepting the final offer that is the basis of his award; and

      (b) Specifying his estimate of the total cost of the award.

      9.  As used in this section:

      (a) “Educational support personnel” means all classified employees of a school district, other than teachers, who are represented by an employee organization.

      (b) “Teacher” means an employee of a school district who is licensed to teach in this state and who is represented by an employee organization.

      Sec. 2.  NRS 288.200 is hereby amended to read as follows:

      288.200  Except in cases to which NRS 288.205 and 288.215 , or section 1 of this act, apply:

      1.  If:

      (a) The parties have participated in mediation and by August 1, have not reached agreement; or

      (b) The bargaining unit represented by the employee organization contains fewer than 30 persons,

either party to the dispute, at any time up to September 20, may submit the dispute to an impartial factfinder for his findings and recommendations. His findings and recommendations are not binding on the parties except as provided in subsections 5, 6 and 9. The mediator of a dispute may also be chosen by the parties to serve as the factfinder.

      2.  If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential factfinders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.

      3.  The local government employer and employee organization each shall pay one-half of the cost of factfinding. Each party shall pay its own costs of preparation and presentation of its case in factfinding.

      4.  A schedule of dates and times for the hearing must be established before October 20 and the factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing.


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

ê1991 Statutes of Nevada, Page 627 (Chapter 256, SB 464)ê

 

      5.  The parties to the dispute may agree, before the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.

      6.  If the parties do not agree on whether to make the findings and recommendations of the factfinder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a factfinder on all or any specified issues in a particular dispute which are within the scope of subsection 9 are to be final and binding. The determination must be made upon the concurrence of at least two members of the panel and not later than October 20 unless that date is extended by the commissioner of the board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous factfinding between these parties, the best interests of the state and all its citizens, the potential fiscal effect both within and outside the political subdivision and any danger to the safety of the people of the state or a political subdivision.

      7.  Except as provided in subsection 8, any factfinder, whether his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:

      (a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

      (b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and he shall consider whether the board found that either party had bargained in bad faith.

The factfinder’s report must contain the facts upon which he based his determination of financial ability to grant monetary benefits and his recommendations or award.

      8.  Any sum of money which is maintained in a fund whose balance is required by law to be:

      (a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or

      (b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,

must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the factfinder.

      9.  The issues which may be included in a panel’s order pursuant to subsection 6 are:

      (a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and


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

ê1991 Statutes of Nevada, Page 628 (Chapter 256, SB 464)ê

 

      (b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.

This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 257, AB 626

Assembly Bill No. 626–Assemblymen Gregory, Johnson, Hardy, Petrak, Bayley, Carpenter, Elliott, Scherer, Norton, Bergevin, Wong, Bennett, Krenzer, Garner, Porter, Haller, Anderson, Wendell Williams, Bache, Little, McGaughey, Spitler, Giunchigliani, Humke, Pettyjohn, Goetting, Myrna Williams, Heller, Freeman, Lambert, Callister, Evans, Arberry, Price, Gibbons, Stout, Marvel and Dini

CHAPTER 257

AN ACT relating to pupils; makes mandatory the suspension of a pupil who is found in possession of a dangerous weapon in certain circumstances; providing that only the principal may in certain circumstances approve the possession of a knife or firearm by a pupil; and providing other matters properly relating thereto.

 

[Approved June 6, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this subsection, any pupil who commits a battery which results in the bodily injury of an employee of the school or sells or distributes any controlled substance, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school.

      2.  Except as otherwise provided in subsection 3, any pupil who is found in possession of a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus [may,] must, for the first occurrence, be suspended or expelled from the school, although he may be placed in another kind of school for a period not to exceed the equivalent of one semester for that school. [A pupil must not be allowed to remain in school unless the administrator determines that the pupil does not pose a threat to the personnel of the school or the other pupils.] For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school.

      3.  Subsection 2 does not prohibit a pupil from having in his possession a knife or firearm with the approval of [a teacher or administrator] the principal of the school. A [teacher or administrator] principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.


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

ê1991 Statutes of Nevada, Page 629 (Chapter 257, AB 626)ê

 

approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      4.  Any pupil in grades 1 to 6, inclusive, or any pupil who is participating in a program of special education for children who are impaired, either emotionally or mentally in growth and development, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action.

      5.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, explosive substance or device, dirk, dagger, pistol, revolver or other firearm, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 258, SB 442

Senate Bill No. 442–Committee on Judiciary

CHAPTER 258

AN ACT relating to health care; authorizing a person to order for himself or another the withholding or withdrawal of life-sustaining treatment under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 6, 1991]

 

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 12, inclusive, of this act.

      Sec. 2.  1.  NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act may be cited as the Uniform Act on Rights of the Terminally Ill.

      2.  NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of those sections among states enacting the Uniform Act on Rights of the Terminally Ill.

      Sec. 3.  “Person” includes a government or a governmental subdivision or agency.

      Sec. 4.  “Provider of health care” means a person who is licensed, certified or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.

      Sec. 5.  “Qualified patient” means a patient 18 or more years of age who has executed a declaration and who has been determined by the attending physician to be in a terminal condition.


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

ê1991 Statutes of Nevada, Page 630 (Chapter 258, SB 442)ê

 

      Sec. 6.  1.  A declaration that designates another person to make decisions governing the withholding or withdrawal of life-sustaining treatment may, but need not, be in the following form:

 

DECLARATION

 

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I appoint ................................ or, if he or she is not reasonably available or is unwilling to serve, ................................, to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain, pursuant to NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act.

(If the person or persons I have so appointed are not reasonably available or are unwilling to serve, I direct my attending physician, pursuant to those sections, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.)

Strike language in parentheses if you do not desire it.

 

If you wish to include this statement, you must INITIAL the statement in the box provided:

                                                                                                             (If the statement

                                                                                                     reflects your desires,

                                                                                                   initial the box next to

                                                                                                                the statement.)

 

      I direct my attending physician not to withhold or withdraw artificial nutrition and hydration by way of the gastro-intestinal tract if such a withholding or withdrawal would result in my death by starvation or dehydration.                                                                               [........................... ]

 

Signed this ............... day of ..............., ......

 

                                                                    Signature...................................................

                                                                    Address.......................................................

The declarant voluntarily signed this writing in my presence.

 

                                                                    Witness........................................................

                                                                    Address.......................................................

 

                                                                    Witness........................................................

                                                                    Address Name and address of each designee.


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

ê1991 Statutes of Nevada, Page 631 (Chapter 258, SB 442)ê

 

Name and address of each designee.

 

                                                                    Name...........................................................

                                                                    Address.......................................................

      2.  The designation of an attorney in fact pursuant to NRS 111.460 or 449.800 to 449.860, inclusive, or the judicial appointment of a guardian, who is authorized to make decisions regarding the withholding or withdrawal of life-sustaining treatment, constitutes for the purpose of NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act a declaration designating another person to act for the declarant pursuant to subsection 1.

      Sec. 7.  A declaration becomes operative when it is communicated to the attending physician and the declarant is determined by the attending physician to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment. When the declaration becomes operative, the attending physician and other providers of health care shall act in accordance with its provisions and with the instructions of a person designated pursuant to NRS 449.600 or comply with the requirements of section 11 of this act to transfer care of the declarant.

      Sec. 8.  Upon determining that a declarant is in a terminal condition, the attending physician who knows of a declaration shall record the determination, and the terms of the declaration if not already a part of the record, in the declarant’s medical record.

      Sec. 9.  1.  A qualified patient may make decisions regarding life-sustaining treatment so long as he is able to do so.

      2.  NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act do not affect the responsibility of the attending physician or other provider of health care to provide treatment for a patient’s comfort or alleviation of pain.

      3.  Artificial nutrition and hydration by way of the gastro-intestinal tract shall be deemed a life-sustaining treatment and must be withheld or withdrawn from a qualified patient unless a different desire is expressed in writing by the patient. For a patient who has no effective declaration, artificial nutrition and hydration must not be withheld unless a different desire is expressed in writing by his authorized representative or the family member with the authority to consent or withhold consent.

      4.  Life-sustaining treatment must not be withheld or withdrawn pursuant to a declaration from a qualified patient known to the attending physician to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.

      Sec. 10.  1.  If written consent to the withholding or withdrawal of the treatment, attested by two witnesses, is given to the attending physician, the attending physician may withhold or withdraw life-sustaining treatment from a patient who:

      (a) Has been determined by the attending physician to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment; and

      (b) Has no effective declaration.

      2.  The authority to consent or to withhold consent under subsection 1 may be exercised by the following persons, in order of priority:


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

ê1991 Statutes of Nevada, Page 632 (Chapter 258, SB 442)ê

 

      (a) The spouse of the patient;

      (b) An adult child of the patient or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;

      (c) The parents of the patient;

      (d) An adult sibling of the patient or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or

      (e) The nearest other adult relative of the patient by blood or adoption who is reasonably available for consultation.

      3.  If a class entitled to decide whether to consent is not reasonably available for consultation and competent to decide, or declines to decide, the next class is authorized to decide, but an equal division in a class does not authorize the next class to decide.

      4.  A decision to grant or withhold consent must be made in good faith. A consent is not valid if it conflicts with the expressed intention of the patient.

      5.  A decision of the attending physician acting in good faith that a consent is valid or invalid is conclusive.

      6.  Life-sustaining treatment must not be withheld or withdrawn pursuant to this section from a patient known to the attending physician to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.

      Sec. 11.  An attending physician or other provider of health care who is unwilling to comply with NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act, shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician or provider of health care.

      Sec. 12.  1.  Unless he has knowledge to the contrary, a physician or other provider of health care may assume that a declaration complies with NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act and is valid.

      2.  NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act create no presumption concerning the intention of a person who has revoked or has not executed a declaration with respect to the use, withholding or withdrawal of life-sustaining treatment in the event of a terminal condition.

      Sec. 13.  NRS 449.540 is hereby amended to read as follows:

      449.540  As used in NRS 449.540 to [449.680, inclusive,] 449.690, inclusive, and sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 449.550 to 449.590, inclusive, and sections 2 to 5, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 14.  NRS 449.550 is hereby amended to read as follows:

      449.550  “Attending physician” means the physician [, selected by or assigned to a patient,] who has primary responsibility for the treatment and care of the patient.

      Sec. 15.  NRS 449.560 is hereby amended to read as follows:

      449.560  “Declaration” means a [written document executed by an adult person 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 shall not be applied.]


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

ê1991 Statutes of Nevada, Page 633 (Chapter 258, SB 442)ê

 

physician, life-sustaining procedures shall not be applied.] writing executed in accordance with the requirements of NRS 449.600.

      Sec. 16.  NRS 449.570 is hereby amended to read as follows:

      449.570  “Life-sustaining [procedure”] treatment” means a medical procedure [which utilizes mechanical or other artificial methods to sustain, restore or supplant a vital function. The term does not include medication or procedures necessary to alleviate pain.] or intervention that, when administered to a patient, serves only to prolong the process of dying.

      Sec. 17.  NRS 449.590 is hereby amended to read as follows:

      449.590  “Terminal condition” means an incurable [condition which is such that the application of life-sustaining procedures serves only to postpone the moment of death.] and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.

      Sec. 18.  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 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 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.]

      1.  A person of sound mind and 18 or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declarant may designate another natural person of sound mind and 18 or more years of age to make decisions governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant’s direction, and attested by two witnesses.

      2.  A physician or other provider of health care who is furnished a copy of the declaration shall make it a part of the declarant’s medical record and, if unwilling to comply with the declaration, promptly so advise the declarant and any person designated to act for the declarant.

      Sec. 19.  NRS 449.610 is hereby amended to read as follows:

      449.610  [The declaration shall be in substantially the following form:

 

DIRECTIVE TO PHYSICIANS

 

                                                                    Date.............................................................

      I, ...................., being of sound mind, intentionally and voluntarily declare:

      1.  If at any time I am in a terminal condition and become comatose or am otherwise rendered incapable of communicating with my attending physician, and my death is imminent because of an incurable disease, illness or injury, I direct that life sustaining procedures be withheld or withdrawn, and that I be permitted to die naturally.


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

ê1991 Statutes of Nevada, Page 634 (Chapter 258, SB 442)ê

 

direct that life sustaining procedures be withheld or withdrawn, and that I be permitted to die naturally.

      2.  It is my intention that this directive be honored by my family and attending physician as the final expression of my legal right to refuse medical or surgical treatment and to accept the consequences of my refusal.

      3.  If I have been found to be pregnant, and that fact is known to my physician, this directive is void during the course of my pregnancy.

I understand the full import of this directive, and I am emotionally and mentally competent to execute it.

 

                                                                    Signed.........................................................

                                        City, County and State of Residence ................................

The declarant has been personally known to me and I believe ................................ to be of sound mind.

 

                                                                    Witness......................................................

                                                                    Witness......................................................

 

      Section 3 of the declaration should be omitted for male declarants.

      The executed declaration, or a copy thereof signed by the declarant and the witnesses, shall be placed in the medical record of the declarant and a notation made of its presence and the date of its execution. A notation of the circumstances and date of removal of a declaration shall be entered in the medical record if the declaration is removed for any reason.] A declaration directing a physician to withhold or withdraw life-sustaining treatment may, but need not, be in the following form:

 

DECLARATION

 

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician, pursuant to NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.

 

If you wish to include this statement, you must INITIAL the statement in the box provided:

                                                                                                             (If the statement

                                                                                                     reflects your desires,

                                                                                                   initial the box next to

                                                                                                                the statement.)

 

      I direct my attending physician not to withhold or withdraw artificial nutrition and hydration by way of the gastro-intestinal tract if such a withholding or withdrawal would result in my death by starvation or dehydration.                                  


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

ê1991 Statutes of Nevada, Page 635 (Chapter 258, SB 442)ê

 

or withdrawal would result in my death by starvation or dehydration...... [      ]

 

Signed this ............... day of ..............., ......

 

                                                                    Signature...................................................

                                                                    Address.......................................................

The declarant voluntarily signed this writing in my presence.

 

                                                                    Witness........................................................

                                                                    Address.......................................................

 

                                                                    Witness........................................................

                                                                    Address.......................................................

      Sec. 20.  NRS 449.620 is hereby amended to read as follows:

      449.620  1.  [A declaration may be revoked at any time by the declarant in the same way in which a will may be revoked, or by an oral expression of intent to revoke. An oral revocation is effective upon communication to the attending physician by the declarant or another person communicating it on behalf of the declarant. The attending physician shall record the oral revocation and the date on which he received it in the medical record of the declarant.

      2.  No person is liable in a civil or criminal action for failure to act upon a revocation of a declaration unless the person had actual knowledge of the revocation.] A declarant may revoke a declaration at any time and in any manner, without regard to his mental or physical condition. A revocation is effective upon its communication to the attending physician or other provider of health care by the declarant or a witness to the revocation.

      2.  The attending physician or other provider of health care shall make the revocation a part of the declarant’s medical records.

      Sec. 21.  NRS 449.630 is hereby amended to read as follows:

      449.630  [No hospital or other 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.]

      1.  A physician or other provider of health care is not subject to civil or criminal liability, or discipline for unprofessional conduct, for giving effect to a declaration or the direction of a person designated pursuant to NRS 449.600 in the absence of knowledge of the revocation of a declaration, or for giving effect to a written consent under section 10 of this act.

      2.  A physician or other provider of health care, whose action pursuant to NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act, is in accord with reasonable medical standards and is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that action.


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

ê1991 Statutes of Nevada, Page 636 (Chapter 258, SB 442)ê

 

      3.  A physician or other provider of health care, whose decision about the validity of consent under section 10 of this act is made in good faith, is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that decision.

      4.  A person designated pursuant to NRS 449.600 or a person authorized to consent pursuant to section 10 of this act, whose decision is made or consent is given in good faith pursuant to NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act, is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that decision.

      Sec. 22.  NRS 449.650 is hereby amended to read as follows:

      449.650  1.  [A person does not commit suicide by executing a declaration.

      2.  The execution of a declaration does not restrict, inhibit or impair the sale, procurement or issuance of any policy of insurance, nor shall it be deemed to modify any terms of an existing policy of insurance. No policy of life insurance is impaired or invalidated in whole or in part by the withholding or withdrawal of life-sustaining procedures from an insured person, regardless of any term of the policy.

      3.  No person may require another to execute a declaration as a condition for being insured for or receiving health care services.] Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act does not constitute, for any purpose, a suicide or homicide.

      2.  The making of a declaration pursuant to NRS 449.600 does not affect the sale, procurement or issuance of a policy of life insurance or annuity, nor does it affect, impair or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated by the withholding or withdrawal or life-sustaining treatment from an insured, notwithstanding any term to the contrary.

      3.  A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health care.

      Sec. 23.  NRS 449.660 is hereby amended to read as follows:

      449.660  1.  [Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration of another without the consent of the declarant is guilty of a misdemeanor.

      2.  Any person who falsifies or forges a document purporting to be the declaration of another, or who willfully conceals or withholds personal knowledge of a revocation, with the intent to cause a withholding or withdrawal of life-sustaining procedures contrary to the wishes of the declarant and thereby directly causes life-sustaining procedures to be withheld or withdrawn and death to be hastened is guilty of murder.] A physician or other provider of health care who willfully fails to transfer the care of a patient in accordance with section 11 of this act is guilty of a gross misdemeanor.

      2.  A physician who willfully fails to record a determination of terminal condition or the terms of a declaration in accordance with section 8 of this act is guilty of a misdemeanor.


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

ê1991 Statutes of Nevada, Page 637 (Chapter 258, SB 442)ê

 

      3.  A person who willfully conceals, cancels, defaces or obliterates the declaration of another without the declarant’s consent or who falsifies or forges a revocation of the declaration of another is guilty of a misdemeanor.

      4.  A person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation, with the intent to cause a withholding or withdrawal of life-sustaining treatment contrary to the wishes of the declarant and thereby directly causes life-sustaining treatment to be withheld or withdrawn and death to be hastened is guilty of murder.

      5.  A person who requires or prohibits the execution of a declaration as a condition of being insured for, or receiving, health care is guilty of a misdemeanor.

      6.  A person who coerces or fraudulently induces another to execute a declaration, or who falsifies or forges the declaration of another except as provided in subsection 4, is guilty of a gross misdemeanor.

      7.  The penalties provided in this section do not displace any sanction applicable under other law.

      Sec. 24.  NRS 449.670 is hereby amended to read as follows:

      449.670  [Nothing in NRS 449.600 to 449.620, inclusive, permits any affirmative or deliberate act or omission which ends life other than to permit the natural process of dying.]

      1.  NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act do not require a physician or other provider of health care to take action contrary to reasonable medical standards.

      2.  NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act do not condone, authorize or approve mercy-killing or euthanasia.

      Sec. 25.  NRS 449.680 is hereby amended to read as follows:

      449.680  [Nothing in NRS 449.610 to 449.660, inclusive, limits the right or responsibility which a person may otherwise have to withhold or withdraw life-sustaining procedures.] NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act do not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as he is able to do so, or impair or supersede a right or responsibility that any person has to effect the withholding or withdrawal of medical care.

      Sec. 26.  NRS 449.690 is hereby amended to read as follows:

      449.690  1.  A declaration executed in another state in compliance with the law of that state or of this state is valid for purposes of NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act.

      2.  An instrument executed anywhere before July 1, 1977, which clearly expresses the intent of the declarant to direct the withholding or withdrawal of life-sustaining [procedures] treatment from him when he is in a terminal condition and becomes comatose or is otherwise rendered incapable of communicating with his attending physician , [shall,] if executed in a manner which attests voluntary execution , or executed anywhere before October 1, 1991, which substantially complies with NRS 449.600, and [not] has not been subsequently revoked, [be given the same effect as a declaration prepared and executed in accordance with NRS 449.540 to 449.680, inclusive.] is effective under NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act.


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

ê1991 Statutes of Nevada, Page 638 (Chapter 258, SB 442)ê

 

      3.  As used in this section, “state” includes the District of Columbia, the Commonwealth of Puerto Rico, and a territory or insular possession subject to the jurisdiction of the United States.

      Sec. 27.  NRS 449.830 is hereby amended to read as follows:

      449.830  The form of a power of attorney for a disabled principal must be substantially as follows:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

WARNING TO PERSON EXECUTING THIS DOCUMENT

 

      THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

      1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR ATTORNEY-IN-FACT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT, OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE, OR PROCEDURE TO MAINTAIN, DIAGNOSE, OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

      2.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

      3.  EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

      4.  UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

      5.  NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.


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

ê1991 Statutes of Nevada, Page 639 (Chapter 258, SB 442)ê

 

      6.  YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

      7.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL, OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

      8.  THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

      9.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

      10.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 

      1.  DESIGNATION OF HEALTH CARE AGENT.

      I, ................................ (insert your name) do hereby designate and appoint:

Name:..................................................................................................................

Address:............................................................................................................

Telephone Number:..........................................................................................

as my attorney-in-fact to make health care decisions for me as authorized in this document.

(Insert the name and address of the person you wish to designate as your attorney-in-fact to make health care decisions for you. None of the following may be designated as your attorney-in-fact: (1) your treating provider of health care, (2) an employee of your treating provider of health care, (3) an operator of a health care facility, or (4) an employee of an operator of a health care facility.)

      2.  CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

      By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

      3.  GENERAL STATEMENT OF AUTHORITY GRANTED.

      In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the attorney-in-fact named above full power and authority to make health care decisions for me before, or after my death, including: consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition, subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.


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

ê1991 Statutes of Nevada, Page 640 (Chapter 258, SB 442)ê

 

      4.  SPECIAL PROVISIONS AND LIMITATIONS.

      (Your attorney-in-fact is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization, or abortion. If there are any other types of treatment or placement that you do not want your attorney-in-fact’s authority to give consent for or other restrictions you wish to place on his or her attorney-in-fact’s authority, you should list them in the space below. If you do not write any limitations, your attorney-in-fact will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

      In exercising the authority under this durable power of attorney for health care, the authority of my attorney-in-fact is subject to the following special provisions and limitations:

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

      5.  DURATION.

      I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my attorney-in-fact will continue to exist until the time when I become able to make health care decisions for myself.

(IF APPLICABLE)

I wish to have this power of attorney end on the following date:

 

      6.  STATEMENT OF DESIRES.

      (With respect to decisions to withhold or withdraw life-sustaining treatment, your attorney-in-fact must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your attorney-in-fact has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

                                                                                                             (If the statement

                                                                                                     reflects your desires,

                                                                                                      initial the box next to

                                                                                                                the statement.)

 

      1.  I desire my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures.                                  [............................ ]


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

ê1991 Statutes of Nevada, Page 641 (Chapter 258, SB 442)ê

 

      2.  If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS [449.610 et seq.] 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act if this subparagraph is initialed).                                                         [............................ ]

      3.  If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS [449.610 et seq.] 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of this act if this subparagraph is initialed)........ [      ]

      4.  I direct my attending physician not to withhold or withdraw artificial nutrition and hydration by way of the gastro-intestinal tract if such a withholding or withdrawal would result in my death by starvation or dehydration.                                                                                [............................ ]

      5.  I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My attorney-in-fact is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.                                                                                     [............................ ]

 

      (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

 

      Other or Additional Statements of Desires:........................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

      7.  DESIGNATION OF ALTERNATE ATTORNEY-IN-FACT.

      (You are not required to designate any alternative attorney-in-fact but you may do so. Any alternative attorney-in-fact you designate will be able to make the same health care decisions as the attorney-in-fact designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your attorney-in-fact. Also, if the attorney-in-fact designated in paragraph 1 is your spouse, his or her designation as your attorney-in-fact is automatically revoked by law if your marriage is dissolved.)

      If the person designated in paragraph 1 as my attorney-in-fact is unable to make health care decisions for me, then I designate the following persons to serve as my attorney-in-fact to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:


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

ê1991 Statutes of Nevada, Page 642 (Chapter 258, SB 442)ê

 

      A.  First Alternative Attorney-in-fact

Name:.....................................................................................................

Address:...............................................................................................

.............................................................................................

Telephone Number:.............................................................................

      B.  Second Alternative Attorney-in-fact

Name:.....................................................................................................

Address:...............................................................................................

.............................................................................................

Telephone Number:.............................................................................

      8.  PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.

 

       (YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

       I sign my name to this Durable Power of Attorney for Health care on

......................... (date) at ......................... (city), .......................................

(state)

                                                           .................................................................

                                                                                                    (Signature)

 

      (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

      CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                                    }

                                                                }ss.

County of............................................. }

 

      On this ................ day of ................, in the year ..., before me, .............................. (here insert name of notary public) personally appeared .............................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.

 

NOTARY SEAL                                           .................................................................

                                                                                (Signature of Notary Public STATEMENT OF WITNESSES

 


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

ê1991 Statutes of Nevada, Page 643 (Chapter 258, SB 442)ê

 

STATEMENT OF WITNESSES

 

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the attorney-in-fact, (2) a provider of health care, (3) an employee of a provider of health care, (4) the operator of health care facility, (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

      I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as attorney-in-fact by this document, and that I am not a provider of health care, an employee of a provider of health care, the operator of a community care facility, nor an employee of an operator of a health care facility.

 

Signature:.................................................     Residence Address:..............................

Print Name:...............................................     .................................................................

Date:..........................................................     .................................................................

 

Signature:.................................................     Residence Address:..............................

Print Name:...............................................     .................................................................

Date:..........................................................     .................................................................

 

      (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

      I declare under penalty of perjury that I am not related to the principal by blood, marriage, or adoption, and to the best of my knowledge I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

Signature:.............................................................................

Signature:.............................................................................

 

-------------------------------------------------------------------------------------------------------

 

Names:......................................................     Address:.................................................

Print Name:...............................................     .................................................................

Date:..........................................................     .................................................................

 

COPIES:  You should retain an executed copy of this document and give one to your attorney-in-fact. The power of attorney should be available so a copy may be given to your providers of health care.

 

________


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

ê1991 Statutes of Nevada, Page 644ê

 

CHAPTER 259, SB 313

Senate Bill No. 313–Committee on Commerce and Labor

CHAPTER 259

AN ACT relating to public health; revising the restrictions on the smoking of tobacco; and providing other matters properly relating thereto.

 

[Approved June 6, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.249 is hereby amended to read as follows:

      202.249  1.  It is the public policy of the State of Nevada and the purpose of NRS 202.2491 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.

      2.  The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.

      3.  The county board of health of each county shall enforce the provisions of NRS 202.2491 and 202.2492. The governing body of a local government may not impose more stringent restrictions on the smoking of tobacco than are provided by those sections.

      Sec. 2.  NRS 202.2491 is hereby amended to read as follows:

      202.2491  1.  Except as otherwise provided in [subsection 4,] subsections 5 and 6, the smoking of tobacco in any form is prohibited if done in any:

      (a) Public elevator.

      (b) Public building.

      (c) Public waiting room lobby or hallway of any:

             (1) 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.

      (d) Hotel [, motel or restaurant] or motel when so designated by the operator thereof.

      (e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.

      (f) Child care facility.

      (g) Bus used by the general public, other than a chartered bus [.] , or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

      (h) School bus.

      2.  The person in control of an area listed in paragraph (c), (d), (e), (f) or (g) of subsection 1:

      (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

      (b) May designate separate rooms or portions of the area which may be used for smoking.


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

ê1991 Statutes of Nevada, Page 645 (Chapter 259, SB 313)ê

 

      3.  The person in control of a public building:

      (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

      (b) Shall, except as otherwise provided in this subsection, designate a separate [room or an] area which may be used for smoking.

A school district which prohibits the use of tobacco by pupils need not designate [a room or] an area which may be used by the pupils to smoke.

      4.  The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

      5.  A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

      6.  The smoking of tobacco is not prohibited in [any] :

      (a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

      [5.] (b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

      7.  The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.

      [6.] 8.  As used in this section:

      (a) “Child care facility” means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.

      (b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

      (c) “Public building” means any building or office space owned or occupied by:

             (1) Any component of the University of Nevada System and used for any university purpose.

             (2) The State of Nevada or any county, city, school district or other political subdivision of the state and used for any public purpose.

If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

      [(c)] (d) “School bus” has the meaning ascribed to it in NRS 483.160.

      Sec. 3.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 646ê

 

CHAPTER 260, AB 632

Assembly Bill No. 632–Committee on Government Affairs

CHAPTER 260

AN ACT relating to administration of local government finances; increasing the limit on annual expenditures by special districts which may petition for an exemption from certain requirements of the Local Government Budget Act; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 354.475 is hereby amended to read as follows:

      354.475  1.  All special districts subject to the provisions of the Local Government Budget Act with annual total expenditures of less than [$65,000] $100,000 may petition the department of taxation for exemption from the requirements of the Local Government Budget Act for the filing of certain budget documents and audit reports. Such districts may further petition to return to a cash method of accounting. The minimum required of such districts is the filing with the department of taxation of an annual budget on or before April 15 of each year and the filing of quarterly reports in accordance with NRS 354.602. Such petitions must be received by the department of taxation before December 31 to be effective for the succeeding fiscal year or, in a case of an annual audit exemption, to be effective for the current fiscal year. A board of county commissioners may request the department of taxation to audit the financial records of such an exempt district.

      2.  Such districts are exempt from all publication requirements of the Local Government Budget Act, except that the department of taxation by regulation shall require an annual publication of a notice of budget adoption and filing. The department of taxation shall adopt regulations pursuant to NRS 354.594 which are necessary to carry out the purposes of this section.

      3.  The revenue recorded in accounts that are kept on a cash basis must consist of cash items.

      4.  As used in this section, “cash basis” means the system of accounting under which revenues are recorded only when received and expenditures or expenses are recorded only when paid.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 647ê

 

CHAPTER 261, AB 600

Assembly Bill No. 600–Committee on Commerce

CHAPTER 261

AN ACT relating to domestic insurers; providing an exception to the requirement that the assets of a domestic insurer must be kept within this state; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 693A.060 is hereby amended to read as follows:

      693A.060  1.  Every domestic insurer shall keep its assets within the State of Nevada, except where requisite for the normal transaction of its business.

      2.  This section does not apply to:

      (a) Assets maintained at the insurer’s principal place of business located outside this state with the commissioner’s permission granted under NRS 693A.040; [and]

      (b) Securities on deposit with or through the insurance supervisory officer of another state, province or country as a condition to authority for the transaction of insurance business by the insurer in [such] that state, province or country [.] ; and

      (c) Negotiable securities held in book entry form through the United States banking system and recorded in the name of the domestic insurer or its nominee by the authorized transfer agency or trustee of the security.

 

________

 

 

CHAPTER 262, AB 583

Assembly Bill No. 583–Assemblymen Gibbons, Petrak, Stout, Price, Elliott, Little, Anderson, Scherer, Spitler, Johnson, Gregory, Bennett, Hardy, Wong, Kerns, Bergevin, Norton, Haller, Bayley, Porter, Spriggs, McGinness, McGaughey, Lambert, Bache, Pettyjohn, Callister, Evans, Arberry, Myrna Williams, Marvel, Goetting, Heller, Humke and Carpenter

CHAPTER 262

AN ACT relating to the rights of peace officers; authorizing a peace officer to have a representative present during any interrogation that could lead to disciplinary action against the officer; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 289.080 is hereby amended to read as follows:

      289.080  1.  [A] Except as otherwise provided in subsection 2, a peace officer may upon request have a lawyer or other representative of his choosing present with the peace officer during any phase of an interrogation.


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

ê1991 Statutes of Nevada, Page 648 (Chapter 262, AB 583)ê

 

      2.  The representative must not otherwise be connected to, or the subject of, the same investigation.

      3.  Any information that the representative obtains from the peace officer concerning the investigation is confidential and must not be disclosed except upon the:

      (a) Request of the peace officer; or

      (b) Lawful order of a court of competent jurisdiction.

A law enforcement agency shall not take punitive action against the representative for his failure or refusal to disclose such information.

      4.  The peace officer or the law enforcement agency may make a stenographic or magnetic record of the interrogation. If the agency records the proceedings, the agency shall at the officer’s request and expense provide a copy of the:

      (a) Stenographic transcript of the proceedings; or

      (b) Recording on the magnetic tape.

 

________

 

 

CHAPTER 263, AB 573

Assembly Bill No. 573–Committee on Government Affairs

CHAPTER 263

AN ACT relating to purchasing by local governments; creating an exception to the requirements for competitive bidding for purchases made with money in a store fund for prisoners in a jail or local detention facility; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

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

      (b) Professional services;

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

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

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

      (f) Any insurance;

      (g) Software for computers;

      (h) Books, library materials and subscriptions;

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

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

 


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

ê1991 Statutes of Nevada, Page 649 (Chapter 263, AB 573)ê

 

within the vehicle’s assigned service area from a fueling station owned by the State of Nevada or a local government [,

may not be] ; and

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

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

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

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

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

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

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

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

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

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

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

      Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 650ê

 

CHAPTER 264, AB 552

Assembly Bill No. 552–Committee on Commerce

CHAPTER 264

AN ACT relating to medical laboratories; requiring laboratories to bill the patient directly for cytologic examination of gynecologic specimens; providing certain exceptions; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A laboratory which performs a cytologic examination of gynecologic specimens for a patient residing in this state shall submit any bill for those services to:

      (a) The patient directly;

      (b) The responsible insurer or other third-party payor; or

      (c) The hospital, public health clinic or nonprofit health clinic.

Except as otherwise provided in subsection 3, the laboratory shall not submit the bill for those services to the physician who directed the examination.

      2.  Except as otherwise provided in subsection 3, it is unlawful for a physician to charge, bill or otherwise solicit payment from a person for cytologic services relating to the examination of gynecologic specimens.

      3.  The provisions of this section do not apply to cytologic services:

      (a) Rendered by the physician himself or in a laboratory operated solely in connection with the diagnosis or treatment of his own patients; or

      (b) Provided to an enrollee pursuant to a health care plan authorized pursuant to chapter 695C of NRS.

      Sec. 2.  NRS 652.020 is hereby amended to read as follows:

      652.020  [The] As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 652.030 to 652.060, inclusive, have the meanings ascribed to them in [NRS 652.030 to 652.060, inclusive, unless a different meaning clearly appears in the context.] those sections.

 

________


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

ê1991 Statutes of Nevada, Page 651ê

 

CHAPTER 265, AB 564

Assembly Bill No. 564–Committee on Judiciary

CHAPTER 265

AN ACT relating to criminal procedure; authorizing a plea of guilty or nolo contendere to another offense to be withdrawn if court rejects recommendation for punishment agreed upon by defendant and district attorney; revising the provisions that govern a judgment of acquittal; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 174.065 is hereby amended to read as follows:

      174.065  Except as otherwise provided in section 1 of [this act:] chapter 153, Statutes of Nevada 1991:

      1.  On a plea of guilty to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.

      2.  On a plea of guilty to an indictment or information for murder of the first degree, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify a punishment less than death. The specified punishment, or any lesser punishment, may be imposed by a single judge.

      3.  On a plea of guilty or nolo contendere to another offense, the defendant and the district attorney may agree to recommend an appropriate punishment. The court may defer its decision upon the recommendation until it has considered the presentence report. If the court accepts the recommendation, it shall impose the specified punishment or a lesser punishment. If the court rejects the recommendation, the defendant may withdraw the plea.

      Sec. 2.  NRS 175.381 is hereby amended to read as follows:

      175.381  1.  If, at any time after the evidence on either side is closed, the court deems the evidence insufficient to warrant a conviction, it may advise the jury to acquit the defendant, but the jury is not bound by such advice.

      2.  The court may, on a motion of a defendant or on its own motion, which is made after the jury returns a verdict of guilty, set aside the verdict and enter a judgment of acquittal if the evidence is insufficient to sustain a conviction. The motion for a judgment of acquittal must be made within 7 days after the jury is discharged or within such further time as the court may fix during that period.

      3.  If a motion for a judgment of acquittal after a verdict of guilty pursuant to this section is granted, the court shall also determine whether any motion for a new trial should be granted if the judgment of acquittal is thereafter vacated or reversed. The court shall specify the grounds for that determination. If the motion for a new trial is granted conditionally, the order thereon does not affect the finality of the judgment. If the motion for a new trial is granted conditionally and the judgment is reversed on appeal, the new trial must proceed unless the appellate court has otherwise ordered. If the motion is denied conditionally, the defendant on appeal may assert error in that denial, and if the judgment is reversed on appeal, subsequent proceedings must be in accordance with the order of the appellate court.


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

ê1991 Statutes of Nevada, Page 652 (Chapter 265, AB 564)ê

 

denial, and if the judgment is reversed on appeal, subsequent proceedings must be in accordance with the order of the appellate court.

      Sec. 3.  NRS 177.015 is hereby amended to read as follows:

      177.015  The party aggrieved in a criminal action may appeal only as follows:

      1.  Whether that party is the state or the defendant:

      (a) To the district court of the county from a final judgment of the justice’s court.

      (b) To the supreme court from an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.

      2.  The state may, upon good cause shown, appeal to the supreme court from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the clerk of the supreme court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant, or in the case of a defendant without counsel, the defendant, within 2 judicial days after the filing of the notice of appeal. The supreme court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the supreme court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such [period of] time as may be required.

      3.  The defendant only may appeal from a final judgment or verdict in a criminal case.

      Sec. 4.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 266, AB 555

Assembly Bill No. 555–Committee on Judiciary

CHAPTER 266

AN ACT relating to gaming; clarifying the prohibition against a person under the age of 21 years from placing wagers at or collecting winnings from a gambling game, slot machine, race book, sports pool or pari-mutuel operator; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.350 is hereby amended to read as follows:

      463.350  1.  A person under the age of 21 years shall not:

      (a) Play, be allowed to play, place wagers [,] at, or collect winnings [,] from, whether personally or through an agent, [from] any gambling game, slot machine, race book, sports pool or pari-mutuel operator.


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

ê1991 Statutes of Nevada, Page 653 (Chapter 266, AB 555)ê

 

      (b) Loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game, race book, sports pool or pari-mutuel wagering is operated or conducted.

      (c) Be employed as a gaming employee except in a counting room.

      2.  Any licensee, employee, dealer or other person who violates or permits the violation of any of the provisions of this section and any person, under 21 years of age, who violates any of the provisions of this section is guilty of a misdemeanor.

      3.  In any prosecution or other proceeding for the violation of any of the provisions of this section, it is no excuse for the licensee, employee, dealer or other person to plead that he believed the person to be 21 years old or over.

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

 

________

 

 

CHAPTER 267, AB 570

Assembly Bill No. 570–Committee on Taxation

CHAPTER 267

AN ACT relating to taxation; revising the date by which the department of taxation is required to mail to a taxpayer a copy of the certificate of the amount of net proceeds of minerals and the tax due thereon; revising the date the payment of the tax on the net proceeds of minerals is due; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 362.130 is hereby amended to read as follows:

      362.130  1.  When the department determines from the annual statement the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and shall send a copy to the owner of the mine, operator of the mine, or recipient of the royalty, as the case may be.

      2.  The certificate must be prepared and mailed not later than June [25] 10 immediately following the month of February during which the statement was filed.

      3.  If the amount paid pursuant to NRS 362.115 is less than 90 percent of the amount certified pursuant to this section, the amount due must include a penalty of 10 percent of the underpayment unless:

      (a) The amount paid pursuant to NRS 362.115 is equal to or greater than the total tax liability of the operation for the immediately preceding calendar year; or

      (b) The person files quarterly reports pursuant to subsection 2 of NRS 362.115 in a timely manner for that year and pays the additional amount due within 30 days after the quarterly report that indicates the additional estimated tax liability is filed with the department. The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the quarterly reports and the original estimate supplied on June 15 of that year.


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

ê1991 Statutes of Nevada, Page 654 (Chapter 267, AB 570)ê

 

the quarterly reports and the original estimate supplied on June 15 of that year.

      4.  The taxes and any penalty are due on [the third Monday in July] June 30 of that year.

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

 

________

 

 

CHAPTER 268, AB 520

Assembly Bill No. 520–Committee on Commerce

CHAPTER 268

AN ACT relating to corporations for medical service; authorizing certain nonprofit medical corporations, with the approval of the commissioner of insurance, to engage in any business reasonably and necessarily incidental to the business of a nonprofit hospital, medical or dental service plan; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 695B.020 is hereby amended to read as follows:

      695B.020  1.  This chapter [shall] does not:

      (a) Apply to or govern any corporation which is organized for profit, which contemplates any pecuniary gain to its shareholders or members, or which conducts or is authorized by its articles of incorporation to conduct any business whatsoever on a profit basis.

      (b) Authorize [or] and must not be construed to authorize, directly or indirectly, any corporation to operate a hospital or a medical or dental service plan on a profit basis.

      2.  [No] Except as otherwise provided in subsection 3, a corporation subject to the provisions of this chapter shall not own or operate any hospital or engage in any business other than that of establishing, maintaining and operating a nonprofit hospital, medical or dental service plan.

      3.  A corporation subject to the provisions of this chapter may, with the approval of the commissioner, engage in any business reasonably and necessarily incidental to the business of a nonprofit hospital, medical or dental service plan.

      Sec. 2.  NRS 695B.040 is hereby amended to read as follows:

      695B.040  Any corporation which is organized under the laws of the State of Nevada, or the laws of any other state, without capital stock, for the [sole] purpose of maintaining and operating a hospital, medical or dental service plan, and which does not contemplate pecuniary gain or profit to its members, may undertake and operate a hospital, medical or dental service plan for rendering hospital, medical or dental service to its subscribers under and subject to the provisions of this chapter.

 

________


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

ê1991 Statutes of Nevada, Page 655ê

 

CHAPTER 269, AB 507

Assembly Bill No. 507–Committee on Taxation

CHAPTER 269

AN ACT relating to taxation; authorizing the governing body of an Indian reservation or colony to impose an excise tax on any products made from tobacco other than cigarettes which are sold on the reservation or colony; prohibiting the department of taxation from collecting the excise tax imposed by the state on cigarettes or other products made from tobacco which are sold on an Indian reservation or colony under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      Sec. 2.  1.  The governing body of an Indian reservation or Indian colony may impose an excise tax on any product made from tobacco, other than cigarettes, sold on the reservation or colony.

      2.  If an excise tax is imposed, the governing body may establish procedures for collecting the excise tax from any retail dealer authorized to do business on the reservation or colony.

      Sec. 3.  The department shall not collect the tax imposed by this chapter on cigarettes or other products made from tobacco sold on an Indian reservation or Indian colony if:

      1.  The governing body of the reservation or colony imposes an excise tax pursuant to NRS 370.0751 or section 2 of this act;

      2.  The excise tax imposed is equal to or greater than the tax imposed pursuant to this chapter; and

      3.  The governing body of the colony or reservation submits a copy of the ordinance imposing the excise tax to the department.

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

      370.440  As used in NRS 370.440 to 370.500, inclusive, and section 2 of this act, unless the context otherwise provides:

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

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

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


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

ê1991 Statutes of Nevada, Page 656 (Chapter 269, AB 507)ê

 

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

 

________

 

 

CHAPTER 270, AB 502

Assembly Bill No. 502–Committee on Judiciary

CHAPTER 270

AN ACT relating to the judicial system; requiring under certain circumstances a justice of the peace to appoint a person from a substitute panel of justices of the peace to serve as justice of the peace pro tempore; requiring the chairman of a board of county commissioners in certain circumstances to make the appointment; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of county commissioners of each county shall select a number of persons it determines appropriate to comprise a panel of substitute justices of the peace. The persons so selected must possess the qualifications set forth in NRS 4.010 for the office of justice of the peace in the respective county.

      2.  Whenever a justice of the peace is disqualified from acting in a case pending in the justices’ court or is unable to perform his official duties because of his temporary sickness or absence, or other cause, he shall, if necessary, appoint a person from the panel of substitute justices of the peace or, pursuant to NRS 4.340, invite another justice of the peace to act in his place.

      3.  A person appointed from the panel of substitute justices of the peace must take and subscribe to the official oath before acting as a justice of the peace pro tempore. While acting in that capacity, he is entitled to receive a per diem salary set by the board of county commissioners. The annual sum expended for salaries of justices of the peace pro tempore must not exceed the amount budgeted for that expense by the board of county commissioners.

      4.  If an appointment of a justice of the peace pro tempore becomes necessary and the justice of the peace fails or is unable to appoint a person from the panel of substitute justices pursuant to this section and fails or is unable to obtain another justice of the peace pursuant to NRS 4.340, the chairman of the board of county commissioners shall:

      (a) In counties whose population is more than 100,000, appoint another justice of the peace pursuant to NRS 4.340 or a person from the panel of substitute justices of the peace pursuant to this section, to act in his place.

      (b) In counties whose population is 100,000 or less, appoint another justice of the peace pursuant to NRS 4.340, a person from the panel of substitute justices of the peace pursuant to this section or a municipal judge pursuant to NRS 4.345, to act in his place.


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ê1991 Statutes of Nevada, Page 657 (Chapter 270, AB 502)ê

 

justices of the peace pursuant to this section or a municipal judge pursuant to NRS 4.345, to act in his place.

      Sec. 2.  NRS 4.340 is hereby amended to read as follows:

      4.340  1.  Whenever any justice of the peace, in consequence of ill health, absence from his township, or other cause, is prevented from attending to his official duties, he [may] shall, if necessary, invite any other qualified justice of the peace of the same or another county or appoint a person from the panel of substitute justices of the peace pursuant to section 1 of this act to attend to his official duties, including those of registry agent. If he does not [invite such a] obtain another justice of the peace [,] pursuant to this section and he fails or is unable to appoint a person from the panel of substitute justices of the peace pursuant to section 1 of this act, the board of county commissioners [may do so.] shall:

      (a) In counties whose population is more than 100,000, appoint any other justice of the peace of the same or another county or a person from the panel of substitute justices of the peace pursuant to section 1 of this act, to attend to his official duties.

      (b) In counties whose population is 100,000 or less, appoint any other justice of the peace of the same or another county or a person from the panel of substitute justices of the peace pursuant to section 1 of this act, or obtain a judge of a municipal court pursuant to NRS 4.345, to attend to his official duties.

A temporary vacancy resulting from absence, disability or other cause must not be [so] filled by another justice of the peace or a substitute justice of the peace for more than 30 days at any one time.

      2.  Whenever any justice of the peace, in consequence of having too many or too lengthy matters before him, is prevented from timely attention to his official duties, he may, with the consent of the board of county commissioners, invite any other duly qualified justice of the peace of the same or another county to attend to some or all of his official duties, including those of registry agent, for no more than 30 days at any one time.

      3.  A justice of the peace from another county temporarily acting in the place of another justice of the peace has no claim for services rendered by him pursuant to this section against the county in which he customarily serves. He is entitled to receive his necessary traveling expenses from the county in which he is invited to serve , [his necessary traveling expenses,] together with any additional compensation authorized by the board of county commissioners of that county.

      Sec. 3.  NRS 4.345 is hereby amended to read as follows:

      4.345  In counties [having a population of] whose population is 100,000 or less, if the justice of the peace is disqualified by reason of being a party to or interested in a proceeding pending in the justice’s court or of being related to the defendant, plaintiff or complaining witness in the proceeding by consanguinity or affinity within the third degree, or in any case of his sickness, absence or inability to act, and if a substitute justice of the peace has not been obtained pursuant to NRS 4.340 [,] and a person has not been appointed from the panel of substitute justices of the peace pursuant to section 1 of this act, a judge of a municipal court of any city in the county may, on the written request of the chairman of the board of county commissioners, serve in place of the justice of the peace.


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

ê1991 Statutes of Nevada, Page 658 (Chapter 270, AB 502)ê

 

request of the chairman of the board of county commissioners, serve in place of the justice of the peace.

      Sec. 4.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 271, AB 509

Assembly Bill No. 509–Committee on Government Affairs

CHAPTER 271

AN ACT relating to programs for public employees; consolidating responsibility for the administration of certain of these programs; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 281.129 is hereby amended to read as follows:

      281.129  Any officer of the state, except the legislative fiscal officer, who disburses money in payment of salaries and wages of officers and employees of the state may, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:

      1.  Charitable organizations;

      2.  Employee credit unions;

      3.  Insurers, if the committee on [group insurance] benefits has approved the request;

      4.  The United States for the purchase of savings bonds and similar obligations of the United States; and

      5.  Employee organizations and labor organizations.

The state controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the executive department.

      Sec. 2.  NRS 287.025 is hereby amended to read as follows:

      287.025  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada [shall have,] may, in addition to the other powers granted in NRS 287.010 and 287.020, [the power to] negotiate and contract with any other such agency or with the committee on [group insurance] benefits for the state’s group insurance plan to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established or in the state’s group insurance plan.

      Sec. 3.  NRS 287.041 is hereby amended to read as follows:

      287.041  There is hereby created the committee on [group insurance] benefits to be composed of five members as follows:

      1.  Two members [shall] must be selected by the board of directors of the Nevada State Employees’ Association.

      2.  One member [shall] must be the director of the department of administration.


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ê1991 Statutes of Nevada, Page 659 (Chapter 271, AB 509)ê

 

      3.  Two members , [shall be appointed by the governor,] one of whom [shall] must be an employee retired from state service [.] , must be appointed by the governor.

      Sec. 4.  NRS 287.042 is hereby amended to read as follows:

      287.042  1.  A majority of the members of the committee on [group insurance] benefits constitutes a quorum for the transaction of business.

      2.  No member who is a public employee may receive any compensation for his services as a member of the committee. Any member who is employed in the service of the state must be granted leave from his duties to engage in the business of the committee without loss of his regular compensation. Such leave does not reduce the amount of the member’s annual leave.

      3.  A member of the committee who is not a public employee is entitled to receive $80 per day for his attendance at meetings of the committee.

      Sec. 5.  NRS 287.043 is hereby amended to read as follows:

      287.043  The committee on [group insurance] benefits shall:

      1.  Act as an advisory body on matters relating to group life, accident or health insurance, or any combination [thereof,] of these, a program to reduce taxable compensation or other forms of compensation other than deferred compensation, for the benefit of all state officers and employees and other persons who participate in the state’s program of group insurance.

      2.  Except as otherwise provided in this subsection, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers, employees and retired employees by participation in the state’s program of group insurance. The committee shall establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.

      3.  Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

      4.  Purchase policies of life, accident or health insurance, or any combination [thereof,] of these, or a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any [insurance] company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers, employees and retired employees who participate in the state’s program . [of group insurance.]

      5.  Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.

      6.  Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.

      7.  Adopt such regulations and perform such other duties as [may be] are necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, including the establishment of:

      (a) Fees for applications for participation in the state’s program and for the late payment of premiums;

      (b) Conditions for entry and reentry into the state’s program by public agencies enumerated in NRS 287.010; and


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

ê1991 Statutes of Nevada, Page 660 (Chapter 271, AB 509)ê

 

      (c) The levels of participation in the state’s program required for employees of participating public agencies.

      [7.] 8.  Appoint an independent certified public accountant. The accountant shall provide an annual audit of the plan and report to the committee and the legislative commission.

For the purposes of this section, “employee benefits” includes any form of compensation provided to a state employee pursuant to this Title except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

      Sec. 6.  NRS 287.0432 is hereby amended to read as follows:

      287.0432  The committee on [group insurance] benefits shall by regulation provide for specific procedures for the determination of contested claims.

      Sec. 7.  NRS 287.0433 is hereby amended to read as follows:

      287.0433  The committee on [group insurance] benefits may establish a plan of life, accident or health insurance and provide for the payment of contributions into the self-insurance fund, a schedule of benefits and the disbursement of benefits from the fund. The committee may reinsure any risk or any part [thereof.] of such a risk. Payments into and disbursements from the fund must be so arranged as to keep the fund solvent.

      Sec. 8.  NRS 287.0434 is hereby amended to read as follows:

      287.0434  The committee on [group insurance] benefits may:

      1.  Use its assets to pay the expenses of health care for its members and covered dependents, to pay its employees’ salaries and to pay administrative and other expenses.

      2.  Enter into contracts relating to the administration of a plan of insurance, including contracts with licensed administrators and qualified actuaries.

      3.  Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluation, treatment and nursing care of members and covered dependents.

      4.  Enter into contracts for the services of other experts and specialists as required by a plan of insurance.

      5.  Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the committee, the state or a participating public employer in administering a plan of insurance offered by that insurer, organization or corporation.

      Sec. 9.  NRS 287.0435 is hereby amended to read as follows:

      287.0435  1.  If any plan of self-insurance is adopted by the committee on [group insurance,] benefits, there is created a self-insurance fund as a trust fund for the purpose of receiving contributions. The self-insurance fund must be accounted for as an internal service fund.

      2.  The money in the fund must be invested as other money of the state is invested and any income [therefrom] from investments paid into the fund for the benefit of the fund.

      3.  Disbursements from the fund must be made as any other claims against the state are paid.

      4.  The state treasurer may charge a reasonable fee for his services in administering the fund, but the state, the state general fund and the state treasurer are not liable to the fund for any loss sustained by the fund as a result of any investment made on behalf of the fund or any loss sustained in the operation of the plan of self-insurance.


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

ê1991 Statutes of Nevada, Page 661 (Chapter 271, AB 509)ê

 

treasurer are not liable to the fund for any loss sustained by the fund as a result of any investment made on behalf of the fund or any loss sustained in the operation of the plan of self-insurance. The state is liable for indemnification of the committee on [group insurance,] benefits, the state risk manager and other employees of the state against liability relating to the administration of the state’s program of group insurance, subject to the limitations specified in NRS 41.0349.

      Sec. 10.  NRS 287.0437 is hereby amended to read as follows:

      287.0437  The committee on [group insurance] benefits may employ professional, technical and clerical personnel as necessary to assist it in the operation of the plan of self-insurance. Their salaries and other costs must be paid out of the self-insurance fund. The committee shall prepare a budget for these costs in the manner prescribed for state agencies.

      Sec. 11.  NRS 287.0439 is hereby amended to read as follows:

      287.0439  1.  A participating public employer shall, on request, furnish to the committee on [group insurance] benefits any information necessary to carry out the provisions of this chapter. Members of the committee and its employees or agents may examine under oath any officer, agent or employee of a participating public employer concerning the information.

      2.  The books, records and payrolls of a participating public employer must be available for inspection by members of the committee and its employees and agents to obtain any information necessary for the administration of the plan, including the accuracy of the payroll and identity of employees.

      Sec. 12.  NRS 287.044 is hereby amended to read as follows:

      287.044  1.  A part of the cost of the premiums or contributions for that group insurance, not to exceed the amount specified by law, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. Participation by the state in the cost of premiums or contributions must not exceed the amounts specified by law. If an officer or employee chooses to cover his dependents, whenever this option is made available by the committee on [group insurance,] benefits, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state.

      2.  A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on [group insurance.] benefits.

      Sec. 13.  NRS 287.046 is hereby amended to read as follows:

      287.046  1.  Except as otherwise provided in subsection 3, any state or other participating officer or employee who elects to participate in the state’s group insurance program may participate, and the department, agency, commission or public agency which employs the officer or employee shall pay the state’s share of the cost of the premiums or contributions for the group insurance from money appropriated or authorized as provided in NRS 287.044.


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

ê1991 Statutes of Nevada, Page 662 (Chapter 271, AB 509)ê

 

287.044. Employees who elect to participate in the state’s group insurance program must authorize deductions from their compensation for the payment of premiums or contributions on the insurance.

      2.  The department of personnel shall pay the amount provided by law for that fiscal year toward the cost of the premiums or contributions for group insurance for persons retired from the service of the state who have continued to participate. The department shall agree through the committee on [group insurance] benefits with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the group insurance after his death.

      3.  A senator or assemblyman who elects to participate in the state’s group insurance program shall pay the entire premium or contribution for his insurance.

      Sec. 14.  NRS 287.0465 is hereby amended to read as follows:

      287.0465  1.  If an officer or employee of the state or a dependent [thereof] of such an officer or employee incurs an illness or injury for which medical services are payable under the plan for self-insurance adopted by the committee on [group insurance] benefits and the illness or injury is incurred under circumstances creating a legal liability in some person, other than the officer, employee or dependent, to pay all or part of the cost of those services, the committee on [group insurance] benefits is subrogated to the right of the officer, employee or dependent to the extent of all such costs, and may join or intervene in any action by the officer, employee or dependent or his successors in interest, to enforce that legal liability.

      2.  If an officer, employee or dependent or his successors in interest fail or refuse to commence an action to enforce that legal liability, the committee on [group insurance] benefits may commence an independent action, after notice to the officer, employee or dependent or his successors in interest, to recover all costs to which it is entitled. In any such action by the committee on [group insurance,] benefits, the officer, employee or dependent may be joined as a third party [defendants.] defendant.

      3.  If the committee on [group insurance] benefits is subrogated to the rights of the officer, employee or dependent or his successors in interest as provided in subsection 1, the committee on [group insurance] benefits has a lien upon the total proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of a judgment or settlement or otherwise. Within 15 days after recovery by receipt of the proceeds of the judgment, settlement or other recovery, the officer, employee or dependent or his successors in interest shall notify the committee on [group insurance] benefits of the recovery and pay the committee on [group insurance] benefits the amount due to it pursuant to this section. The officer, employee or dependent or his successors in interest are not entitled to double recovery for the same injury.

      4.  The officer, employee or dependent or his successors in interest shall notify the committee on [group insurance] benefits in writing before entering any settlement or agreement or commencing any action to enforce the legal liability referred to in subsection 1.


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

ê1991 Statutes of Nevada, Page 663 (Chapter 271, AB 509)ê

 

      Sec. 15.  NRS 287.245 is hereby amended to read as follows:

      287.245  1.  The state may agree with any of its employees, and the board of regents of the University of Nevada System may agree with any of its employees, to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125 by [:

      (a) His employee organization or labor organization; or

      (b) The director of the department of personnel.] the committee on benefits.

      2.  The employer shall deduct an amount from the taxable compensation of an employee pursuant to the agreement between the employer and the employee.

      3.  An employer shall not make any reduction in the taxable compensation of an employee pursuant to this section until the program established meets the requirements of 26 U.S.C. § 125 for eligibility.

      4.  The [director of the department of personnel] committee on benefits may establish and administer a program pursuant to 26 U.S.C. § 125. [He] The committee may:

      (a) Create an appropriate fund for administration of money and other assets resulting from the money deducted under the program.

      (b) Delegate to one or more state agencies or institutions of the University of the Nevada System the responsibility for administering the program for their respective employees, including:

             (1) Collection of money deducted;

             (2) Transmittal of money collected to depositories within the state designated by the [director;] committee; and

             (3) Payment for eligible uses.

      (c) Contract with a natural person, corporation, institution or other entity, directly or through a state agency or institution of the University of Nevada System, for services necessary to the administration of the plan, including:

             (1) Consolidated billing;

             (2) The keeping of records for each participating employee and the program;

             (3) The control and safeguarding of assets;

             (4) Programs for communication with employees; and

             (5) The administration and coordination of the program.

      5.  Each employee who participates in a program established by the [director of personnel] committee pursuant to this section shall pay a proportionate share of the cost to administer the program as determined by the [director.] committee.

      6.  The provisions of this section do not supersede, make inoperative or reduce the benefits provided by the public employees’ retirement system or by any other retirement, pension or benefit program established by law.

      Sec. 16.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The governor.

      (b) The department of prisons.

      (c) The University of Nevada System.

      (d) The department of the military.


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

ê1991 Statutes of Nevada, Page 664 (Chapter 271, AB 509)ê

 

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

      (h) The welfare division of the department of human resources.

      (i) The state board of examiners acting pursuant to chapter 217 of NRS.

      (j) The office of the state engineer.

      2.  The department of education, the committee on [group insurance] benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.

      4.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;

      (b) Chapters 616 and 617 of NRS for the determination of contested claims;

      (c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;

      (d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

      (e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

      5.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      6.  The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.

      Sec. 17.  NRS 331.184 is hereby amended to read as follows:

      331.184  The state risk manager shall:

      1.  Direct and supervise all administrative and technical activities of the risk management division.

      2.  Determine the nature and extent of requirements for insurance, other than group life, accident or health insurance, on risks of an insurable nature of the state and any of its agencies, the premiums for which are payable in whole or in part from public money.

      3.  Negotiate for, procure, purchase and have placed, through a licensed insurance agent or broker residing or domiciled in Nevada, or continued in effect all insurance coverages, other than employee group life, accident or health insurance, which may be reasonably obtainable, whether from insurers authorized to transact business in this state or under the surplus lines provisions of chapter 685A of NRS.


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

ê1991 Statutes of Nevada, Page 665 (Chapter 271, AB 509)ê

 

      4.  Conduct periodic inspections of premises, property and risks to determine insurability, risk and premium rate, and submit a written report of each inspection and appraisal, together with any recommendations that appear appropriate, to the administrator of the agency most responsible for the premises, property or risk, and to the director of the department of administration.

      5.  Provide for self-insurance if the potential loss is relatively insignificant or if the risk is highly predictable and the probability of loss is so slight that the cost of insuring the risk is not a prudent expenditure of public funds, or if insurance is unavailable or unavailable at a reasonable cost.

      6.  Select reasonable deductibles when it appears economically advantageous to the state to do so.

      7.  Select comprehensive and blanket coverages insuring the property of two or more state agencies when that appears economically advisable.

      8.  Investigate and determine the reliability and financial condition of insurers, and the services they provide.

      9.  Minimize risks by adopting and promoting programs to control losses and encourage safety.

      10.  Perform any of the services described in subsections 2, 3 and 4 for any political subdivision of the state at the request of its managing officer or governing body.

      11.  Act as adviser to the [Nevada] committee on [group insurance.] benefits.

      12.  Perform any other function of risk management as directed by the director of the department of administration.

      Sec. 18.  Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 272, AB 496

Assembly Bill No. 496–Select Committee on Corrections

CHAPTER 272

AN ACT relating to parole; authorizing the state board of parole commissioners to release a prisoner on parole regardless of whether the prisoner accepts parole; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 213.140 is hereby amended to read as follows:

      213.140  1.  Whenever any prisoner [shall become] becomes eligible for parole [under] pursuant to this chapter or [rules made pursuant thereto, he may be allowed to go] the regulations adopted pursuant to this chapter, the board shall consider and may authorize his release on parole as provided in NRS 213.110 and elsewhere in this chapter, irrespective of whether he [shall have] has applied to the board for [such parole or not.] parole. If the prisoner has not made such an application before any regular meeting of the board, the secretary of the board shall prepare the application and present the same to the board.


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

ê1991 Statutes of Nevada, Page 666 (Chapter 272, AB 496)ê

 

has not made such an application before any regular meeting of the board, the secretary of the board shall prepare the application and present the same to the board. The board may authorize the release of a prisoner on parole whether or not parole is accepted by the prisoner.

      2.  The board may [make rules and] adopt any regulations necessary or convenient [for the purposes of] to carry out this section.

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

 

________

 

 

CHAPTER 273, AB 487

Assembly Bill No. 487–Assemblymen Heller, McGinness, Humke, Pettyjohn, Stout, Callister, Arberry, Spitler, Giunchigliani, Marvel, Bergevin, Hardy, Little, Elliott and Dini

CHAPTER 273

AN ACT relating to justices’ courts; increasing the fees for marriages performed by justices of the peace; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Except as provided in subsection 2, each justice of the peace shall charge and collect the following fees:

      (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

      If the sum claimed does not exceed $1,000.......................................        $25.00

      If the sum claimed exceeds $1,000 but does not exceed $5,000.....          35.00

      In all other civil actions.......................................................................          25.00

      (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

      If the sum claimed does not exceed $500..........................................          10.00

      If the sum claimed exceeds $500 but does not exceed $1,500........          20.00

      If the sum claimed exceeds $1,500 but does not exceed $2,500.....          30.00

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:

      In all civil actions..................................................................................          10.00

      For every additional defendant, appearing separately...................            5.00

      (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention.................................            5.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court             5.00


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

ê1991 Statutes of Nevada, Page 667 (Chapter 273, AB 487)ê

 

      (g) For filing a notice of appeal, and appeal bonds.......................        $10.00

      One charge only may be made if both papers are filed at the same time.

      (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court........................................................................................          10.00

      (i) For preparation and transmittal of transcript and papers on appeal                10.00

      (j) For celebrating a marriage during business hours on weekdays and returning the certificate to the count recorder [20.00] ..........................         25.00

      (k) For celebrating a marriage on Saturdays, Sundays, legal holidays or during any hours other than business hours and returning the certificate to the county recorder...................................................................................         30.00

      (l) For entering judgment by confession........................................            5.00

      [(l)] (m) For preparing any copy of any record, proceeding or paper, for each page.....................................................................................................              .25

      [(m)] (n) For each certificate of the clerk, under the seal of the court                  2.00

      [(n)] (o) For searching records or files in his office, for each year                       1.00

      [(o)] (p) For filing and processing each bail or property bond....          20.00

      2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

      3.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.

      Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 274, AB 459

Assembly Bill No. 459–Committee on Government Affairs

CHAPTER 274

AN ACT relating to local improvements; clarifying the scope of review in any action brought to contest the formation of an improvement district or the computation of assessments; expanding the factors to be considered in estimating the benefits to be derived from a project; making various changes to the provisions governing notice of certain proceedings; providing for the waiver of certain objections to the validity of the proceedings; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 271 of NRS is hereby amended by adding thereto a new section to read as follows:


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ê1991 Statutes of Nevada, Page 668 (Chapter 274, AB 459)ê

 

      In any action brought pursuant to NRS 271.315 or 271.395, judicial review of the proceedings is confined to the record before the governing body. Evidence that has not been presented to the governing body must not be considered by the court.

      Sec. 2.  NRS 271.208 is hereby amended to read as follows:

      271.208  “Special benefit” means the increase in the market value of a tract that is directly attributable to a project for which an assessment is made as determined by the local government that made the assessment. The term may include incidental costs of the project as determined by the local government.

      Sec. 3.  NRS 271.280 is hereby amended to read as follows:

      271.280  1.  Whenever the governing body [shall be] is of the opinion that the interest of the municipality requires any project, the governing body, by resolution, shall direct the engineer to prepare:

      (a) Preliminary plans showing:

             (1) A typical section of the contemplated improvement.

             (2) The type or types of material, approximate thickness and wideness.

             (3) A preliminary estimate of the cost of the project, including incidental costs.

      (b) An assessment plat showing:

             (1) The area to be assessed.

             (2) The amount of maximum benefits estimated to be assessed against each tract in the assessment area.

The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.

      2.  The resolution may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as [to such engineer may seem] the engineer determines is most desirable for the improvement complete in place.

      3.  The resolution [shall] must describe the project in general terms.

      4.  The resolution [shall] must state:

      (a) What part or portion of the expense [thereof] of the project is of special benefit and therefore [shall] must be paid by assessments.

      (b) What part, if any, has been or is proposed to be defrayed with [moneys] money derived from other than the levy of assessments.

      (c) The basis by which the cost will be apportioned and assessments levied.

      5.  [In case] If the assessment is not to be made according to front feet, the resolution [shall:] must:

      (a) By apt description designate the improvement district, including the tracts to be assessed.

      (b) Describe definitely the location of the project.

      (c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.

      6.  [In case] If the assessment is to be upon the abutting property upon a frontage basis, it [shall be] is sufficient for the resolution so to state and to define the location of the project to be made.


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ê1991 Statutes of Nevada, Page 669 (Chapter 274, AB 459)ê

 

      7.  It [shall not be] is not necessary in any case to describe minutely in the resolution each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.

      8.  The engineer shall forthwith prepare and file with the clerk:

      (a) The preliminary plans; and

      (b) The assessment plat.

      9.  Upon the filing of the plans and plat, they must be examined by the governing body . [shall examine the same; and if] If the plans and plat [be] are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that [such project shall] the project will be acquired or improved, or both acquired and improved.

      Sec. 4.  NRS 271.305 is hereby amended to read as follows:

      271.305  1.  In the provisional order the governing body shall set a time at least 20 days thereafter and a place at which the owners of the tracts to be assessed, or any other interested persons , [interested therein,] may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.

      2.  Notice must be given:

      (a) By publication.

      (b) By mail.

      (c) By posting.

      3.  Proof of publication must be by affidavit of the publisher.

      4.  Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

      5.  Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining [thereto] to the project have been paid in full, including principal, interest, any penalties, and any collection costs.

      6.  The notice must state:

      (a) The kind of project proposed.

      (b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.

      (c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.

      (d) The number of installments and time in which the assessments will be payable.

      (e) The maximum rate of interest on unpaid installments of assessments.

      (f) The extent of the improvement district to be assessed, by boundaries or other brief description.

      (g) The time and place of the hearing where the governing body will consider all objections to the project.


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ê1991 Statutes of Nevada, Page 670 (Chapter 274, AB 459)ê

 

      (h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.

      (i) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.

      (j) That unless there will be no substantial change, a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.

      7.  The notice must also state:

      (a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned will be in proportion to the special benefits thereby derived.

      (b) That if, within the time specified in the notice, complaints, protests and objections in writing [, that is, all written remonstrances,] against acquiring or improving the project proposed by initiation of the governing body [must be] are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district , or in the assessment unit if the improvement district is divided into assessment units, the project therein will not be acquired or improved:

             (1) Except in case the municipality will pay one-half or more of the total cost of any project , other than a park project , with money derived from other than the levy of assessments; or

             (2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to the same street or between improvements already made to intersecting streets, in which case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion [, deems such] deems the written complaints, protests and objections proper to cause the improvement to be stayed or prevented.

      (c) That a person should object to the formation of the district using the procedure outlined in the notice if his support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.

      (d) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:

             (1) He is entitled to be represented by counsel at the hearing;

             (2) Any evidence he desires to present on these issues must be presented at the hearing; and

             (3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315.

      8.  This section does not require the notice to state either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 unless either or both exceptions are determined by the governing body to be relevant to the proposed improvement district to which the notice appertains.


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ê1991 Statutes of Nevada, Page 671 (Chapter 274, AB 459)ê

 

unless either or both exceptions are determined by the governing body to be relevant to the proposed improvement district to which the notice appertains.

      9.  All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.

      10.  No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.

      11.  The engineer, however, may make minor changes in time, plans and materials entering into the work at any time before its completion.

      Sec. 5.  NRS 271.310 is hereby amended to read as follows:

      271.310  1.  On the date and at the place fixed for [such] the hearing any and all property owners interested in [such] the project may [, by written complaints, protests or objections,] present their views in respect to the proposed projects to the governing body . [, or present them orally, and the] The governing body may adjourn the hearing from time to time.

      2.  After the hearing has been concluded, after all written complaints, protests and objections have been read and [duly] considered, and after all persons desiring to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth, and shall by resolution or ordinance, as the board [may determine,] determines, pass upon the merits of each such complaint, protest or objection.

      3.  If the governing body [shall determine] determines that it is not for the public interest that the proposed project, or a part [thereof,] of the project, be made, the governing body shall make an order by resolution to that effect, and thereupon the [proceeding] proceedings for the project, or the part [thereof,] of the project determined against by [such order, shall] the order, must stop and [shall] must not be begun against until the adoption of a new resolution.

      4.  Any complaint, protest or objection to [the] :

      (a) The propriety of acquiring or improving or acquiring and improving the project;

      (b) The estimated cost of the project;

      (c) The determination concerning the portion of the cost of the project to be paid by assessments;

      (d) The method used to estimate the special benefits to be derived from the project generally or by any tract in the assessment area;

      (e) The basis established for apportionment of the assessments; or

      (f) The regularity, validity and correctness of [the proceedings and] any other proceedings or instruments taken, adopted or made [prior to] before the date of the hearing ,

shall be deemed waived unless presented in writing at the time and in the manner [herein specified.] provided by NRS 271.305.

      Sec. 6.  NRS 271.315 is hereby amended to read as follows:

      271.315  1.  Any person filing a written complaint, protest or objection as provided in NRS [271.310, shall have the right,] 271.305 may, within 30 days after the governing body has finally passed on [such] the complaint, protest or objection by resolution or ordinance as provided in subsection 2 of NRS 271.310, [to] commence an action or suit in any court of competent jurisdiction to correct or set aside [such] the determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits [shall be] are perpetually barred.


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ê1991 Statutes of Nevada, Page 672 (Chapter 274, AB 459)ê

 

days after the governing body has finally passed on [such] the complaint, protest or objection by resolution or ordinance as provided in subsection 2 of NRS 271.310, [to] commence an action or suit in any court of competent jurisdiction to correct or set aside [such] the determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits [shall be] are perpetually barred.

      2.  Any person who brings an action pursuant to this section must plead with particularity and prove the facts upon which he relies to establish:

      (a) That the estimate of the benefits to be derived from the project or the method used to apportion the cost of the project is fraudulent, arbitrary or unsupported by substantial evidence; or

      (b) That any provision of NRS 271.265 to 271.310, inclusive, has been violated.

Conclusory allegations of fact or law are insufficient to comply with the requirements of this subsection.

      Sec. 7.  NRS 271.380 is hereby amended to read as follows:

      271.380  1.  Upon receiving the assessment roll, the governing body, by resolution, shall:

      (a) Fix a time and place when and where complaints, protests and objections [that may be] made in writing or verbally concerning the [same,] assessment roll, by the owner of any tract or any person interested, [may] will be heard.

      (b) Order the clerk of the municipality to give notice of the hearing.

      2.  The clerk of the municipality shall give notice by publication and by registered or certified mail of the time and place of [such hearing, which notice shall also] the hearing. The notice must state:

      (a) That the assessment roll is on file in [his office.] the office of the clerk.

      (b) The date of filing the [same.] assessment roll.

      (c) The time and place when and where the governing body will hear all complaints, protests and objections [that may be] made in writing or verbally to the assessment roll [and] or to the proposed assessments . [by the parties thereby aggrieved.]

      (d) That if a person objects to the assessment roll or to the proposed assessments:

             (1) He is entitled to be represented by counsel at the hearing;

             (2) Any evidence he desires to present on these issues must be presented at the hearing; and

             (3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.395.

      (e) That any complaint, protest or objection to the regularity, validity and correctness of the [proceedings, of the] assessment roll, of each assessment , [contained therein,] and of the amount [thereof] of the assessment levied on each tract [, shall be deemed waived unless] must be filed in writing with the clerk of the municipality at least 3 days [prior to] before the assessment hearing.

      Sec. 8.  NRS 271.385 is hereby amended to read as follows:

      271.385  1.  At the time and place [so designated,] designated pursuant to NRS 271.380, the governing body shall hear and determine any written complaint, protest or objection [,] filed as provided in [NRS 271.380,] that section and any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure .


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ê1991 Statutes of Nevada, Page 673 (Chapter 274, AB 459)ê

 

section and any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure . [, and the] The governing body may adjourn the hearing from time to time.

      2.  The governing body, by resolution, [shall have power, in its discretion, to] may revise, correct, confirm or set aside any assessment and [to] order that [such] the assessment be made de novo.

      3.  Any complaint, protest or objection to:

      (a) The assessment roll;

      (b) The regularity, validity and correctness of each assessment;

      (c) The amount of each assessment; or

      (d) The regularity, validity and correctness of any other proceedings occurring after the date of the hearing described in NRS 271.310 and before the date of the hearing governed by this section,

shall be deemed waived unless filed in writing within the time and in the manner provided by NRS 271.380.

      Sec. 9.  NRS 271.395 is hereby amended to read as follows:

      271.395  1.  Within [the 15 days immediately succeeding] 15 days after the effective date of the assessment ordinance, any person who has filed a complaint, protest or objection in writing [, as hereinbefore provided, shall have the right to] in the manner provided by NRS 271.380 may commence an action or suit in any court of competent jurisdiction to correct or set aside [such] the determination.

      2.  Judicial review of the proceedings in any action brought pursuant to this section is limited to the issues described in subsection 3 of NRS 271.385. Any other issue, including, without limitation, the method used to estimate the special benefits to be derived from the project, must not be considered by the court.

      3.  Thereafter all actions or suits attacking the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained [therein,] in the assessment roll, and of the amount [thereof] of the assessment levied on each tract, including [, without limiting the generality of the foregoing,] the defense of confiscation, [shall be] are perpetually barred.

 

________

 

 

CHAPTER 275, AB 458

Assembly Bill No. 458–Committee on Government Affairs

CHAPTER 275

AN ACT relating to the state public works board; revising the manner of appointment of employees of the board; revising the qualifications of the manager and his deputies; and providing other matters properly relating thereto.

 

[Approved June 7, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 341.100 is hereby amended to read as follows:


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ê1991 Statutes of Nevada, Page 674 (Chapter 275, AB 458)ê

 

      341.100  1.  The board may appoint a manager . [and]