[Rev. 3/19/2013 2:00:59 PM]

Link to Page 690

 

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ê1991 Statutes of Nevada, Page 691 (Chapter 277, AB 433)ê

 

      3.  Offstreet parking projects;

      4.  Overpass projects;

      5.  Park projects;

      6.  Sanitary sewer projects;

      7.  Security walls;

      8.  Sidewalk projects;

      9.  Storm sewer projects;

      10.  Street projects;

      11.  Underground electric and communication facilities;

      12.  Underpass projects; and

      13.  Water projects.

      Sec. 6.020  Local improvement law: Collateral powers. The board of supervisors on behalf of the city, for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time.

 

ARTICLE VII

 

Local Bonds and Franchises

 

      Sec. 7.010  Acquisition, operation of municipal utilities. The city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and may hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision of government.

      Sec. 7.020  Borrowing money.

      1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including, without limitation, any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for that purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued pursuant to section 6.020.

      2.  Any property tax levied to pay the principal of or interest on this indebtedness must be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive.

 

ARTICLE VIII

 

Revenue

 

      Sec. 8.010  Municipal taxes.

      1.  The board of supervisors shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real and personal property within the city, except as otherwise provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time.


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ê1991 Statutes of Nevada, Page 692 (Chapter 277, AB 433)ê

 

time. The taxes so levied must be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state, in every respect not inconsistent with the provisions of this charter, are applicable to the levying, assessing and collecting of the municipal taxes.

      2.  In the matter of the equalization of assessments, the rights of the city and its inhabitants must be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.

      3.  All forms and blanks used in levying, assessing and collecting the revenues of the state and counties must, with such alterations or additions as are necessary, be used in levying, assessing and collecting the revenues of the city. The board of supervisors shall enact all such ordinances as it deems necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.

      Sec. 8.020  Revenue ordinances. The board of supervisors may pass and enact all ordinances necessary to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation to those laws.

 

ARTICLE IX

 

Miscellaneous Provisions

 

      Sec. 9.010  Severability of provisions. If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, the decision does not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which is deemed unconstitutional or otherwise invalid.

      Sec. 9.020  Effect of enactment of charter.

      1.  All rights and property of every kind and description which were vested in the city before the enactment of this charter are vested in the same municipal corporation on the effective date of this charter. No right or liability, either in favor of or against the corporation existing at the time of becoming incorporated pursuant to this charter, and no action or prosecution is affected by the change, but stands and progresses as if no change had been made.

      2.  Whenever a different remedy is given by this charter which is applicable to any right existing at the time of the city becoming incorporated pursuant to this charter, that remedy is cumulative to the remedy before provided, and may be used accordingly.

      3.  All ordinances and resolutions in effect in the city before the effective date of this charter, unless they are in conflict with the provisions of this charter, continue in full force and effect until amended or repealed.

      4.  The enactment of this charter does not effect any change in the legal identity of the city.


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ê1991 Statutes of Nevada, Page 693 (Chapter 277, AB 433)ê

 

      5.  The enactment of this charter shall not be construed to repeal or in any way affect or modify:

      (a) Any special, local or temporary law.

      (b) Any law or ordinance making an appropriation.

      (c) Any ordinance affecting any bond issue or by which any bond issue has been authorized.

      (d) The running of the statute of limitations in force at the time this charter becomes effective.

      (e) Any bond of any public officer.

      Sec. 2.  As used in sections 3 to 16, inclusive, of this act:

      1.  “City” means the City of Pahrump.

      2.  “County” means the County of Nye.

      Sec. 3.  1.  Within 30 days after the passage and approval of this act, the board of county commissioners of the county shall designate a date on which an election will be held on the question of incorporation. The date of the election must not be earlier than 60 days or later than 90 days after the passage and approval of this act.

      2.  The board of county commissioners shall cause notice of the election to be published in a newspaper of general circulation within the county at least one each week for 3 consecutive weeks. The final publication of notice must be published before the day of the election.

      3.  The notice must include a description of the area proposed to be incorporated, the location of the polling places and the date and time of the election.

      Sec. 4.  The ballots used for the election held pursuant to section 3 of this act must be in substantially the following form:

Shall the area described as .......................... (describe area) be incorporated as the City of Pahrump?

                                           Yes o                No o

The voter shall mark the ballot by placing a cross (x) next to the word “yes” or “no.”

      Sec. 5.  1.  At least 10 days before the election held pursuant to section 3 of this act, the county clerk shall cause to be mailed to each qualified elector a sample ballot for his precinct with a notice informing the elector of the location of his polling place.

      2.  The sample ballot must:

      (a) Be in the form required by section 4 of this act.

      (b) Describe the area proposed to be incorporated by assessor’s parcel maps, existing boundaries of subdivision or parcel maps, identifying visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination of these.

      3.  As used in this section, “qualified elector” means a person who is registered to vote in this state and is a resident of the area to be included in the city, as shown by the last official registration lists.

      Sec. 6.  1.  The board of county commissioners shall canvass the votes cast in the election held pursuant to section 3 of this act in the same manner as votes are canvassed in a general election. Upon the completion of the canvass, the board shall immediately notify the county clerk of the result.


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ê1991 Statutes of Nevada, Page 694 (Chapter 277, AB 433)ê

 

      2.  The county clerk shall, upon receiving notice of the canvass from the board of county commissioners, immediately cause to be published a notice of the results of the election in a newspaper of general circulation in the county. If the incorporation is approved by the voters, the notice must include the class of the city according to population, as described in NRS 266.055. The county clerk shall file a copy of the notice with the secretary of state.

      Sec. 7.  Upon approval of the incorporation by the voters, the board of county commissioners shall authorize a land surveyor registered pursuant to chapter 625 of NRS to prepare a legal description of the area of the city by metes and bounds and courses and distances. The cost of the survey is a charge against the city.

      Sec. 8.  The costs incurred by the board of county commissioners in carrying out the provisions relating to the incorporation are a charge against the county if the incorporation is disapproved by the voters, and a charge against the city if the incorporation is approved by the voters.

      Sec. 9.  1.  Upon approval of the incorporation by the voters, the board of county commissioners shall designate a date on which an election to elect four supervisors and the mayor of the city will be held. The election must be held not less than 60 days nor more than 120 days after the election held pursuant to section 3 of this act.

      2.  The county clerk shall publish or cause to be published notice of the election in a newspaper of general circulation in the city. The notice must be published once each week for 3 consecutive weeks. If no newspaper of general circulation is published in the city, the county clerk shall post the notice in at least five public places in the city.

      Sec. 10.  A person who wishes to become a candidate for an elective office of the city must:

      1.  Reside within the boundaries of the city; and

      2.  File an affidavit of candidacy with the county clerk not less than 30 days or more than 90 days before the date of the election held pursuant to section 9 of this act.

      Sec. 11.  1.  The terms of the mayor and two of the supervisors elected pursuant to section 9 of this act expire upon the election and qualification of the persons initially elected to the board pursuant to subsection 1 of section 5.010. The terms of the remaining supervisors expire upon the election and qualification of the persons initially elected to the board pursuant to subsection 2 of that section.

      2.  The four supervisors elected pursuant to section 9 of this act shall, at the first meeting of the board after their election and qualification, draw lots to determine the length of their respective terms.

      Sec. 12.  Before the incorporation of the city becomes effective, the board of supervisors of the city may:

      1.  Prepare and adopt a budget;

      2.  Adopt ordinances;

      3.  Levy a tax ad valorem on property within the area of the city, at the time and in the amount prescribed by law for cities, for the fiscal year beginning on the date the incorporation of the city becomes effective;

      4.  Negotiate an equitable apportionment of the fixed assets of the county pursuant to section 14 of this act;


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ê1991 Statutes of Nevada, Page 695 (Chapter 277, AB 433)ê

 

      5.  Negotiate contracts for the employment of personnel;

      6.  Negotiate contracts to provide services for the city, including those services provided for by chapter 277 of NRS; and

      7.  Negotiate contracts for the purchase of equipment, materials and supplies.

      Sec. 13.  1.  During the period from the filing of the notice of the results of the election by the county clerk pursuant to section 6 of this act until the date the incorporation of the city becomes effective, the county is entitled to receive the taxes and other revenue from the city and shall continue to provide services to the city.

      2.  Except as otherwise provided in NRS 318.492, all special districts, except fire protection districts, located within the boundaries of the city continue to exist within the city after the incorporation becomes effective.

      Sec. 14.  1.  The board of supervisors of the city and the board of county commissioners shall, before the date the incorporation becomes effective or within 90 days after that date, equitably apportion those fixed assets of the county which are located within the boundaries of the city. The board of supervisors and the board of county commissioners shall consider the location, use and types of assets in determining an equitable apportionment between the county and the city.

      2.  Any real property and its appurtenances located within the city and not required for the efficient operation of the county’s duties must first be applied toward the city’s share of the assets of the county. Any real property which is required by the county for the efficient operation of its duties must not be transferred to the city.

      3.  If an agreement to apportion the assets of the county is not reached within 90 days after the incorporation of the city, the matter may be submitted to arbitration upon the motion of either party.

      4.  Any appeal of the arbitration award must be filed with the district court within 30 days after the award is granted.

      Sec. 15.  Any property located within the city which was assessed and taxed by the county before incorporation must continue to be assessed and taxed to pay for the indebtedness incurred by the county before incorporation.

      Sec. 16.  1.  This section and sections 2 to 15, inclusive, of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective on July 1, 1992, if the incorporation of the city is approved by the voters at the election held pursuant to section 3 of this act.

 

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ê1991 Statutes of Nevada, Page 696ê

 

CHAPTER 278, AB 369

Assembly Bill No. 369–Committee on Government Affairs

CHAPTER 278

AN ACT relating to local governmental finances; permitting a school district to consent to an assessment of its property by a local improvement district or general improvement district; 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 271.366 is hereby amended to read as follows:

      271.366  [All] Unless the board of trustees of the district consents to the assessment, all property owned and used by a school district is exempt from any assessment made pursuant to the provisions of this chapter.

      Sec. 2.  NRS 318.350 is hereby amended to read as follows:

      318.350  1.  Except as otherwise provided in subsection 2, such part of the expenses of making any public improvement (to implement any one, all or any combination of basic powers stated in NRS 318.116 and granted to any district in proceedings for its organization or in any proceedings for its reorganization or as may be otherwise provided by law), as the board determines by an affirmative vote of at least two-thirds of its members, may be defrayed by special assessments upon lands and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon the improvement and the other lands as in the opinion of the board may be specially benefited by the improvement.

      2.  [All] Unless the board of trustees of the district consents to the assessment, all property owned and used by a school district is exempt from any assessment made pursuant to the provisions of this chapter.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

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CHAPTER 279, AB 350

Assembly Bill No. 350–Committee on Natural Resources, Agriculture and Mining

CHAPTER 279

AN ACT relating to water pollution control; expanding the requirement that the state environmental commission determine the qualifications of certain persons operating package plants for sewage treatment to include all plants for sewage treatment; authorizing the commission to adopt regulations requiring certification by the state department of conservation and natural resources of certain persons operating plants for sewage treatment; 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 445.201 is hereby amended to read as follows:


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ê1991 Statutes of Nevada, Page 697 (Chapter 279, AB 350)ê

 

      445.201  1.  Except as specifically provided in NRS 445.287 to 445.301, inclusive, the commission shall:

      (a) Adopt regulations carrying out the provisions of NRS 445.131 to 445.354, inclusive, including standards of water quality and amounts of waste which may be discharged into the waters of the state.

      (b) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445.376, which may result in that system’s noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human health.

      (c) Advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445.131 to 445.354, inclusive.

      (d) Determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of [package] plants for sewage treatment.

      2.  The commission may by regulation require that supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment be certified by the department. The regulations may include a schedule of fees to pay the costs of certification. The provisions of this subsection apply only to a package plant for sewage treatment whose capacity is more than 5,000 gallons per day and to any other plant whose capacity is more than 10,000 gallons per day.

      3.  In adopting regulations, standards of water quality and effluent limitations pursuant to NRS 445.131 to 445.354, inclusive, the commission shall recognize the historical irrigation practices in the respective river basins of this state, the economy thereof and their effects.

      [3.] 4.  The commission may hold hearings, issue notices of hearings, issue subpenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony as it considers necessary to carry out the provisions of [subsections 1 and 2] this section and for the purpose of reviewing standards of water quality.

      5.  As used in this section, “plant for sewage treatment” means any facility for the treatment, purification or disposal of sewage.

      Sec. 2.  If the state environmental commission requires certification of certain persons pursuant to subsection 2 of NRS 445.201, the state department of conservation and natural resources shall issue, without examination or qualification, provisional certification to each person employed as a supervisor or technician responsible for the operation and maintenance of a plant for sewage treatment on July 1, 1991. Such a provisional certification remains in effect until the employee’s employment by that plant ceases for any reason.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

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ê1991 Statutes of Nevada, Page 698ê

 

CHAPTER 280, AB 337

Assembly Bill No. 337–Committee on Taxation

CHAPTER 280

AN ACT relating to taxation; requiring the department of taxation to establish uniform standards and required training concerning the assessment of property by county assessors; 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 360.215 is hereby amended to read as follows:

      360.215  The department [may:

      1.  Assist] :

      1.  May assist the county assessors in appraising property within their respective counties which the ratio study shows to be [assessed at more or less than 35 percent of its taxable value.

      2.  Consult] in need of reappraisal.

      2.  Shall consult with and assist county assessors to develop and maintain standard assessment procedures to be applied and used in all of the counties of the state, to [the end] ensure that assessments of property by county assessors are made equal in each of the several counties of this state.

      3.  [Visit] Shall visit a selective cross section of assessable properties within the various counties in cooperation with the county assessor and examine these properties and compare them with the tax roll and assist the various county assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.

      4.  [Carry] Shall carry on a continuing study, the object of which is the equalization of property values between counties.

      5.  [Carry] Shall carry on a program of in-service training for county assessors of the several counties of the state, and each year hold classes of instruction in assessing procedure for the purpose of bringing each county assessor and his authorized personnel the newest methods, procedures and practices in assessing property. Expenses of attending such classes are a proper and allowable charge by the board of county commissioners in each county.

      6.  [Continually] Shall continually supervise assessment procedures which are carried on in the several counties of the state and advise county assessors in the application of such procedures. The department shall make a complete written report to each session of the legislature, which must include all reports of its activities and findings and all recommendations which it has made to the several county assessors, and the extent to which [such] the recommendations have been followed.

      7.  [Carry] Shall carry on a continuing program to maintain and study the assessment of public utilities and all other property assessed by the department to the end that [such] the assessment is equalized with the property assessable by county assessors.

      8.  [Conduct] May conduct appraisals at the request of and in conjunction with any county assessor when [such] the assessor considers such assistance necessary.


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ê1991 Statutes of Nevada, Page 699 (Chapter 280, AB 337)ê

 

necessary. One-half of the cost of [such] the appraisal must be paid by the county. In lieu of a cash payment, the county may provide labor, material or services having a value equal to one-half of the appraisal cost.

      9.  Shall establish and maintain a manual of assessment policies and procedures.

      Sec. 2.  NRS 360.230 is hereby amended to read as follows:

      360.230  The department shall [have the power:

      1.  To make diligent investigation with reference to any] :

      1.  Diligently investigate any class or kind of property believed to be escaping just taxation. In pursuance thereof, the department may examine the books and accounts of any person, copartnership or corporation doing business in the state, when such an examination is deemed necessary to a proper determination of the valuation of any property subject to taxation, or the determination of any licenses for the conduct of any business, or the determination of the net proceeds of any mine.

      2.  [To require] Require county assessors, county boards of equalization, county auditors or county treasurers to place upon the roll any property found to be escaping taxation.

 

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CHAPTER 281, AB 335

Assembly Bill No. 335–Committee on Taxation

CHAPTER 281

AN ACT relating to property taxes; revising the standards used by the department of taxation in conducting the ratio study of the assessed value of property; 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 361.333 is hereby amended to read as follows:

      361.333  1.  Not later than May 1 of each year, the department shall:

      (a) Determine the ratio of the assessed value of each type or class of property for which the county assessor has the responsibility of assessing in each county to:

             (1) The assessed value of comparable property in the remaining counties.

             (2) The taxable value of that type or class of property within that county.

      (b) Publish and deliver to the county assessors and the boards of county commissioners of the counties of this state:

             (1) [The average ratio of assessed valuation to the taxable value of property in each county and the state.

             (2) The average ratio of assessed valuation to the taxable value of property in each county.] A comparison of the latest median ratio, overall ratio and coefficient of dispersion of the median for:

             (I) The total property for each of the 17 counties; and


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ê1991 Statutes of Nevada, Page 700 (Chapter 281, AB 335)ê

 

             (II) Each major property class within each county.

             (2) A determination of whether each county has adequate procedures to ensure that all property subject to taxation is being assessed in a correct and timely manner.

             (3) A summary for each county of any deficiencies that were discovered in carrying out the ratio study.

      2.  The ratio study must be conducted on nine counties in one year and eight counties in the next year with the same combination of counties being tested in alternate years.

      3.  [The formulas and standard procedures used by the department in conducting the ratio study must include a random sampling of property and sales and the use of the mean, median, standard deviation and any other] In conducting the ratio study the department shall include an adequate sample of each major property class and may use any statistical criteria that will indicate an accurate ratio of taxable value to assessed value and an accurate measure of assessment equality. [The formulas and standard procedures are the mandatory formulas and procedures to be used by the county assessors.]

      4.  During the month of May of each year, the board of county commissioners, or a representative designated by the board’s chairman, and the county assessor, or a representative designated by the assessor, of each county in which the ratio study was conducted shall meet with the Nevada tax commission. The board of county commissioners and the county assessor, or their representatives, shall:

      (a) Present evidence to the Nevada tax commission of the steps taken to ensure that all property subject to taxation within the county has been assessed as required by law.

      (b) Demonstrate to the Nevada tax commission that any adjustments in assessments ordered in the preceding year as a result of the appraisal procedure provided in paragraph (c) of subsection 5 have been complied with.

      5.  At the conclusion of each meeting with the board of county commissioners and the county assessor, or their representatives, the Nevada tax commission [shall:] may:

      (a) If it finds that all property subject to taxation within the county has been assessed at the proper percentage, take no further action.

      (b) If it finds that any class of property [, as designated in the segregation of the tax roll filed with the secretary of the state board of equalization pursuant to NRS 361.390,] is assessed at less or more than the proper percentage, and if the board of county commissioners approves, order a specified percentage increase or decrease in the assessed valuation of that class on the succeeding tax list and assessment roll.

      (c) If it finds the existence of underassessment or overassessment wherein the ratio of assessed value to taxable value is less than [30] 32 percent or more than [37 1/2 percent within each of the several classes of property] 36 percent in any of the following classes:

             (1) Improvement values for the reappraisal area;

             (2) Land values for the reappraisal area; and

             (3) Total property values for each of the following use categories in the reappraisal area:

             (I) Vacant;


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ê1991 Statutes of Nevada, Page 701 (Chapter 281, AB 335)ê

 

             (II) Single-family residential;

             (III) Multi-residential;

             (IV) Commercial and industrial; and

             (V) Rural,

of the county which are required by law to be assessed at 35 percent of their taxable value, if in the nonreappraisal area the approved land and improvement factors are not being correctly applied or new construction is not being added to the assessment roll in a timely manner, or if the board of county commissioners does not agree to an increase or decrease in assessed value as provided in paragraph (b), order the board of county commissioners to employ forthwith one or more qualified appraisers approved by the department. The payment of such appraisers’ fees is a proper charge against the county notwithstanding that the amount of such fees has not been budgeted in accordance with law. The appraisers shall determine whether or not the county assessor has assessed all real and personal property in the county subject to taxation at the rate of assessment required by law. The appraisers may cooperate with the department in marking their determination if so agreed by the appraisers and the department, and shall cooperate with the department in preparing a report to the Nevada tax commission. The report to the Nevada tax commission must be made on or before October 1 following the date of the order. If the report indicates that any real or personal property in the county subject to taxation has not been assessed at the rate required by law, a copy of the report must be transmitted to the board of county commissioners by the department before November 1. The board of county commissioners shall then order the county assessor to raise or lower the assessment of such property to the rate required by law on the succeeding tax list and assessment roll.

      6.  The Nevada tax commission may adopt regulations reasonably necessary to carry out the provisions of this section.

      7.  Any county assessor who refuses to increase or decrease the assessment of any property pursuant to an order of the Nevada tax commission or the board of county commissioners as provided in this section is guilty of malfeasance in office.

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

 

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ê1991 Statutes of Nevada, Page 702ê

 

CHAPTER 282, AB 498

Assembly Bill No. 498–Select Committee on Corrections

CHAPTER 282

AN ACT relating to parole; changing the time for the mandatory parole of certain offenders; 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 213.1215 is hereby amended to read as follows:

      213.1215  1.  Except as otherwise provided in subsections 3, 4 and 5 and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:

      (a) Has not been released on parole previously for that sentence; and

      (b) Is not otherwise ineligible for parole,

he must be released on parole [9] 12 months before the end of his term, as reduced by any credits he has earned against his sentence. The board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his release.

      2.  Each parole so released must be supervised closely by the department, in accordance with the plan for supervision developed by the executive officer pursuant to NRS 213.122.

      3.  If the board finds, at least 2 months before a prisoner would otherwise be paroled pursuant to subsection 1, that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the board may require the prisoner to serve the balance of his sentence and not grant the parole provided for in subsection 1.

      4.  If the prisoner is the subject of a lawful request from another law enforcement agency that he be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.

      5.  If the department has not completed its establishment of a program for the prisoner’s activities during his parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoner’s program is established.

      6.  For the purposes of this section, the determination of the [9-month] 12-month period before the end of a prisoner’s term must be calculated without consideration of any credits he may have earned against his sentence had he not been paroled.

      Sec. 2.  A prisoner who meets the requirements of NRS 213.1215 for release on parole and who has served all but 9 to 12 months, inclusive, of his term, as reduced by any credits he has earned against his sentence, as of the effective date of this act, must be released on parole pursuant to the provisions of NRS 213.1215 as soon after the effective date of this act as the program for his activities during parole is established.

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

 

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ê1991 Statutes of Nevada, Page 703ê

 

CHAPTER 283, AB 249

Assembly Bill No. 249–Committee on Government Affairs

CHAPTER 283

AN ACT relating to collective bargaining; authorizing employee organizations to engage in joint negotiations on behalf of certain bargaining units; 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 288.170 is hereby amended to read as follows:

      288.170  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.

      2.  A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.

      3.  A head of a department of a local government, an administrative employee or a supervisory employee shall not be a member of the same bargaining unit as the employees under his direction. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of firemen or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.

      4.  Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.

      5.  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the board. Subject to judicial review, the decision of the board is binding upon the local government employer and employee organizations involved. The board shall apply the same criterion as specified in subsection 1.

      6.  As used in this section, “confidential employee” means an employee who is involved in the decisions of management affecting collective bargaining.

 

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ê1991 Statutes of Nevada, Page 704ê

 

CHAPTER 284, AB 74

Assembly Bill No. 74–Committee on Judiciary

CHAPTER 284

AN ACT relating to horse racing; making various changes related to the racing of animals; providing a penalty; 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 466 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  “Chariot race” means a horse race involving not more than eight horses per heat in which a team of two horses pulls a cart with two wheels.

      Sec. 5.  “Commission” means the Nevada racing commission.

      Sec. 6.  “Cutter race” means a horse race involving not more than eight horses per heat in which a team of two horses pulls a cart with two sleigh runners over snow.

      Sec. 7.  “Greyhound” means a purebred greyhound dog registered by the National Greyhound Association.

      Sec. 8.  “Heat” means one of several installments of a race which has two or more installments.

      Sec. 9.  “Horse” means any equine, including a mule.

      Sec. 10.  “Pari-mutuel wagering” means a system of placing wagers on a horse or greyhound race whereby the wager is placed at a window and equipment is used to pay a person’s winnings in the precise amount of money wagered by persons who did not win, after deducting taxes owed and commissions charged by the race track.

      Secs. 11-14.  (Deleted by amendment.)

      Sec. 15.  1.  It is unlawful for any person to use or be responsible for the use of any electrical device or appliance to alter the speed of a racing animal.

      2.  It is unlawful for any person to:

      (a) Possess, manufacture, sell, distribute or market;

      (b) Instruct another in the use of; or

      (c) Cause or be responsible for an electrical current being discharged through,

an electrical or mechanical device or other appliance designed specifically to increase or decrease the speed of an animal during a race, other than a whip approved by the commission.

      3.  Any person who violates the provisions of subsection 1 or 2 is guilty of a gross misdemeanor.

      Sec. 16.  NRS 466.060 is hereby amended to read as follows:

      466.060  1.  The commission shall appoint a [secretary] director of the commission who [shall serve during] serves at the pleasure of the commission. The [secretary] director shall keep a record of all proceedings of the commission, and shall preserve all books, maps, documents and papers belonging to the commission or entrusted to its care.


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

ê1991 Statutes of Nevada, Page 705 (Chapter 284, AB 74)ê

 

commission, and shall preserve all books, maps, documents and papers belonging to the commission or entrusted to its care. The records of the commission are open for inspection at all reasonable times. The [secretary] director shall perform such other duties as the commission [may prescribe.] prescribes.

      2.  The commission may appoint such other officers, clerks, stenographers, inspectors, experts, attorneys and employees as [may be] are necessary, all of whom [shall serve during] serve at the pleasure of the commission.

      3.  The personnel of the commission, except clerical employees, are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the board prescribes, but such leaves must not be of a lesser duration than those provided for other state employees pursuant to chapter 284 of NRS.

      4.  No person is eligible to be appointed by the commission, or to hold any office or position under the commission, who:

      (a) Holds any official relation to any association or corporation engaged in or conducting racing [within the State of Nevada;] in this state;

      (b) Holds stock or bonds therein; or

      (c) Has any other pecuniary interest therein.

      Sec. 17.  NRS 466.1045 is hereby amended to read as follows:

      466.1045  1.  Before the running of any race meet licensed by the [Nevada racing] commission, the licensee shall post with the commission a bond executed by the licensee as principal, and by a corporation qualified [under] pursuant to the laws of this state as surety, payable to the State of Nevada, and conditioned upon the payment of all money due to the state, the payment of purses to the participants, and the payment of the employees of the licensee. The bond must be in such an amount as the commission deems necessary, not to exceed [$50,000.] $100,00. In lieu of a bond, the licensee may deposit with the commission [a like amount of] lawful money of the United States or a certified check in an amount not to exceed $100,000 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 commission. After the race meet the posted cash, check, bond or other security must be returned or exonerated as the case may be, upon full performance by the licensee.

      2.  [Agricultural associations] A nonprofit organization or agricultural association conducting a race [meets are] meet is exempt from the requirements of subsection 1.

      Sec. 18.  NRS 466.115 is hereby amended to read as follows:

      466.115  A license must not be issued to conduct pari-mutuel wagering at a track which is less than 100 miles from another track at which pari-mutuel betting is already licensed to be conducted during the race meet of the track first licensed unless [the] :

      1.  A different type of race is conducted at the second track; or

      2.  The second track is a county fair race meeting authorized by the commission which does not exceed [6] 10 days in duration during that calendar year.


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ê1991 Statutes of Nevada, Page 706 (Chapter 284, AB 74)ê

 

      Sec. 19.  NRS 466.130 is hereby amended to read as follows:

      466.130  1.  The Nevada racing commission may issue licenses for the holding of [trotting and pacing meetings and chariot races at which there may be offered stakes, purses or awards.] :

      (a) Trotting and pacing meetings;

      (b) Chariot races; and

      (c) Cutter races,

at which pari-mutuel wagering will be conducted.

      2.  The Nevada racing commission has supervisory powers over such meetings and races and those licensed in the same manner and to the same extent, where not inappropriate, as it has by virtue of the provisions of this chapter over those licensed under other provisions of this chapter. Every applicant shall pay a license fee of not less than $25 nor more than $200 for each day that races are held.

      Sec. 20.  NRS 466.220 is hereby amended to read as follows:

      466.220  1.  Any person failing to appear before the [Nevada racing] commission at the time and place specified in answer to a summons issued pursuant to NRS 466.180, or refusing to testify, is guilty of a misdemeanor.

      2.  Any person aiding or abetting in the conduct of any meeting [within the State of Nevada] in this state at which races of horses or greyhounds are permitted for any stake, purse or reward, except in accordance with a license [duly] issued and unsuspended or unrevoked by the [Nevada racing] commission, is guilty of a gross misdemeanor.

      3.  [Any] Except as otherwise provided by this section or other specific statute, any violation of the provisions of this chapter [,] or the regulations of the commission [, for which no other penalty is provided in this section] is a misdemeanor.

      Sec. 21.  NRS 466.020 is hereby repealed.

 

________

 

 

CHAPTER 285, AB 31

Assembly Bill No. 31–Committee on Health and Welfare

CHAPTER 285

AN ACT relating to the treatment of alcohol and drug abuse; prohibiting a person who is not certified as an alcohol and drug abuse counselor by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources from representing himself as a certified counselor; providing a penalty; 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 458 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  No person may hold himself out to the public as an alcohol and drug abuse counselor, employ or use the title “alcohol and drug abuse counselor,” “substance abuse counselor” or any similar title in connection with his work, or in any way imply that he is a certified alcohol and drug abuse counselor without being certified as a counselor by the bureau.


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

ê1991 Statutes of Nevada, Page 707 (Chapter 285, AB 31)ê

 

his work, or in any way imply that he is a certified alcohol and drug abuse counselor without being certified as a counselor by the bureau.

      2.  If the bureau believes from satisfactory evidence presented to it that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person.

      (b) Does not preclude criminal prosecution and punishment of a violator.

      3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

 

________

 

 

CHAPTER 286, AB 23

Assembly Bill No. 23–Committee on Health and Welfare

CHAPTER 286

AN ACT relating to public services for children; increasing the percentage of the total number of children receiving certain assistance who may have been in foster care for more than 24 months; 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 432.025 is hereby amended to read as follows:

      432.025  [1.  Beginning October 1, 1983, not] Not more than [45] 60 percent of the total number of children for whom maintenance is provided pursuant to Part E of Title IV of the Social Security Act (42 U.S.C. §§ 670 et seq.) may have been in foster care for more than 24 months.

      [2.  Commencing with the federal fiscal year beginning October 1, 1984, the welfare division shall reduce by 1 percent each fiscal year the total number of children for whom maintenance is so provided and who have been in foster care for more than 24 months.]

 

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ê1991 Statutes of Nevada, Page 708ê

 

CHAPTER 287, SB 214

Senate Bill No. 214–Committee on Judiciary

CHAPTER 287

AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in, and repealing certain provisions in Statutes of Nevada 1987 and Statutes of Nevada 1989; 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.  Section 2 of chapter 480, Statutes of Nevada 1987, at page 1107, is hereby amended to read as follows:

       Sec. 2.  Section 8 of chapter 678, Statutes of Nevada 1985, at page 2296, is hereby amended to read as follows:

      Sec. 8.  1.  Sections 1, 2 and 6 of this act become effective on July 1, 1986, but if, before that date, the Federal Government authorizes a maximum speed limit greater than 60 miles per hour, those sections become effective on the date that limit takes effect.

      2.  Section 3 of this act becomes effective on July 1, 1986, but if, before that date, the Federal Government authorizes a maximum speed limit greater than 60 miles per hour, that section becomes effective on the date that limit takes effect or at 12:01 a.m. on July 1, 1985, whichever is later.

      3.  If the Federal Government withholds money from this state that it would have received but for the provisions of this act, sections 1, 2, 3 and 6 of this act expire by limitation on the date that the money is actually withheld.

      4.  [If Nevada is authorized by the Federal Government to impose a maximum speed limit of or greater than 70 miles per hour, section] Section 5 of this act becomes effective on [the effective date of that authorization, but only if that authorization becomes effective on or before] July 1, [1986. If that section takes effect, it expires by limitation on July 2, 1989.] 1987.

      5.  This section and section 7 of this act become effective on July 1, 1985.

      6.  Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1985.

      Sec. 2.  Section 1 of chapter 53, Statutes of Nevada 1989, at page 146, is hereby amended to read as follows:

       Section 1.  NRS 271.415 is hereby amended to read as follows:

       271.415  1.  In case of an election to pay in installments, the assessment [is payable in not less than 2 nor more than 20 substantially equal annual installments, or not less than 4 nor more than 40 substantially equal semiannual installments, or not less than 8 nor more than 80 quarterly installments of principal.] may be made payable in any manner sufficient to pay the principal and interest in not less than 2 nor more than 21 years after the effective date of the assessment ordinance.


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ê1991 Statutes of Nevada, Page 709 (Chapter 287, SB 214)ê

 

       2.  Interest in all cases on the unpaid balance accruing from the effective date of the assessment ordinance until the respective due dates on the installments is payable [annually, semiannually or quarterly.] at the times specified by the governing body in the assessment ordinance. Except as otherwise provided in sections 2 and 6 of [this act,] chapter 107, Statutes of Nevada 1989, the governing body shall:

       (a) Before assessment bonds are issued or if bonds are not issued, fix the rate or rates of the interest on the unpaid balance of the assessment by resolution at any time after the adoption of the assessment ordinance; or

       (b) If assessment bonds are sold, fix or adjust the rate or rates of interest on the unpaid balance of the assessment due after the date the bonds are sold at no more than 1 percent above the highest rate of interest payable on the assessment bonds [.

       3.  Nothing herein contained limits] at any maturity.

       3.  This section does not limit the discretion of the governing body in determining whether assessments are payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, are due.

       4.  The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon the unpaid balance of the assessment and accrued interest after any delinquency at a rate not exceeding 2 percent per month, and any penalties and collection costs payable after delinquency.

       5.  The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided [herein] in this section and in the assessment ordinance.

      Sec. 3.  Sections 5 and 7 of chapter 213, Statutes of Nevada 1989, at page 476, is hereby amended to read as follows:

       Sec. 5.  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) [Social security number or serial number of holder’s card.] 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.


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ê1991 Statutes of Nevada, Page 710 (Chapter 287, SB 214)ê

 

       (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 donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive, and sections 2 to 11, inclusive, of [this act.] chapter 200, Statutes of Nevada 1989.

       Sec. 7.  Sections 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1989.

      Sec. 4.  Section 3 of chapter 257, Statutes of Nevada 1989, at page 552, is hereby amended to read as follows:

       Sec. 3.  NRS 345.050 is hereby amended to read as follows:

       345.050  1.  The director of the legislative counsel bureau may sell the following publications:

       (a) Nevada Reports.

       (b) Statutes of Nevada.

       (c) Compilation of laws:

             (1) Compiled Laws of Nevada (1861-1873), by Bonnifield and Healy (two volumes).

             (2) General Statutes Nevada 1885 (1861-1885), by Baily & Hammond.

             (3) Compiled Laws of Nevada 1861-1900, by Cutting.

             (4) Revised Laws of Nevada 1912, Volumes I and II (two volumes).

             (5) Revised Laws of Nevada 1919, Volume III.

             (6) Nevada Revised Statutes with annotations, including replacement and supplementary pages.

       (d) Miscellaneous publications:

             (1) Nevada Constitutional Debates & Proceedings 1864.

             (2) Nevada and Sawyer’s Digest 1878.

             (3) Nevada Digest Annotated (1912), by Patrick.

             (4) Journals of the assembly or senate.

             (5) Appendices to journals of senate and assembly.

       2.  [Prices] The legislative commission shall:

       (a) Set the prices for the publications [enumerated in subsection 1 must be set by the legislative commission.] sold pursuant to subsection 1.

       (b) Charge and collect a fee to cover the costs of postage and handling related to the sale of copies of Nevada Reports.

       3.  No volume may be sold or delivered until the purchase price for the volume [has] and the fee for postage and handling have been paid.

       4.  Money received from the sale of Nevada Reports , excluding any money collected for postage and handling, must be deposited in the state general fund. Money received from the sale of all other publications enumerated in subsection 1 and any money collected for postage and handling related to the sale of Nevada Reports must be deposited in the legislative fund.


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ê1991 Statutes of Nevada, Page 711 (Chapter 287, SB 214)ê

 

      Sec. 5.  Section 1 of chapter 297, Statutes of Nevada 1989, at page 628, is hereby amended to read as follows:

       Section 1.  NRS 108.239 is hereby amended to read as follows:

       108.239  1.  Liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien.

       2.  At the time of filing the complaint and issuing the summons, the plaintiff shall [cause] :

       (a) File a notice of pendency of the action in the manner provided in NRS 14.010; and

       (b) Cause a notice to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens [under] pursuant to the provisions of NRS 108.221 to 108.246, inclusive, on the premises to file with the clerk and serve on the plaintiff and also on the defendant, if the defendant is within the state or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof. The statements must be filed within 10 days [of] after the last publication of the notice. The plaintiff and other parties adversely interested must be allowed 5 days to answer the statements.

       3.  If it appears from the records of the county recorder that there are other lien claims recorded against the same premises at the time of the commencement of the action, the plaintiff shall, in addition to and after the initial publication of the notice as provided in paragraph (b) of subsection 2, mail to those other lien claimants, by registered or certified mail, or deliver in person a copy of the notice as published.

       4.  At the time of any change in the venue of the action, the plaintiff shall [record] file a notice of pendency of the action, in the manner provided in NRS 14.010, and include in the notice the court and county to which the action is changed.

       5.  The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the claims to a master to ascertain and report upon the liens and the amount justly due thereon. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.

       6.  On ascertaining the whole amount of the liens with which the premises are justly chargeable, as provided in NRS 108.221 to 108.246, inclusive, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.

       7.  If the proceeds of sale, after the payment of costs, are not sufficient to satisfy the whole amount of the liens included in the decree of sale, the proceeds must be apportioned according to the right of the several parties.


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ê1991 Statutes of Nevada, Page 712 (Chapter 287, SB 214)ê

 

several parties. If the proceeds of the sale amount to more than the sum of the liens and the cost of sale, the remainder must be paid over to the owner of the property.

       8.  Each party whose claim is not satisfied in the manner provided in this section is entitled to personal judgment for the residue against the party legally liable for it if that person has been personally summoned or has appeared in the action.

      Sec. 6.  1.  Section 1 of chapter 311, Statutes of Nevada 1989, at page 656, is hereby amended to read as follows:

       Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Except as otherwise provided in this section, a person shall not carry or possess, while on the property of the University of Nevada System or a private or public school, or in a vehicle of a private or public school:

       (a) An explosive or incendiary device;

       (b) A dirk, dagger or switchblade knife;

       (c) A nunchaku or trefoil;

       (d) A blackjack or billy club or metal knuckles; or

       (e) A pistol, revolver or other firearm.

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

       3.  This section does not prohibit the possession of a weapon listed in subsection 1 on the property of a private or public school by a:

       (a) Peace officer;

       (b) School security guard; or

       (c) Person having written permission from the president of the university or community college or the principal of the school to carry or possess the weapon.

       4.  For the purposes of this section:

       (a) “Explosive or incendiary device” has the meaning ascribed to it in NRS 202.260.

       (b) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

       (c) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

       (d) “Trefoil” has the meaning ascribed to it in NRS 202.350.

       (e) “Vehicle” has the meaning ascribed to it in NRS 484.148.

      2.  Chapter 311, Statutes of Nevada 1989, at page 656, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1, to read as follows:

       Sec. 1.5  NRS 202.253 is hereby amended to read as follows:

       202.253  As used in NRS 202.255 to 202.360, inclusive, [and] section 1 of [this act,] chapter 580, Statutes of Nevada 1989 and section 1 of this act, “firearm” means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.

      Sec. 7.  Section 23 of chapter 373, Statutes of Nevada 1989, at page 784, is hereby amended to read as follows:

       Sec. 23.  NRS 625.295 is hereby amended to read as follows:


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ê1991 Statutes of Nevada, Page 713 (Chapter 287, SB 214)ê

 

       625.295  1.  The board shall issue a certificate of registration to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter concerning [registered] professional land surveyors.

       2.  Certificates of registration must:

       (a) Show the full name of the registrant.

       (b) Have a [serial] registration number.

       (c) Be signed by the chairman and [secretary] executive director under the seal of the board.

       (d) Authorize the practice of land surveying.

       3.  The issuance of a certificate of registration by the board is evidence that the person named thereon is entitled to all the rights and privileges of a [registered] professional land surveyor while the certificate remains unrevoked or unexpired.

      Sec. 8.  Section 9 of chapter 410, Statutes of Nevada 1989, at page 877, is hereby amended to read as follows:

       Sec. 9.  NRS 78.378 is hereby amended to read as follows:

       78.378  1.  The provisions of NRS 78.378 to 78.3793, inclusive, are applicable to any acquisition of a controlling interest in an issuing corporation unless [, before an acquisition is made,] the articles of incorporation or bylaws of the corporation in effect on the 10th day following the acquisition of a controlling interest by an acquiring person provide that the provisions of those sections do not apply.

       2.  The articles of incorporation, the bylaws or a resolution adopted by the directors of the issuing corporation may impose stricter requirements on the acquisition of a controlling interest in the corporation than the provisions of NRS 78.378 to 78.3793, inclusive.

       3.  The provisions of NRS 78.378 to 78.3793, inclusive, do not restrict the directors of an issuing corporation from taking action to protect the interests of the corporation and its stockholders, including, but not limited to, adopting or executing plans, arrangements or instruments that deny rights, privileges, power or authority to a holder of a specified number of shares or percentage of share ownership or voting power.

      Sec. 9.  Section 1 of chapter 491, Statutes of Nevada 1989, at page 1052, is hereby amended to read as follows:

       Section 1.  NRS 533.380 is hereby amended to read as follows:

       533.380  1.  In his endorsement of approval upon any application, the state engineer shall:

       (a) Set a time before which the construction of the work must be completed, which must be within 5 years of the date of such approval.

       (b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an applicant for a permit to apply water to a municipal or quasi-municipal use on any land [for] :

             (1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS ;


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ê1991 Statutes of Nevada, Page 714 (Chapter 287, SB 214)ê

 

             (2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS, must not be less than 5 years.

       2.  The state engineer may limit the applicant to a smaller quantity of water, to a shorter [period] time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter [period] time for the perfecting of the application than named in the application.

       3.  Except as otherwise provided in subsection 4 [,] and subject to the provisions of NRS 533.395, the state engineer may, for good cause shown, extend the time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by him, but an application for the extension must in all cases be made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410.

       4.  [Whenever] Subject to the provisions of NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land [for which a final subdivision map has been recorded pursuant to chapter 278 of NRS,] referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the state engineer shall, in determining whether to grant or deny the extension, consider, among other [reasons:] factors:

       (a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

       (b) The number of parcels [of land] and commercial or residential units which are contained in or planned for the [subdivision] land being developed or the area being served by the county, city, town, public water district or public water company;

       (c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use; [and]

       (d) Any delays in the development of the [subdivision] land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions [.] ; and

       (e) The period contemplated in the:

             (1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

if any, for completing the development of the land.

      Sec. 10.  Section 2 of chapter 497, Statutes of Nevada 1989, at page 1058, is hereby amended to read as follows:

       Sec. 2.  NRS 176.059 is hereby amended to read as follows:


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ê1991 Statutes of Nevada, Page 715 (Chapter 287, SB 214)ê

 

       176.059  1.  [When] Except as otherwise provided in subsection 2, when a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, [except one regulating metered parking,] the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

       Fine                                                                                         Assessment

$5 to $49..............................................................................................     $10

50 to  59...............................................................................................       25

60 to  69...............................................................................................       30

70 to  79...............................................................................................       35

80 to  89...............................................................................................       40

90 to  99...............................................................................................       45

100 to  199.............................................................................................       55

200 to  299.............................................................................................       65

300 to  399.............................................................................................       75

400 to  499.............................................................................................       85

500 to  1,000..........................................................................................     100

 

       2.  The provisions of subsection 1 do not apply to:

       (a) An ordinance regulating metered parking; or

       (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 268.019 or section 1 of this act.

       3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.

       [3.] 4.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

       (a) One dollar and fifty cents to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders.

       (b) Two dollars and fifty cents for credit to a special account in the municipal general fund for the use of the municipal courts.

       (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

       [4.] 5.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

 


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ê1991 Statutes of Nevada, Page 716 (Chapter 287, SB 214)ê

 

of that month, the money received in the following amounts for each assessment received:

       (a) One dollar and fifty cents for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders.

       (b) Two dollars and fifty cents for credit to a special account in the county general fund for the use of the justices’ courts.

       (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

       [5.] 6.  The money apportioned to a juvenile court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court and to acquire a computer or the use of one.

       [6.] 7.  Of the total amount deposited in the state general fund pursuant to subsections [3 and 4,] 4 and 5, the state controller shall distribute the money received to the following public agencies in the following amounts for each assessment received up to the amounts authorized by the legislature:

       (a) Six dollars to the office of the court administrator for allocation as follows:

             (1) One dollar and fifty cents for the administration of the courts.

             (2) Eighty cents for the development of a uniform system for judicial records.

             (3) Seventy cents for continuing judicial education.

             (4) Three dollars for the supreme court.

       (b) Based upon the availability of money from the assessment and to the extent of legislative authorization, not more than $1 for the peace officers’ standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement.

       (c) The remainder of any amount so deposited must be used to the extent of legislative authorization for the support of:

             (1) The central repository for Nevada records of criminal history;

             (2) The activities of the investigation division of the department of motor vehicles and public safety related to law enforcement;

             (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and

             (4) The fund for the compensation of victims of crime.

      Sec. 11.  Section 15 of chapter 532, Statutes of Nevada 1989, at page 1123, is hereby repealed.

      Sec. 12.  Section 2 of chapter 545, Statutes of Nevada 1989, at page 1159, is hereby amended to read as follows:

       Sec. 2.  This act becomes effective at 12:01 a.m. on July 1, 1989.

      Sec. 13.  Section 17 of chapter 567, Statutes of Nevada 1989, at page 1206, is hereby amended to read as follows:

       Sec. 17.  Section 2 of chapter 283, Statutes of Nevada 1989, is hereby amended to read as follows:


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ê1991 Statutes of Nevada, Page 717 (Chapter 287, SB 214)ê

 

      Sec. 2.  1.  A district attorney may create within his office a program for restitution for persons referred to the district attorney by a law enforcement officer who has probable cause to believe the person violated subsection 9 of section 13 of chapter 567, Statutes of Nevada 1989, or NRS 205.130 or 205.380. The program may be conducted by the district attorney in conjunction with the county sheriff, police department or any other law enforcement agency in whose jurisdiction a violation of subsection 9 of section 13 of chapter 567, Statutes of Nevada 1989, or NRS 205.130 or 205.380 has occurred, or by a private entity under contract with the district attorney.

      2.  The district attorney may adopt standards for the law enforcement agency which indicate the minimum requirements of investigation by the agency for its referral of a person to the district attorney for acceptance in the program.

      3.  If such a person is referred to the district attorney, the district attorney shall determine if the person is appropriate for acceptance in the program. The district attorney may consider:

      (a) The amount of the check or draft drawn or passed without sufficient money or credit to pay it in full;

      (b) The prior criminal record of the person;

      (c) Prior referrals of the person to the program;

      (d) The number of times the person has violated subsection 9 of section 13 of chapter 567, Statutes of Nevada 1989, or NRS 205.130 or 205.380;

      (e) Whether other allegations of drawing or passing checks or drafts without sufficient money or credit to pay them in full are pending against the person; and

      (f) The strength of the evidence, if any, of the person’s intent to defraud the alleged victim.

      4.  Except as otherwise provided in section 5 of this act, this section does not limit the authority of the district attorney to prosecute violations of subsection 9 of section 13 of chapter 567, Statutes of Nevada 1989, or NRS 205.130 or 205.380.

      Sec. 14.  Section 1 of chapter 600, Statutes of Nevada 1989, at page 1290, is hereby amended to read as follows:

       Section 1.  NRS 707.360 is hereby amended to read as follows:

       707.360  1.  The rehabilitation division of the department of human resources shall develop and administer a program whereby [any] :

       (a) Any person who is a customer of a telephone company which provides service through a local exchange and who is certified by the division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service [.] ; and

       (b) Any person who is deaf or has a severely impaired speech or hearing may communicate by telephone with other persons through a dual-party relay system.


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ê1991 Statutes of Nevada, Page 718 (Chapter 287, SB 214)ê

 

The program must be approved by the public service commission of Nevada.

       2.  A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this state which is sufficient to cover the costs of the program. The commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the commission pursuant to regulations adopted by the commission.

       3.  The account for telecommunication and relay services for persons with impaired speech or hearing is hereby created within the state general fund and must be administered by the division. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the state treasury for credit to the account. The money is the account may be used only:

       (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication [;] , including the distribution of devices to state agencies and nonprofit organizations;

       (b) To establish and maintain the dual-party relay system;

       (c) To reimburse telephone companies for the expenses incurred in collecting and transferring to the commission the surcharge imposed by the commission;

       [(c)] (d) For the general administration of the program; and

       [(d)] (e) To train persons in the use of the devices.

       4.  For the purposes of this section [, a “device] :

       (a) “Device for telecommunication” means a device which has a keyboard used to send messages by telephone, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

       (b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

      Sec. 15.  Section 2 of chapter 618, Statutes of Nevada 1989, at page 1397, is hereby amended to read as follows:

       Sec. 2.  NRS 483.460 is hereby amended to read as follows:

       483.460  1.  Unless otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

       (a) For a period of 3 years if the offense is:

             (1) Violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

       (b) For a period of 1 year if the offense is:


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ê1991 Statutes of Nevada, Page 719 (Chapter 287, SB 214)ê

 

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

       (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

       2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.

       3.  When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

       4.  The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to section 4 of [this act] chapter 742, Statutes of Nevada 1989, but operates a motor vehicle without such a device:

       (a) For 1 year if it is his first such offense during the period of required use of the device.

       (b) For 5 years if it is his second such offense during the period of required use of the device.

       5.  When the department is notified that a court has, pursuant to section 1 of chapter 160, Statutes of Nevada 1989, ordered the suspension or delay in issuance of a child’s license, the department shall take such actions as are necessary to carry out the court’s order.

      Sec. 16.  Section 17 of chapter 622, Statutes of Nevada 1989, at page 1417, is hereby amended to read as follows:

       Sec. 17.  NRS 366.190 is hereby amended to read as follows:

       366.190  1.  Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of [20] 22 cents per gallon on the sale or use of special fuels.

       2.  A tax is hereby imposed at the rate of 18 cents per gallon on the sale or use of compressed natural gas.


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ê1991 Statutes of Nevada, Page 720 (Chapter 287, SB 214)ê

 

      Sec. 17.  1.  Section 1 of chapter 630, Statutes of Nevada 1989, at page 1450, is hereby amended to read as follows:

       Section 1.  NRS 639.282 is hereby amended to read as follows:

       639.282  1.  Except as otherwise provided in NRS 639.267, it is unlawful for any person to have in his possession, or under his control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:

       (a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist or practitioner;

       (b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;

       (c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;

       (d) Is no longer safe or effective for use, as indicated by the expiration date appearing on its label; or

       (e) Has not been properly stored or refrigerated as required by its label.

       2.  The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. The preparation, drug or chemical must not be sold or otherwise disposed of until the certification required by this subsection has been presented to and approved by the board.

       3.  In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or an inspector of the board [.] , or two persons designated as agents by the board who include an inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.

       4.  As used in this section, “health care board” includes the state board of pharmacy, the state board of nursing, the board of medical examiners and the Nevada state board of veterinary medical examiners.

      2.  Chapter 630, Statutes of Nevada 1989, at page 1450, is hereby amended by adding thereto a new section to be designated as section 2, immediately following section 1, to read as follows:

       Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1989.

      Sec. 18.  Chapter 636, Statutes of Nevada 1989, at page 1473, is hereby amended by adding thereto new sections to be designated as sections 13.1 to 13.7, inclusive, immediately following section 13, to read respectively as follows:

       Sec. 13.1  NRS 489.4975 is hereby amended to read as follows:


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ê1991 Statutes of Nevada, Page 721 (Chapter 287, SB 214)ê

 

       489.4975  1.  When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter in an action described in NRS 489.4973, the judgment creditor may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the [fund] account in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per claimant and the liability of the [fund] account may not exceed $100,000 for any licensee.

       2.  A copy of the petition must be served upon the administrator and an affidavit of service filed with the court.

       3.  The court shall act upon the petition within 30 days after service and, upon the hearing of the petition, the judgment creditor must show that:

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

       (b) He has complied with all the requirements of NRS 489.4971 to 489.4989, inclusive.

       (c) He has obtained a judgment of the kind described in subsection 1, stating the amount of the judgment and the amount owing on it at the date of the petition.

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

       (e) He and the division have made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.

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

       Sec. 13.2.  NRS 489.4977 is hereby amended to read as follows:

       489.4977  1.  The administrator may answer and defend any action against the [fund] account in the name of the defendant and may use any appropriate method of review on behalf of the [fund.] account.

       2.  The judgment set forth in the petition must be considered as prima facie evidence only and the findings of fact in it are not conclusive for the purposes of this chapter.

       3.  The administrator may, subject to court approval, compromise a claim based upon the application of the judgment creditor. He shall not be bound by any prior compromise of the judgment debtor.

       Sec. 13.3  NRS 489.4979 is hereby amended to read as follows:

       489.4979 After the hearing, if the court finds that a claim may be made against the [fund,] account, the court shall enter an order directing the administrator to pay from the [fund] account an amount within the limitations set by NRS 489.4975 and 489.4983.


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ê1991 Statutes of Nevada, Page 722 (Chapter 287, SB 214)ê

 

       Sec. 13.4  NRS 489.4981 is hereby amended to read as follows:

       489.4981  If the administrator pays any amount in settlement of a claim or towards satisfaction of a judgment against a licensee from the [fund,] account, the license is automatically suspended upon the effective date of an order by the court authorizing payment from the [fund.] account. A licensee may not be granted reinstatement until he has repaid in full, plus interest at the rate of 12 percent per annum, the amount paid from the [fund] account on his behalf. Interest is to be computed from the date payment from the [fund] account is made.

       Sec. 13.5  NRS 489.4983 is hereby amended to read as follows:

       489.4983  1.  Whenever multiple claims against a licensee are filed against the [fund] account and they exceed in the aggregate $100,000, the maximum liability of the [fund] account for the licensee must be distributed among the claimants in the ratio that their respective claims bear to the total of all claims, or in any other manner that the court may find equitable.

       2.  The distribution must be made without regard to the order of priority in which the claims were filed or judgments entered.

       3.  Upon the petition of the administrator, the court may require all claimants and prospective claimants to be joined in one action so that the respective rights of all claimants may be equitably determined.

       4.  If, at any time, the money deposited in the [fund] account is insufficient to satisfy any authorized claim or portion of a claim, the administrator shall, when sufficient money has been deposited in the [fund,] account, satisfy the unpaid claims or portions thereof, in the order that the claims or portions thereof were originally filed, plus accumulated interest at the rate of 6 percent per annum.

       Sec. 13.6  NRS 489.4985 is hereby amended to read as follows:

       489.4985  When the administrator has paid from the [fund] account any sum to the judgment creditor, the administrator is subrogated to all other rights of the judgment creditor and the judgment creditor shall assign all his right, title and interest in the judgment to the administrator and any amount and interest so recovered by the administrator on the judgment must be deposited in the [fund.] account.

       Sec. 13.7  NRS 489.4989 is hereby amended to read as follows:

       489.4989  Nothing contained in NRS 489.4971 to 489.4989, inclusive, limits the authority of the administrator to take disciplinary action against a licensee for a violation of any of the provisions of this chapter or of the regulations of the division, nor does the repayment in full of obligations to the [fund] account by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of this chapter or the regulations adopted under it.

      Sec. 19.  Section 6 of chapter 676, Statutes of Nevada 1989, at page 1570, is hereby amended to read as follows:

       Sec. 6.  NRS 641A.410 is hereby amended to read as follows:

       641A.410  1.  It is unlawful for any person to engage in the practice of marriage and family therapy unless he is licensed under the provisions of this chapter.

       2.  The provisions of this chapter do not:


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ê1991 Statutes of Nevada, Page 723 (Chapter 287, SB 214)ê

 

       (a) Prevent any licensed physician, licensed nurse, licensed psychologist, certified alcohol or drug abuse counselor [, licensed or ordained minister in good standing within his denomination] or other person licensed or certified by the state from carrying out the functions permitted by his respective license or certification if the person does not hold himself out to the public by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.

       (b) Apply to any activity or service of a student who is obtaining a professional education as recognized by the board if the activity or service constitutes a part of the student’s supervised course of study, the activities are supervised by a licensee under this chapter and the student is designated by the title “intern in marriage and family therapy” or any other title which clearly indicates his status as a student.

       (c) Apply to any activity or service of an intern while he is obtaining the experience required for licensing as a marriage and family therapist.

       (d) Apply to a licensed or ordained minister in good standing with his denomination whose duty is primarily to serve his congregation and whose practice of marriage and family therapy is incidental to his other duties if he does not hold himself out to the public by any title or description of service that is likely to cause confusion with the titles and descriptions or services set forth in this chapter.

      Sec. 20.  Sections 5 and 22 of chapter 716, Statutes of Nevada 1989, at pages 1650 and 1659, respectively, are hereby amended to read respectively as follows:

       Sec. 5.  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.

       (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 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;


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ê1991 Statutes of Nevada, Page 724 (Chapter 287, SB 214)ê

 

       (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. 22.  NRS 641.312 is hereby amended to read as follows:

       641.312  1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked is entitled to judicial review of the order.

       2.  Every order which limits the practice of psychology or suspends or revokes a license is effective from the date the board certifies the order until the date the order is modified or reversed by a final judgment of the court. [The court shall not stay the order unless the board, a panel of its members or the hearing officer has failed to comply with the procedural requirements provided for in NRS 233B.140.]

       3.  The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.

      Sec. 21.  Chapter 723, Statutes of Nevada 1989, at page 1672, is hereby amended by adding thereto a new section to be designated section 4, immediately following section 3, to read as follows:

       Sec. 4.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1989.

      Sec. 22.  Sections 25, 26 and 68 of chapter 736, Statutes of Nevada 1989, at pages 1701, 1702 and 1715, respectively, are hereby amended to read respectively as follows:

       Sec. 25.  NRS 639.040 is hereby amended to read as follows:

       639.040  1.  The board shall elect a president and a treasurer from among its members.

       2.  The board shall employ a secretary, who must not be a member of the board. The secretary shall keep a complete record of all proceedings of the board and of all certificates issued, and shall perform such other duties as the board may from time to time require, for which services he is entitled to receive a salary to be determined by the board.


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ê1991 Statutes of Nevada, Page 725 (Chapter 287, SB 214)ê

 

[The secretary is entitled to receive his necessary expenses while engaged in the business of the board, to be paid from money received by the board.]

       3.  The secretary and the treasurer shall each give a satisfactory bond running to the board in the sum of not less than $2,000, and such a greater sum as the board may from time to time require, for the faithful discharge of their respective duties. The premium or costs of [such] those bonds must be paid out of money received by the board.

       Sec. 26.  NRS 639.050 is hereby amended to read as follows:

       639.050  1.  The board shall hold a meeting at least once in every 6 months.

       2.  Four members of the board constitute a quorum.

       3.  Meetings of the board which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations are closed to the public.

       4.  Each member of the board is entitled to receive:

       (a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board. [.

       (b) Expenses for subsistence and lodging, not to exceed the amount provided by law for state employees, and expenses for transportation while traveling on business of the board.] ; and

       (b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.

       5.  While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.

       Sec. 68  NRS 445.451 is hereby amended to read as follows:

       445.451  1.  The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:

       (a) The director of the department of wildlife;

       (b) The state forester firewarden;

       (c) The state engineer;

       (d) The executive director of the state department of agriculture;

       (e) The executive director of the department of minerals;

       (f) A member of the state board of health to be designated by that board; and

       (g) Five members appointed by the governor , one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS and one of whom possesses expertise in performing mining reclamation.

       2.  The governor shall appoint the chairman of the commission from among the members.

       3.  A majority of the members constitutes a quorum and a majority of those present must concur in any decision.


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ê1991 Statutes of Nevada, Page 726 (Chapter 287, SB 214)ê

 

       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 commission, for each day’s attendance at a meeting of the commission.

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

       6.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which [may be] is a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

       [6.] 7.  The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including the department of transportation, the department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles and public safety, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.

      Sec. 23.  Sections 5 and 8 of chapter 738, Statutes of Nevada 1989, at pages 1729 and 1731, respectively, are hereby amended to read respectively as follows:

       Sec. 5.  NRS 293.3155 is hereby amended to read as follows:

       293.3155  Notwithstanding any other provisions of this Title:

       1.  Any registered voter of this state who resides outside this state may use the form provided by the Federal Government as a special absent ballot for a primary or general election if the voter:

       (a) Requests an absent ballot and the request is received by the county clerk not later than 30 days before the primary or general election; and

       (b) Does not receive the absent ballot.

       2.  The special absent ballot must be used only for the offices of President and Vice President of the United States, United States Senator and Representative in Congress. The ballot must allow the registered voter to vote by writing in his choice of a political party for each office, the name of a candidate for each office, or the name of the person whom the voter prefers for each office.

       3.  The special absent ballot must not be counted if:

       (a) It is submitted from any location within this state;

       (b) The county clerk receives the request for an absent ballot less than 30 days before the primary or general election; or


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ê1991 Statutes of Nevada, Page 727 (Chapter 287, SB 214)ê

 

       (c) The county clerk receives the absent ballot on or before the date of the primary or general election.

       4.  A county clerk who receives a request from a voter for an absent ballot for a primary election pursuant to this section shall also consider such a request as a request for an absent ballot for the general election unless otherwise specified in the request.

       5.  A voter who requests an absent ballot for a primary election pursuant to this section must be allowed to vote in person in the general election if he signs a statement, under penalty of perjury, that he did not:

       (a) Intend that his request for an absent ballot for the primary election be considered a request for an absent ballot for the general election; and

       (b) Receive an absent ballot for the general election.

       Sec. 8.  Sections 2 and 5 of this act become effective at 12:01 a.m. on October 1, 1989.

      Sec. 24.  Sections 14, 15 and 16 of chapter 748, Statutes of Nevada 1989, at pages 1759 and 1760, are hereby amended to read respectively as follows:

       Sec. 14.  NRS 433A.170 is hereby amended to read as follows:

       433A.170  The administrative officer of a facility operated by the division or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS 433A.150 and 433A.160 unless that application is accompanied by a certificate of a psychiatrist, licensed psychologist or physician stating that he has examined the person alleged to be mentally ill and that he has concluded that as a result of mental illness the person is likely to harm himself or others . [or is gravely disabled.] This certificate may be obtained from a psychiatrist, licensed psychologist, or physician who is employed by the public or private mental health facility to which the application is made.

       Sec. 15.  NRS 433A.200 is hereby amended to read as follows:

       433A.200  A proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

       1.  By a certificate of a physician or licensed psychologist stating that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others ; [or that he is gravely disabled;] or

       2.  By a sworn written statement by the petitioner that:

       (a) The petitioner has probable cause to believe that the person is mentally ill and, because of [such] that illness is likely to harm himself or others ; [, or is gravely disabled;] and


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ê1991 Statutes of Nevada, Page 728 (Chapter 287, SB 214)ê

 

       (b) That the person has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

       Sec. 16.  NRS 433A.210 is hereby amended to read as follows:

       433A.210  A petition filed with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.150 must include:

       1.  A certified copy of the application made pursuant to NRS 433A.160 with respect to the person detained; and

       2.  A petition executed by a psychiatrist, licensed psychologist , or physician certifying that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others . [or is gravely disabled.]

      Sec. 25.  Sections 4 and 10 of chapter 753, Statutes of Nevada 1989, at pages 1779 and 1782, respectively, are hereby amended to read respectively as follows:

       Sec. 4.  NRS 502.240 is hereby amended to read as follows:

       502.240  The department shall issue annual licenses and limited permits:

       1.  To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license [.] or $9 for a combination hunting and fishing license.

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

       3.  Except as otherwise provided in NRS 502.245 [,] and 504.390, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:

 

For a fishing license..............................................................    $15.00

For a 10-day permit to fish...................................................      10.00

For a 3-day permit to fish.....................................................        6.00

For a hunting license............................................................      20.00

For a combined hunting and fishing license.....................      33.50

For a trapping license...........................................................      30.50

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

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

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

 

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


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ê1991 Statutes of Nevada, Page 729 (Chapter 287, SB 214)ê

 

which annual license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30 . [).]

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

 

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

For a 10-day permit to fish...................................................           20

For a 3-day permit to fish.....................................................           12

For a hunting license............................................................         $90

For an annual trapper’s license...........................................         150

For a fur dealer’s license......................................................         100

For an annual master guide’s license.................................         250

For an annual subguide’s license.......................................         125

For a 10-day permit to hunt upland game and waterfowl           40

 

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

 

For a noncommercial wildlife culturing facility.................           $5

For a commercial or private shooting preserve................         100

For a commercial wildlife culturing facility........................         100

For a live bait dealer’s permit..............................................           35

For a competitive field trials permit....................................           25

For a permit to train dogs or falcons..................................             5

For a falconry license...........................................................           30

For an importation permit.....................................................             5

For an import eligibility permit............................................           25

For an exportation permit.....................................................             5

For a permit to maintain a collection of live wild animals           10

For any other special permit issued by the department, a fee not to exceed $100 set by the commission.

 

       Sec. 10.  1.  This section and sections 1, 6, 8 and 9 of this act become effective on October 1, 1989.

       2.  Section 7 of this act becomes effective at 12:01 a.m. on October 1, 1989.

       3.  Sections 2, 3 and 5 of this act become effective on March 1, 1990.

       4.  Section 4 of this act becomes effective at 12:01 a.m. on March 1, 1990.

      Sec. 26.  Section 1 of chapter 754, Statutes of Nevada 1989, at page 1783, is hereby repealed.


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ê1991 Statutes of Nevada, Page 730 (Chapter 287, SB 214)ê

 

      Sec. 27.  Sections 1, 2 and 3 of chapter 762, Statutes of Nevada 1989, at pages 1800, 1801 and 1802, respectively, are hereby amended to read respectively as follows:

       Section 1.  NRS 428.030 is hereby amended to read as follows:

       428.030  1.  When any person meets the uniform standards of eligibility established by the board of county commissioners or by NRS 439B.310, if applicable, then he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

       2.  The board of county commissioners of the county of residence of indigent inpatients shall pay hospitals for the costs of treating those indigent inpatients and any nonresident indigent inpatients who fall sick in the county an amount which is not less than [85 percent of] the payment required for providing the same treatment to patients pursuant to the state plan for assistance to the medically indigent, within the limits of money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

       3.  The board of county commissioners may:

       (a) Make contracts for the necessary maintenance of indigent persons;

       (b) Appoint such agents as the board deems necessary to oversee and provide the necessary maintenance of indigent persons;

       (c) Authorize the payment of cash grants directly to indigent persons for their necessary maintenance; or

       (d) Provide for the necessary maintenance of indigent persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c).

       4.  A hospital may contract with the department of human resources to obtain the services of a state employee to be assigned to the hospital to evaluate the eligibility of patients applying for indigent status. Payment for those services must be made by the hospital.

       Sec. 2.  NRS 439B.330 is hereby amended to read as follows:

       439B.330  1.  Except as otherwise provided in NRS 439B.300 and subsection 2 of this section, each county shall use the definition of “indigent” in NRS 439B.310 to determine a person’s eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.

       2.  A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:

       (a) Pay a higher rate to the hospital for treatment of indigent inpatients;

       (b) Pay the hospital for treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or

       (c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.


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ê1991 Statutes of Nevada, Page 731 (Chapter 287, SB 214)ê

 

       3.  Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county of residence of the patient a discharge form identifying the patient as a possible indigent and containing the information required by the department and the county to be included in all such forms.

       4.  The county which receives a discharge form from a hospital for an indigent inpatient shall verify the status of the patient and the amount which the hospital is entitled to receive. A hospital aggrieved by a determination of a county regarding the indigent status of an inpatient may appeal the determination to a court having general jurisdiction in the county.

       5.  Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 439.320, if the county is the county of residence of the patient and the patient is indigent, the county shall pay to the hospital the amount required, within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.

       6.  For the purposes of this section, the county of residence of the patient must be determined pursuant to NRS 428.020.

       Sec. 3.  NRS 439B.340 is hereby amended to read as follows:

       439B.340  1.  Before September 30 of each year, each county in which hospitals subject to the provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to the division a report showing:

       (a) The total number of [indigent] inpatients treated by each such hospital [;] who are claimed by the hospital to be indigent;

       (b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;

       (c) The total amount paid to each such hospital for treatment of such patients; and

       (d) The amount the hospital would have received for patients for whom no reimbursement was provided.

       2.  The administrator shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:

       (a) Determining the number of indigent inpatients who received treatment. For a hospital that has contracted with the department of human resources pursuant to subsection 4 of NRS 428.030, the administrator shall determine the number based upon the evaluations of eligibility made by the employee assigned to the hospital pursuant to the contract. For all other hospitals, the administrator shall determine the number based upon the report submitted pursuant to subsection 1 of this section.

       (b) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment . [; and

       (b)] (c) Adding the products of the calculations made pursuant to [paragraph] paragraphs (a) and (b) for all treatment provided.


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ê1991 Statutes of Nevada, Page 732 (Chapter 287, SB 214)ê

 

If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients. Upon receiving satisfactory proof from a hospital that a decision of a county regarding the indigent status of one or more inpatients is pending appeal pursuant to subsection 4 of NRS 439B.330, the director shall defer assessing the hospital the amount that may be offset by the determination on appeal until the court hearing the appeal renders its decision.

       3.  If the administrator determines that a hospital [which did not receive any payment from the county for treatment of indigent inpatients] has met its obligation to provide [such treatment, he shall notify the county of all treatment provided by the hospital after it met its obligation and the dates on which the treatment was provided.] treatment to indigent inpatients, he shall certify to the county in which the hospital is located that the hospital has met its obligation. The county is not required to pay the hospital for the costs of treating indigent inpatients until the certification is received from the administrator. The county shall pay the hospital for such treatment within 30 days after receipt of the [notice] certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.

       4.  The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The notice must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied. Payment is due 30 days after receipt of the notice [.] , except for assessments deferred pursuant to subsection 2 which, if required, must be paid within 30 days after the court hearing the appeal renders its decision. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:

       (a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and

       (b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.

       5.  Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 354.59811, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.

      Sec. 28.  Sections 4.5 and 11 of chapter 765, Statutes of Nevada 1989, at pages 1807 and 1814, respectively, are hereby amended to read respectively as follows:

       Sec. 4.5  NRS 62.040 is hereby amended to read as follows:


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ê1991 Statutes of Nevada, Page 733 (Chapter 287, SB 214)ê

 

       62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

       (a) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

       (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he [:

             (1) Commits] commits an act designated a crime under the law of the State of Nevada except murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law . [; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.]

       (c) Concerning any child in need of commitment to an institution for the mentally retarded.

       2.  This chapter does not deprive justices’ courts and municipal courts in any county whose population is 400,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:

       (a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and

       (b) Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.

       Sec. 11.  NRS 387.123 is hereby amended to read as follows:

       387.123  1.  The count of pupils for apportionment purposes includes all those who are enrolled in programs of instruction of the school district for:

       (a) Pupils in the kindergarten department.

       (b) Pupils in grades 1 to 12, inclusive.

       (c) Handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

       (d) Children detained in detention homes , alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.


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ê1991 Statutes of Nevada, Page 734 (Chapter 287, SB 214)ê

 

       (e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

       2.  The state board of education shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:

       (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

       (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

       (c) Shall calculate average daily attendance by selecting the average daily attendance – highest 3 months for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.

       (d) Shall prohibit counting of any pupil specified in paragraph (a), (b), (c) or (d) of subsection 1 more than once.

       3.  Except as otherwise provided in section 4 of [this act,] chapter 864, Statutes of Nevada 1989, the state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:

       (a) The maintenance of an acceptable standard of instruction;

       (b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and

       (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.

      Sec. 29.  Sections 5 and 16 of chapter 766, Statutes of Nevada 1989, at pages 1818 and 1825, respectively, are hereby amended to read respectively as follows:

       Sec. 5.  NRS 361.227 is hereby amended to read as follows:

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

       (a) The full cash value of:

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

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


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ê1991 Statutes of Nevada, Page 735 (Chapter 287, SB 214)ê

 

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

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

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

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

       3.  The taxable value of a possessory interest for the purpose of NRS 361.157 or 361.159 may be determined:

       (a) By subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence; or

       (b) By capitalizing the fair economic income expectancy.

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

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

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

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

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

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

       6.  The Nevada tax commission shall by regulation establish:

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

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

       (c) Schedules of depreciation for personal property based on its estimated life. [Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.


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ê1991 Statutes of Nevada, Page 736 (Chapter 287, SB 214)ê

 

year of adjusted actual age of the improvement, up to a maximum of 50 years.

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

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

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

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

       Sec. 16.  NRS 361.841 is hereby amended to read as follows:

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

       2.  Upon examination, if:

       [(a) The claim is denied, the county assessor shall notify the claimant by registered or certified mail.

       (b) The claim is granted, the county assessor shall notify the claimant within 30 days after the date on which the tax rate of the local government is certified, of the amount of credit which may be applied to his property taxes accrued or the amount of refund he is entitled to receive for rent deemed to constitute accrued property tax.

       3.  If a claim is submitted to the department and:]

       (a) The claim is denied, the department shall so notify the claimant by registered or certified mail.

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

             (1) If the claimant’s home is on the secured or unsecured tax roll, [notify him] pay to the claimant within 30 days after the date on which the tax rate of the local government is certified, [of the amount of credit which may be applied to his property taxes accrued.] the refund to which he is entitled.

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

      Sec. 30.  1.  Section 10 of chapter 768, Statutes of Nevada 1989, at page 1837, is hereby repealed.

      2.  Sections 15 and 18 of chapter 768, Statutes of Nevada 1989, at pages 1840 and 1841, respectively, are hereby amended to read respectively as follows:

       Sec. 15.  NRS 590.605 is hereby amended to read as follows:

       590.605  1.  Whenever the board has reasonable grounds to believe that any applicant or licensee under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS 590.465 to 590.645, inclusive, or regulations or specifications adopted hereunder, or is violating or failing to comply with any of the health and safety laws or regulations in force in this state, or is acting or conducting his operations in any other manner which the board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this state, the board may, after a hearing, suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive [.]


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ê1991 Statutes of Nevada, Page 737 (Chapter 287, SB 214)ê

 

regulations in force in this state, or is acting or conducting his operations in any other manner which the board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this state, the board may, after a hearing, suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive [.] , or take such intermediate actions, including the imposition of fines, as it deems appropriate under the circumstances. If the board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than he bills the customer for with the intent to defraud, [such] that fact must be reported to the state sealer of weights and measures.

       2.  The board shall cite the licensee, upon notice, stating reasons and given not less than 10 days before the date set for the hearing, to appear and show cause, if any he has, why the license should not be revoked or suspended [.] or other disciplinary action should not be taken.

       3.  The board may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

       4.  If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board may revoke or suspend the license summarily [.] or take such intermediate action, including the imposition of a fine, as it deems appropriate.

       5.  The findings of the board [,] pursuant to this section, the judgment and the order must be reduced to writing and filed in the permanent public records of the board. Copies must be furnished to the licensee [.] and the complaining customer, if any. A licensee is entitled to judicial review of the order in the manner provided by chapter 233B of NRS. Enforcement of the board’s order must be stayed until judicial review is completed.

       6.  In any case where the board refuses to issue a license, or suspends or revokes a license, the applicant or accused may submit another application for the consideration of the board.

       Sec. 18.  1.  This section and sections 1, 2 and 13 become effective upon passage and approval for the purpose of adopting regulations pursuant to this act and on October 1, 1989, for all other purposes.

       2.  Sections 3, 4, 5, 7 to 12, inclusive, 14, 16 and 17 become effective on October 1, 1989.

       3.  Sections 6 and 15 become effective at 12:01 a.m. on October 1, 1989.

      Sec. 31.  Sections 7 and 9 of chapter 780, Statutes of Nevada 1989, at pages 1854 and 1855, respectively, are hereby amended to read respectively as follows:

       Sec. 7.  NRS 176.175 is hereby amended to read as follows:

       176.175  As used in NRS 176.175 to 176.245, inclusive, [and] section 1 of [this act,] chapter 819, Statutes of Nevada 1989, and section 4 of this act:

       1.  “Board” means the state board of parole commissioners.

       2.  “Court” means a district court of the State of Nevada.


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ê1991 Statutes of Nevada, Page 738 (Chapter 287, SB 214)ê

 

       3.  “Parole and probation officer” means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.

       4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court.

       5.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the state board of parole commissioners or chief parole and probation officer.

       Sec. 9.  NRS 176.221 is hereby amended to read as follows:

       176.221  If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to section 6 of [this act] chapter 790, Statutes of Nevada 1989 and the recommendation, if any, of the chief parole and probation officer. The court may:

       1.  Continue or revoke the probation or suspension of sentence;

       2.  Order the probationer to a term of residential confinement pursuant to NRS 176.2231; [or]

       3.  Order the probationer to undergo a program of regimental discipline pursuant to section 4 of this act; or

       4.  Cause the sentence imposed to be executed.

      Sec. 32.  Section 2 of chapter 794, Statutes of Nevada 1989, at page 1895, is hereby amended to read as follows:

       Sec. 2.  NRS 213.107 is hereby amended to read as follows:

       213.107  As used in NRS 213.107 to 213.160, inclusive, [and] section 5 of [this act:] chapter 790, Statutes of Nevada 1989, and section 1 of this act:

       1.  “Board” means the state board of parole commissioners.

       2.  “Department” means the department of parole and probation.

       3.  “Executive officer” means the chief parole and probation officer.

       4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

       5.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board of the chief parole and probation officer.

      Sec. 33.  1.  Section 3 of chapter 796, Statutes of Nevada 1989, at page 1899, is hereby repealed.

      2.  Sections 24, 25, 51 and 77 of chapter 796, Statutes of Nevada 1989, at pages 1909, 1910, 1921 and 1931, respectively, are hereby amended to read respectively as follows:

       Sec. 24.  NRS 62.040 is hereby amended to read as follows;

       62.040 1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

       (a) Concerning any child living or found within the county who is in need of supervision because he:


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ê1991 Statutes of Nevada, Page 739 (Chapter 287, SB 214)ê

 

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

       (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:

             (1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.

       (c) Concerning any child in need of commitment to an institution for the mentally retarded.

       2.  This chapter does not deprive justices’ courts and municipal courts in any county whose population is [250,000] 400,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:

       (a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and

       (b) Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.

       Sec. 25.  NRS 62.180 is hereby amended to read as follows:

       62.180  1.  Provision must be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency, or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.

       2.  Except as provided in this subsection [,] and subject to the provisions of this chapter, any county may provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children . [, subject to the provisions of this chapter. In counties] In a county whose population is [20,000] 35,000 or more, the [boards] board of county commissioners shall provide the detention facilities.


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ê1991 Statutes of Nevada, Page 740 (Chapter 287, SB 214)ê

 

is [20,000] 35,000 or more, the [boards] board of county commissioners shall provide the detention facilities. Two or more counties, without regard to their respective populations, may provide a combined detention home under suitable terms agreed upon between the respective boards of county commissioners and the judges of the juvenile court regularly sitting in the judicial districts covering the counties.

       3.  Any detention home built and maintained under this chapter must be constructed and conducted as nearly like a home as possible, and must not be deemed to be or treated as a penal institution . [, nor, in counties] In a county whose population is [20,000] 35,000 or more, [may it] a detention home built and maintained under this chapter must not be adjoining or on the same grounds as a prison, jail or lockup.

       4.  In addition to detention homes, a county may provide and maintain at public expense programs which provide alternatives to placing a child in a detention home.

       Sec. 51.  NRS 370.260 is hereby amended to read as follows:

       370.260  1.  All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.

       2.  The department shall:

       (a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month [such sum as] the sum the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.

       (b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to 12.5 mills per cigarette to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.

       (c) Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental fund.

       (d) Report to the state controller monthly the amount of collections.

       3.  The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:

       (a) In a county whose population is [5,000] 6,000 or more:

             (1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.

             (2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.


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ê1991 Statutes of Nevada, Page 741 (Chapter 287, SB 214)ê

 

             (3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.

       (b) In a county whose population is less than [5,000:] 6,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.

             (2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.

       (c) In Carson City the entire amount must go into the city treasury.

       4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

       Sec. 77.  NRS 543.600 is hereby amended to read as follows:

       543.600  1.  In a county whose population is [250,000] 400,000 or more, the board of county commissioners shall hold public hearings before deciding which one or combination of the powers set forth in subsections 2 and 3 is to be used to provide revenue for the support of the district. The method selected must be approved, in an election held throughout the district, by a majority of the voters voting on the question.

       2.  The board of county commissioners in such a county may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS 354.59811. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of revenue from the supplemental city-county relief tax.

       3.  The board of county commissioners in such a county may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible personal property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.

       4.  In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.

       5.  In any county, the board of directors may use any other money, including federal revenue sharing, that is made available to the district.

      Sec. 34.  1.  Sections 1, 2 and 3 of chapter 798, Statutes of Nevada 1989, at page 1940, are hereby repealed.

      2.  Section 4 of chapter 798, Statutes of Nevada 1989, at page 1941, is hereby amended to read as follows:

       Sec. 4.  1.  There is hereby appropriated from the state general fund to the fund for local cultural activities created pursuant to NRS 233C.100 the sum of $100,000 for the purposes set forth in NRS 233C.110.


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ê1991 Statutes of Nevada, Page 742 (Chapter 287, SB 214)ê

 

233C.100 the sum of $100,000 for the purposes set forth in NRS 233C.110.

       2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 35.  1.  Section 1 of chapter 833, Statutes of Nevada 1989, at page 1998, is hereby amended to read as follows:

       Section 1.  NRS 232.250 is hereby amended to read as follows:

       232.250  The director:

       1.  Shall appoint, with the consent of the governor, a chief of each of the divisions of the department. In making the appointments, other than that of the state fire marshal and the administrator of unclaimed property, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and make the appointments after consultation with and concurrence of the organizations. The director shall consult the state fire marshal’s advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the insurance division is the commissioner of insurance, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the state fire marshal division is the state fire marshal and the chief of the division of unclaimed property is the administrator of unclaimed property.

       2.  Is responsible for the administration through the divisions of the department of the provisions of Titles 55, 56 and 57, of NRS, sections 2 to 21, inclusive, of [this act,] chapter 615, Statutes of Nevada 1989, chapters 319 and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division of the department for the purpose of budget administration or for the performance of any duty or the exercise of any power with respect to the division.

       3.  May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to NRS 81.350 to 81.400, inclusive, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.

       4.  For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purpose of federal income tax.


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ê1991 Statutes of Nevada, Page 743 (Chapter 287, SB 214)ê

 

      2.  Chapter 833, Statutes of Nevada 1989, at page 1999, is hereby amended by adding thereto a new section designated as section 2, immediately following section 1, to read as follows:

       Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1989.

      Sec. 36.  1.  Section 1 of chapter 834, Statutes of Nevada 1989, at page 1999, is hereby amended to read as follows:

       Section 1.  NRS 504.440 is hereby amended to read as follows:

       504.440  1.  There is hereby created the commission for the preservation of wild horses. The commission consists of [three] five members appointed by the governor as follows:

       (a) A representative of an organization whose purpose is to preserve wild horses and whose headquarters are in Nevada;

       (b) An owner or manager of property used for ranching; and

       (c) [A member] Three members of the general public who:

             (1) [Is] Are not engaged in ranching or farming; and

             (2) [Has] Have not been previously engaged in efforts to protect wild horses.

       2.  After the initial terms, the members shall serve terms of 3 years. Any vacancy in the membership must be filled for the unexpired term.

       3.  Each member of the commission for the preservation of wild horses is entitled to receive a salary of not more than $80, as fixed by the commission, for each day he is engaged in the business of the commission.

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

       5.  The commission for the preservation of wild horses shall meet at least quarterly each year and on the call of the executive director or any two members.

      2.  Chapter 834, Statutes of Nevada 1989, at page 2000, is hereby amended by adding thereto a new section designated as section 2, immediately following section 1, to read as follows:

       Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1989.

      Sec. 37.  Section 1 of chapter 838, Statutes of Nevada 1989, at page 2005, is hereby amended to read as follows:

       Section 1.  NRS 644.190 is hereby amended to read as follows:

       644.190  1.  It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology, facility for demonstrations or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced until licensed under the provisions of this chapter.

       2.  [It] Except as otherwise provided in subsection 4, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless he is licensed under the provisions of this chapter.

       3.  This chapter does not prohibit:


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ê1991 Statutes of Nevada, Page 744 (Chapter 287, SB 214)ê

 

       (a) Any student in any school of cosmetology, legally established under the provisions of this chapter, from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

       (b) An electrologist’s apprentice from participating in a course of practical training and study.

       (c) A person issued a provisional license as an instructor pursuant to section 1 of [this act] chapter 606, Statutes of Nevada 1989, from acting as an instructor and accepting compensation therefor, while accumulating the hours of training as a teacher required for an instructor’s license.

       (d) The rendering of incidental cosmetological services by a person who is not licensed under the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

       4.  A person employed to render cosmetological services in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he:

       (a) Is licensed as a cosmetologist in another state;

       (b) Entered into his contract of employment outside this state; and

       (c) Renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement.

      Sec. 38.  Section 5 of chapter 850, Statutes of Nevada 1989, at page 2043, is hereby amended to read as follows:

       Sec. 5.  NRS 487.450 is hereby amended to read as follows:

       487.450  1.  The department shall charge and collect a fee of $300 for the issuance or renewal of a license to operate a salvage pool.

       2. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops, which is hereby created as a special revenue fund. Money in the fund may be used only for the administration of section 2 of this act, NRS 487.050 to 487.200, inclusive, and NRS 487.400 to 487.680, inclusive.

      Sec. 39.  Sections 6, 15, 17 and 18 of chapter 852, Statutes of Nevada 1989, at pages 2050, 2053, 2054 and 2055, respectively, are hereby amended to read respectively as follows:

       Sec. 6.  NRS 632.010 is hereby amended to read as follows:

       632.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.019, inclusive, [and] sections 2 to 8, inclusive, of [this act,] chapter 840, Statutes of Nevada 1989, and sections 3 and 4 of this act, have the meanings ascribed to them in those sections.

       Sec. 15.  NRS 632.340 is hereby amended to read as follows:

       632.340  None of the provisions of NRS [632.260 to 632.330, inclusive, shall] 632.130 or 632.260 may be construed as prohibiting:

       1.  Gratuitous nursing by friends or by members of the family [.] of a patient.


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ê1991 Statutes of Nevada, Page 745 (Chapter 287, SB 214)ê

 

       2.  The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.

       3.  Nursing assistance in the case of an emergency.

       4.  The practice of nursing by students enrolled in accredited schools of [practical] nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following [such] graduation.

       5.  The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed 6 months in length, provided [such] the person does not represent or hold himself out as a nurse licensed to practice in this state.

       6.  The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division [,] or agency thereof, while in the discharge of his official duties in this state.

       7.  Nonmedical nursing for the care of the sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, so long as such nursing does not amount to the practice of practical or professional nursing as defined in NRS [632.010.] 632.017 and 632.018, respectively.

       Sec. 17.  NRS 632.345 is hereby amended to read as follows:

       632.345  1.  The board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:

 

                                                                                        Not less      Not more

                                                                                          than             than

 

Application for license to practice professional nursing (registered nurse)................................           $45      $100

Application for license [as a practical nurse] to practice practical nursing...............................             30          90

Application for temporary license [to practice professional nursing (registered nurse)] pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license..........................................             15          50

[Application for temporary license as a practical nurse, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license...................................................             10         45]

Application for a certificate as a nursing assistant                 5 15 Biennial fee for renewal of a license         ......................................... $15      $50

 


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ê1991 Statutes of Nevada, Page 746 (Chapter 287, SB 214)ê

 

Biennial fee for renewal of a license.............           $15        $50

Biennial fee for renewal of a certificate........             10          20

Fee for reinstatement of a license.................             10        100

Application for recognition as an advanced practitioner of nursing.................................................            [30       100]

                                                                                        50       200

Application for recognition as a certified registered nurse anesthetist...........................................            50       200

Biennial fee for renewal of recognition as an advanced practitioner of nursing or certified registered nurse anesthetist...........................................            [15         50]

                                                                                        50       200

Examination fee for [registered nurse’s] license to practice professional nursing..........................             20        100

Examination fee for [practical nurse’s] license to practice practical nursing...............................             10          90

Rewriting examination for [registered nurse’s] license to practice professional nursing..........             20        100

Rewriting examination for [practical nurse’s] license to practice practical nursing...............             10          90

Duplicate license.............................................               5          30

Duplicate certificate........................................               3            5

Proctoring examination for candidate from another state        ........................................................... 25          150

Fee for approving one course of continuing education [course]................................................             10          50

Fee for reviewing one course of continuing education [course] which has been changed since approval       ............................................................. 5            30

Annual fee for approval of all courses of continuing education [courses] offered..............           100        500

Annual fee for review of training program..             25          60

Certification examination................................             10          90

Approval of instructors of training programs                        20........................................................... 50

Approval of proctors for certification examinations             20........................................................... 50

Approval of training programs......................             50        150

Validation of licensure or certification.........               5          25

 

       2.  The board may collect the fees and charges established pursuant to this section, and those fees or charges may not be refunded.

       Sec. 18.  NRS 632.350 is hereby amended to read as follows:

       632.350  1.  Before suspending or revoking any license or certificate or taking other disciplinary action against a licensee or holder of a certificate, the board shall notify the licensee or holder of the certificate in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed.


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ê1991 Statutes of Nevada, Page 747 (Chapter 287, SB 214)ê

 

       2.  Written notice may be served by delivery of it personally to the licensee or holder of the certificate, or by mailing it by registered or certified mail to his last known [residence] residential address.

       3.  If the licensee or holder of the certificate desires, the board shall:

       (a) Grant a hearing upon the charges, which hearing must be held not less than 10 days after [prior] notice in writing to the licensee or holder of the certificate nor more than 30 days after the filing of any complaint; and

       (b) Furnish the licensee or holder of the certificate, at the time of giving the notice, copies of any communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.

       4.  The hearing on the charges may be held by the board, or a majority thereof, at such time and place as the board prescribes. The hearing must be held, if the licensee or holder of the certificate desires, within the county where he resides.

      Sec. 40.  Section 20 of chapter 864, Statutes of Nevada 1989, at page 2109, is hereby amended to read as follows:

       Sec. 20.  1.  There is hereby appropriated from the state general fund to the trust fund for class-size reduction created pursuant to [NRS 375A.715] section 7 of this act for distribution by the superintendent of public instruction to the county school districts for fiscal year 1990-91 the sum of $3,336,344:

       (a) Of which $750,000 must be used in pursuit of the goal of reducing to 15 to 1 the pupil-teacher ratio in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction; and

       (b) Of which $2,586,344 must be used for complying with the required ratio of pupils to teachers in first grade classes as set forth in section 4 of this act.

Any remaining balance of the sums appropriated by this section must not be committed for expenditure after June 30, 1991, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money have been made.

       2.  The superintendent of public instruction is hereby authorized to distribute for fiscal year 1989-90 from the trust fund for the education of pupils the sum of $2,500,000:

       (a) Of which $130,680 must be transferred to the University of Nevada System to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching;

       (b) Of which $450,000 must be used for programs for specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils; and

       (c) Of which $1,919,320 must be distributed to local school districts in the same manner as provided in chapter 387 of NRS for the apportionment and distribution of the state distributive school account, to be used for specific projects to benefit children which are supplementary to the regular educational programs of those districts.


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

ê1991 Statutes of Nevada, Page 748 (Chapter 287, SB 214)ê

 

Any balance of the sum authorized for expenditure in fiscal year 1989-90 pursuant to paragraph (b) remaining at the end of that fiscal year may be committed for expenditure during fiscal year 1990-91 for the same purpose. Any balance of that sum must not be committed for expenditure after June 30, 1991, and must be transferred for credit to the trust fund for class-size reduction. Any balance of the sum authorized pursuant to paragraph (c) remaining at the end of the fiscal year must not be committed for expenditure after June 30, 1990, and reverts to the trust fund for [the education of pupils] class-size reduction as soon as all payments of money committed have been made.

       3.  The superintendent of public instruction is hereby authorized to distribute for fiscal year 1990-91 from the trust fund for class-size reduction, the sum of $2,500,000:

       (a) Of which $130,680 must be transferred to the University of Nevada System to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching;

       (b) Of which $160,000 must be used for programs for specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils; and

       (c) Of which $2,209,320 must be distributed to local school districts for use in complying with the required ratio of pupils to teachers in first grade as set forth in section 4 of this act.

Any remaining balance of the sums authorized for expenditure by this subsection must not be committed for expenditure after June 30, 1991, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.

      Sec. 41.  Section 1 of chapter 865, Statutes of Nevada 1989, at page 2111, is hereby amended to read as follows:

       Section 1.  NRS 439A.100 is hereby amended to read as follows:

       439A.100  1.  Except as provided in this section and NRS 439A.103, no person may undertake any project described in subsection 2 without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for any project described in subsection 2 unless the director has issued such an approval.

       2.  The projects for which this approval is required are:

       (a) [Except as otherwise provided in subsection 3, any] Any proposed expenditure by or on behalf of a health facility in excess of the greater of $4,000,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;

       (b) A proposal which increases the number of licensed or approved beds in a health facility other than a hospital above the total of the number of licensed beds and the number of additional beds which have been approved pursuant to this subsection;

       (c) A proposal which increases the number of licensed and approved beds in a hospital through the addition of 10 or more beds or a number of beds equal to 10 percent of the licensed or approved capacity of that facility, whichever is less, over a period of 2 years;

 


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

ê1991 Statutes of Nevada, Page 749 (Chapter 287, SB 214)ê

 

of beds equal to 10 percent of the licensed or approved capacity of that facility, whichever is less, over a period of 2 years;

       (d) [Except as otherwise provided in subsection 4, the] The proposed acquisition of any new or used medical equipment which has a market value of more than $1,000,000 or such an amount as the department may specify by regulation, whichever is greater;

       (e) The acquisition of an existing health facility if:

             (1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or

             (2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds;

       (f) The construction of a new health facility;

       (g) The conversion of an existing office of a practitioner to a health facility, regardless of the cost of the conversion, if the establishment of the office would have met the threshold for review of costs pursuant to paragraph (a) or (d); and

       (h) A proposal to establish any of the following services:

             (1) The intensive care of newborn babies;

             (2) The treatment of burns;

             (3) The performance of open-heart surgery;

             (4) The transportation of patients by helicopter; or

             (5) A center for the treatment of trauma.

       3.  As used in paragraph (d) of subsection 2, ”market value“ includes all costs associated with the installation and acquisition of the equipment, whether it is acquired by lease, rent, donation, contractual agreement, purchase, any method of financing or any encumbrance of money.

       4.  The approval of the director is not required for the addition of 60 beds or less over 3 years to an existing hospital that:

       (a) Has a licensed capacity of 75 beds or less; and

       (b) Is the only hospital within an incorporated city whose population is 50,000 or more.

       5.  The provisions of paragraph (a) of subsection 2 do not include any capital expenditure for:

       (a) The acquisition of land;

       (b) The construction of a facility for parking;

       (c) The maintenance of a health facility;

       (d) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;

       (e) The installation of a system to conserve energy;

       (f) The installation of a system for data processing or communication; or

       (g) Any other project which, in the opinion of the director, does not relate directly to the provision of any health service.

       [5.] 6.  The provisions of paragraph (d) of subsection 2 do not include acquisitions of medical equipment proposed primarily to replace existing equipment. The person acquiring the replacement equipment, within a period specified by regulation of the department, shall notify it of his intention to acquire the equipment.


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

ê1991 Statutes of Nevada, Page 750 (Chapter 287, SB 214)ê

 

within a period specified by regulation of the department, shall notify it of his intention to acquire the equipment. The department shall by regulation develop standards to determine whether the primary purpose of a proposed acquisition is to replace existing equipment.

       [6.] 7.  In reviewing an application for approval, the director shall:

       (a) Comparatively assess applications for similar projects affecting the same geographic area; and

       (b) Base his decision on criteria established by the director by regulation. The criteria must include:

             (1) The need for and the appropriateness of the project in the area to be served;

             (2) The extent to which the project is consistent with the state health plan;

             (3) The financial feasibility of the project;

             (4) The effect of the project on the cost of health care; and

             (5) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.

       [7.] 8.  The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the number of existing beds or a change in the health services which are to be provided, a change in the location of the project or a substantial increase in the cost of the project.

       [8.] 9.  The decision of the director is a final decision for the purposes of judicial review.

      Sec. 42.  Sections 2, 3 and 5 of chapter 869, Statutes of Nevada 1989, at pages 2119 and 2120, are hereby amended to read respectively as follows:

       Sec. 2.  NRS 3.030 is hereby amended to read as follows:

       3.030  1.  The annual base salary of each district judge is $79,000. If a district judge has served in his office for at least 6 years, he is entitled to an additional salary of 1 percent of his base salary for each year of service. The additional salary must not exceed 22 percent of his base salary.

       2.  [All of the] The base salaries and the additional salary for longevity must be paid in biweekly installments out of the district judges’ salary account of the supreme court.

       3.  No salary of any district judge may be paid in advance.

       Sec. 3.  NRS 213.015 is hereby amended to read as follows:

       213.015  1.  [Until the first Monday in January 1991:

       (a) Any member of the board whose annual salary as a justice of the supreme court is $73,500 shall receive no salary as a member of the board.

       (b) Any member of the board whose annual salary as a justice of the supreme court is $61,500 is entitled to receive as a member of the board an annual salary of $12,000.

       2.  From and after the first Monday in January 1991:


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

ê1991 Statutes of Nevada, Page 751 (Chapter 287, SB 214)ê

 

       (a)] Any member of the board whose annual salary as a justice of the supreme court is set by subsection 1 of NRS 2.050 receives no base salary as a member of the board.

       [b.] 2.  Any member of the board whose annual salary as a justice of the supreme court is set by subsection 2 or 3 of NRS 2.050 is entitled to receive as a member of the board an annual base salary in an amount which when added to his salary as a justice equals the salary set by subsection 1 of NRS 2.050.

       3.  In addition to any base salary a member of the board may receive pursuant to subsection 1 or 2, if he has served as a district judge or as a justice of the supreme court, or any combination thereof, for at least 6 years, he is entitled to additional compensation of 1 percent of the sum of his annual salary as a justice of the supreme court and his base salary, if any, for each year of service as a district judge or as a justice of the supreme court, or any combination thereof. The additional compensation must not exceed 22 percent of the sum of his annual salary as a justice of the supreme court and his base salary.

       4.  The salaries provided for in this section must be paid out of money provided by direct legislative appropriation from the state general fund.

       Sec. 5.  1.  This section and section 4 of this act become effective on July 1, 1989.

       2.  Sections 1 and 3 of this act become effective at 12:01 a.m. on January 7, 1991.

       3.  Section 2 of this act becomes effective at 12:02 a.m. on January 7, 1991.

      Sec. 43.  1.  Section 5 of chapter 878, Statutes of Nevada 1989, at page 2142, is hereby amended to read as follows:

       Sec. 5.  NRS 294A.080 is hereby amended to read as follows:

       294A.080  If it appears that the provisions of NRS 294A.010, 294A.020, 294A.035 or 294A.041 , [or] section 5 or 6 of [this act,] chapter 498, Statutes of Nevada 1989, or section 1 of this act have been violated:

       1.  The secretary of state shall report the alleged violation to the attorney general; and

       2.  A county or city clerk shall report the alleged violation to the appropriate district attorney,

and the attorney general or district attorney to whom the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      2.  Chapter 878, Statutes of Nevada 1989, at page 2142, is hereby amended by adding thereto a new section to be designated as section 6, immediately following section 5, to read as follows:

       Sec. 6.  Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1989.

      Sec. 44.  1.  Sections 1, 9 and 35 of chapter 884, Statutes of Nevada 1989, at pages 2158, 2162 and 2175, respectively, are hereby amended to read respectively as follows:


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

ê1991 Statutes of Nevada, Page 752 (Chapter 287, SB 214)ê

 

       Section 1.  NRS 293.128 is hereby amended to read as follows:

       293.128  1.  To qualify as a major political party any organization must, under a common name:

       (a) On January 1 preceding any primary election, have been designated as a political party on the affidavits of registration of at least 10 percent of the total number of registered voters in the state; or

       (b) File a petition with the secretary of state not later than the last Friday in April before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for Representative in Congress.

       2.  If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by at least one of its signers to the effect that the signers are registered voters of the state according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 65 days before the last Friday in April preceding a primary election.

       3.  In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the secretary of state a certificate of existence which includes the:

       (a) Name of the political party;

       (b) Names and addresses of its officers;

       (c) Names of the members of its executive committee; and

       (d) Name of the person who is authorized by the party to act as resident agent in this state.

       4.  A political party shall file with the secretary of state an amended certificate of existence within 5 days after any change in the information contained in the certificate.

       Sec. 9.  NRS 293.177 is hereby amended to read as follows:

       293.177  1.  Except as otherwise provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. of the second Tuesday in May.

       2.  A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:

       (a) For partisan office:


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

ê1991 Statutes of Nevada, Page 753 (Chapter 287, SB 214)ê

 

Declaration of Candidacy of ........ for the

Office of ....................

 

State of Nevada               }

                                           }ss.

County of                         }

 

For the purpose of having my name placed on the official [primary] ballot as a candidate for the .................. Party nomination for the office of .................., I, the undersigned .................., do swear (or affirm) that I reside at No. ........, ........ Street, in the City (or Town) of ................, County of ................, State of Nevada; [that I am a registered voter of the election precinct in which I reside;] that my actual [, as distinguished from constructive,] residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a [nonpartisan candidate or as a] candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent [practice] practices in campaigns and elections in this state; that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as [here designated.] designated in this declaration.

 

                                                                                ...................................................................

                                                                                            (Designation of name)

                                                                                ...................................................................

                                                                                   (Signature of candidate for office)

 

Subscribed and sworn to before me this ...... day of .........., 19...

......................................................................

      Notary Public (or other person authorized to administer an oath)

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of .......... for the

Office of ................

 

State of Nevada               }

                                           }ss.

County of                          } For the purpose of having my name placed on the official ballot as a candidate for the office of ..................,

 


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

ê1991 Statutes of Nevada, Page 754 (Chapter 287, SB 214)ê

 

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, the undersigned .................., do swear (or affirm) that I reside at No. ........, ........ Street, in the City (or Town) of ................, County of ................, State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.

 

                                                                                ...................................................................

                                                                                            (Designation of name)

                                                                                ...................................................................

                                                                                   (Signature of candidate for office)

 

Subscribed and sworn to before me this ...... day of .........., 19...

......................................................................

      Notary Public (or other person authorized to administer an oath)

 

       3.  A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.

       4.  [The party designation in nonpartisan elections must not be shown on the declaration of candidacy.] An affidavit of candidacy must be substantially the same form as the form set forth in paragraph (b) of subsection 2.

       5.  The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate’s address is described as a box in a post office unless a street address has not been assigned to his residence.

       Sec. 35.  1.  Sections 1, 17 and 27.95 of this act become effective at 12:01 a.m. on October 1, 1989.

       2.  Section 9 of this act becomes effective at 12:02 a.m. on October 1, 1989.

      2.  Section 16 of chapter 884, Statutes of Nevada 1989, at page 2167, is hereby repealed.

      Sec. 45.  This act becomes effective upon passage and approval.

 

________


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

ê1991 Statutes of Nevada, Page 755ê

 

CHAPTER 288, SB 116

Senate Bill No. 116–Committee on Transportation

CHAPTER 288

AN ACT relating to the department of motor vehicles and public safety; clarifying the requirement that a dealer, manufacturer, distributor or rebuilder of motor vehicles must obtain a license from the department as a condition of doing business in this state; authorizing the department to impose administrative fines for certain offenses; 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 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any rule, regulation or order adopted or issued pursuant thereto. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the state highway fund.

      3.  In addition to any other remedy provided by this chapter, the department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 2.  NRS 482.322 is hereby amended to read as follows:

      482.322  1.  [No person may] A person shall not engage in the activities of a vehicle dealer, manufacturer, distributor or rebuilder in this state [, or be issued a license by the department,] until he has been issued [a] :

      (a) A dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or similar license or permit by every city within whose corporate limits he maintains an established place of business and by every county in which he maintains an established place of business outside the corporate limits of a city [.] ; and

      (b) A license by the department. The department shall not issue a license to the person until he has been issued all certificates, licenses and permits required by paragraph (a).

      2.  A vehicle dealer’s, manufacturer’s or rebuilder’s license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.

      3.  The department shall investigate any applicant for a dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or license and complete an investigation report on a form provided by the department.


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

ê1991 Statutes of Nevada, Page 756 (Chapter 288, SB 116)ê

 

      Sec. 3.  Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any rule, regulation or order adopted or issued pursuant thereto. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.

      3.  In addition to any other remedy provided by this chapter, the department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 4.  Chapter 445 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department of motor vehicles and public safety may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 445.610 to 445.710, inclusive, or any rule, regulation or order adopted or issued pursuant thereto. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the pollution control fund.

      3.  In addition to any other remedy provided by NRS 445.610 to 445.710, inclusive, the department may compel compliance with any provision of NRS 445.610 to 445.710, inclusive, and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 5.  NRS 445.610 is hereby amended to read as follows:

      445.610  As used in NRS 445.610 to 445.710, inclusive, and section 4 of this act, unless the context otherwise requires:

      1.  “Approved inspector” means a person licensed by the department of motor vehicles and public safety to inspect motor vehicles and devices for the control of pollution for an authorized station.

      2.  “Authorized station” means a station licensed by the department of motor vehicles and public safety for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal regulation or regulation of the commission and for installing, repairing and adjusting such devices to meet the commission’s requirements.

      3.  “Commission” means the state environmental commission.

      4.  “Evidence of compliance” includes a certificate issued when a motor vehicle has been inspected and:

      (a) Has the required equipment; or

      (b) Does not meet the requirements for the control of emissions after the repairs have been made and the commission waives compliance.


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

ê1991 Statutes of Nevada, Page 757 (Chapter 288, SB 116)ê

 

      5.  “Fleet station” means a facility which is licensed by the department to conduct inspections of the motor vehicles of qualified owners or lessees.

      6.  “Motor vehicle” means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human or animal power or used exclusively on stationary rails.

 

________

 

 

CHAPTER 289, AB 722

Assembly Bill No. 722–Committee on Government Affairs

CHAPTER 289

AN ACT relating to water; providing an expedited procedure for approval of the appropriation of water for environmental purposes; 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 533 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “environmental permit” means a temporary permit to appropriate water to avoid the pollution or contamination of a water source.

      Sec. 3.  In addition to the information required by NRS 533.335, an applicant for an environmental permit shall submit to the state engineer:

      1.  A copy of a letter or order issued by the division of environmental protection of the state department of conservation and natural resources requiring the applicant to take steps to protect the environment;

      2.  Any other information which is necessary for a full understanding of the necessity of the appropriation; and

      3.  For examining and filing the application for the environmental permit, $150. For issuing and recording the environmental permit, $150 plus $1 per acre-foot approved or fraction thereof.

      Sec. 4.  The state engineer may approve an application for an environmental permit if:

      1.  The application is accompanied by the prescribed fees and a copy of a letter or order issued by the division of environmental protection of the state department of conservation and natural resources requiring the applicant to take steps to protect the environment;

      2.  The appropriation is in the public interest; and

      3.  The appropriation does not impair water rights held by other persons.

      Sec. 5.  The state engineer shall not:

      1.  Issue an environmental permit for a period which is longer than the period set forth in the letter or order issued by the division of environmental protection of the state department of conservation and natural resources requiring the applicant to take steps to protect the environment.


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

ê1991 Statutes of Nevada, Page 758 (Chapter 289, AB 722)ê

 

      2.  Change the use for which the environmental permit is issued.

      Sec. 6.  NRS 533.360 is hereby amended to read as follows:

      533.360  1.  Except as otherwise provided in NRS 533.345 and subsection 3 of NRS 533.370 [,] and subsection 3, when an application is filed in compliance with this chapter the state engineer shall, within 30 days, publish or cause to be published for a period of 4 consecutive weeks, in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application, which sets forth:

      (a) That the application has been filed.

      (b) The date of the filing.

      (c) The name and address of the applicant.

      (d) The name of the source from which the appropriation is to be made.

      (e) The location of the place of diversion.

      (f) The purpose for which the water is to be appropriated.

The publisher shall add thereto the date of the first publication and the date of the last publication.

      2.  [Proof] Except as otherwise provided in subsection 3, proof of publication must be filed within 30 days after the final day of publication. The state engineer shall pay for the publication from the application fee. If the application is canceled for any reason before publication, the state engineer shall return to the applicant that portion of the application fee collected for publication.

      3.  The provisions of this section do not apply to an environmental permit.

      Sec. 7.  NRS 533.363 is hereby amended to read as follows:

      533.363  1.  Except as otherwise provided in subsection 2, if water for which a permit is requested is to be used in a county other than that county in which it is to be appropriated, or is to be diverted from or used in a different county than that in which it is currently being diverted or used, then the state engineer shall give notice of the receipt of the request for the permit to:

      (a) The board of county commissioners of the county in which the water for which the permit is requested will be appropriated or is currently being diverted or used; and

      (b) The board of county commissioners of the county in which the water will be diverted or used.

      2.  The provisions of subsection 1 do not apply : [if:]

      (a) To an environmental permit.

      (b) If:

             (1) The water is to be appropriated and used; or

      [(b)] (2) Both the current and requested place of diversion or use of the water are,

within a single, contiguous parcel of real property.

      3.  A person who requests a permit to which the provisions of subsection 1 apply shall submit to each appropriate board of county commissioners a copy of his application and any information relevant to his request.

      4.  Each board of county commissioners which is notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than 3 weeks after the notice is received. The board shall provide public notice of the meeting for 3 consecutive weeks in a newspaper of general circulation in its county. The notice must state the time, place and purpose of the meeting.


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ê1991 Statutes of Nevada, Page 759 (Chapter 289, AB 722)ê

 

must state the time, place and purpose of the meeting. At the conclusion of the meeting the board may recommend a course of action to the state engineer, but the recommendation is not binding on the state engineer.

      Sec. 8.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as otherwise provided in NRS 533.345 and 533.372 and this section [,] and subsection 5 the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

      (a) The application is accompanied by the prescribed fees; and

      (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the district’s efficiency in its delivery or use of water.

      2.  [The] Except as otherwise provided in subsection 5, the state engineer shall either approve or reject each application within 1 year after the final date for filing a protest. However:

      (a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and

      (b) In areas where studies of water supplies are being made or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.

      3.  [Where] Except as otherwise provided in subsection 5, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for. Where a previous application for a similar use of water within the same basin has been rejected on these grounds, the new application may be denied without publication.

      4.  The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. If the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as the rejection continues in force.

      5.  The provisions of subsections 1, 2 and 3 do not apply to an application for an environmental permit.

      Sec. 9.  NRS 533.380 is hereby amended to read as follows:

      533.380  1.  [In] Except as otherwise provided in subsection 5, in his endorsement of approval upon any application, the state engineer shall:

      (a) Set a time before which the construction of the work must be completed, which must be within 5 years [of] after the date of [such] approval.

      (b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:


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ê1991 Statutes of Nevada, Page 760 (Chapter 289, AB 722)ê

 

             (1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;

             (2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

must not be less than 5 years.

      2.  The state engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.

      3.  Except as otherwise provided in subsection 4 and [subject to the provisions of NRS 533.395,] NRS 533.395 and section 5 of this act, the state engineer may, for good cause shown, extend the time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by him, but an application for the extension must in all cases be made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410.

      4.  [Subject to the provisions of NRS 533.395,] Except as otherwise provided in NRS 533.395 and subsection 5, wherever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the state engineer shall, in determining whether to grant or deny the extension, consider, among other factors:

      (a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

      (b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;

      (c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;

      (d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and

      (e) The period contemplated in the:

             (1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

if any, for completing the development of the land.

      5.  The provisions of subsections 1 and 4 do not apply to an environmental permit.

      Sec. 10.  NRS 533.400 is hereby amended to read as follows:

      533.400  1.  [On] Except as otherwise provided in subsection 2, on or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the state engineer under a proper application for extension therefor, any person holding a permit from the state engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the state engineer a statement under oath, on a form prescribed by the state engineer .


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ê1991 Statutes of Nevada, Page 761 (Chapter 289, AB 722)ê

 

application for extension therefor, any person holding a permit from the state engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the state engineer a statement under oath, on a form prescribed by the state engineer . [, which statement shall

      1.] The statement must include:

      (a) The name and post office address of the person making [such proof.

      2.] the proof.

      (b) The number and date of the permit for which proof is made.

      [3.] (c) The source of the water supply.

      [4.] (d) The name of the canal or other works by which the water is conducted to the place of use.

      [5.] (e) The name of the original person to whom the permit was issued.

      [6.] (f) The purpose for which the water is used.

      [7.] (g) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.

      [8.] (h) An actual measurement taken by a licensed state water right surveyor or an official or employee of the state engineer’s office of the water diverted for [such use.

      9.] beneficial use.

      (i) The capacity of the works of diversion.

      [10.] (j) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.

      [11.] (k) The average grade and difference in elevation between the termini of [such conduit.

      12.] any conduit.

      (l) The number of months, naming them, in which water has been beneficially used.

      [13.] (m) The amount of water beneficially used, taken from actual measurements, together with such other data as the state engineer may require to acquaint himself with the amount of the appropriation for which the proof is filed.

      2.  The provisions of subsection 1 do not apply to a person holding an environmental permit.

 

________


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ê1991 Statutes of Nevada, Page 762ê

 

CHAPTER 290, AB 699

Assembly Bill No. 699–Committee on Taxation

CHAPTER 290

AN ACT relating to the City of North Las Vegas; amending the charter of the City of North Las Vegas to authorize the city council to adopt ordinances prohibiting the use of buildings and structures for illegal activities; 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.  Section 2.180 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 723, Statutes of Nevada 1973, at page 1439, is hereby amended to read as follows:

       Sec. 2.180  1.  The city council may:

       [1.] (a) Regulate all matters relating to the construction, maintenance, use, occupancy and safety of buildings, structures and property within the city.

       [2.] (b) Adopt any building, plumbing, electrical, mechanical, housing, sign or safety code necessary to carry out the provisions of this section and establish such fees and penalties as [may be necessary.

       3.] are necessary.

       (c) Adopt any ordinance to prohibit the use or maintenance of a building or structure for any activity that violates the laws of the state or ordinances of the city or the county in which the city is located, including, but not limited to, laws or ordinances relating to the sale, distribution, manufacture or use of controlled substances, gambling or prostitution. The ordinance may include such penalties as are necessary.

       2.  Notwithstanding the provisions of subsection [2,] 1, if state law requires the adoption by the city of a particular code or regulation, that, and no other, [shall] must be adopted by the city as the exclusive authority governing the subject concerned.

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

 

________


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ê1991 Statutes of Nevada, Page 763ê

 

CHAPTER 291, SB 510

Senate Bill No. 510–Committee on Judiciary

CHAPTER 291

AN ACT relating to compensation for victims of crime; transferring certain duties from the hearing officer to the compensation officer; clarifying the appeals process; 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 217 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An applicant who is subject to the provisions of this chapter may request a hearing before a hearing officer on any matter within the hearing officer’s authority. The compensation officer shall provide with his decision the necessary information for requesting such a hearing.

      2.  An applicant aggrieved by a compensation officer’s decision may appeal the decision by filing a request for a hearing before a hearing officer. Such a request must be filed within 15 days after the decision was mailed by the clerk or compensation officer.

      3.  Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the applicant shows by a preponderance of the evidence that he did not receive the notice of the decision and the information necessary to request a hearing.

      4.  The applicant shall notify the compensation officer and the hearing officer in writing of a change of address within a reasonable time after that change.

      Sec. 2.  NRS 217.005 is hereby amended to read as follows:

      217.005  The [chief of the hearings division of the department of administration] clerk of the board may prepare and disseminate information describing the benefits available pursuant to this chapter to victims of crime.

      Sec. 3.  NRS 217.020 is hereby amended to read as follows:

      217.020  A used in NRS 217.010 to 217.270, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 217.025 is hereby amended to read as follows:

      217.025  “Appeals officer” means an appeals officer [of the hearings division] of the department of administration.

      Sec. 5.  NRS 217.033 is hereby amended to read as follows:

      217.033  “Compensation officer” means a compensation officer [of the hearings division] of the department of administration.

      Sec. 6.  NRS 217.035 is hereby amended to read as follows:

      217.035  “Crime” means an act or omission committed within this state which , if committed by an adult, is forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline.


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ê1991 Statutes of Nevada, Page 764 (Chapter 291, SB 510)ê

 

      Sec. 7.  NRS 217.045 is hereby amended to read as follows:

      217.045  “Hearing officer” means a hearing officer [of the hearing division] of the department of administration.

      Sec. 8.  NRS 217.090 is hereby amended to read as follows:

      217.090  1.  The clerk of the board shall appoint one or more compensation officers.

      2.  A compensation officer shall:

      (a) Conduct an investigation to determine the eligibility of the applicant for aid, including but not limited to:

             (1) Compiling bills and medical reports from physicians who have treated the victim for his injury;

             (2) Obtaining from the victim a signed affidavit indicating the amount of any wages allegedly lost because of the injury and verifying that information with the employer of the victim;

             (3) Obtaining and reviewing reports of peace officers and statements of witnesses; and

             (4) Determining the availability to the applicant of any insurance benefits or other source from which the applicant is eligible to be compensated on account of his injuries or the death of the victim.

      (b) After completing his investigation, make a [report and recommendation to the hearing officer.] determination of eligibility and render a written decision, including an order directing payment of compensation, if compensation is due.

      3.  Each compensation officer appointed by the board must receive at least 8 hours of instruction concerning the methods used to interview victims of crime before he may conduct interviews as a compensation officer.

      Sec. 9.  NRS 217.095 is hereby amended to read as follows:

      217.095  1.  A person is eligible for an emergency award [under] pursuant to this section if he lacks financial resources which would allow him to pay compensable costs before a final award is made.

      2.  A person may request an emergency award in his application to the board for compensation. An emergency award may be made to:

      (a) Replace money lost as a direct consequence of criminal action if the applicant needs to replace the lost money to pay his expenses for the next 30 days. An award pursuant to this paragraph must not exceed $400.

      (b) Pay for the replacement or repair of lost or damaged property which is essential to the physical or psychological health of the applicant. Such property includes, but is not limited to, eyeglasses or dentures and other prosthetic devices, and locks, windows and doors of the victim’s dwelling. An award pursuant to this paragraph must not exceed $1,000.

An emergency award must be granted if the applicant submits sufficient evidence to establish a prima facie case for granting compensation pursuant to NRS 217.010 to 217.270, inclusive, and section 1 of this act, and to satisfy the requirements of this section.

      3.  The board shall refer the application for an emergency award and any supporting documents to a compensation officer within [2] 5 working days after the application is received. The compensation officer shall investigate the application and [submit a report to a hearing officer] render a decision within 5 working days after receiving the application. [The hearing officer shall render a decision on any report submitted to him within 3 days after its receipt.]

 


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ê1991 Statutes of Nevada, Page 765 (Chapter 291, SB 510)ê

 

shall render a decision on any report submitted to him within 3 days after its receipt.]

      4.  No award may be made pursuant to this section unless the application is submitted within 45 days after the date of the personal injury or death on which the claim is based or, if an application could not reasonably have been submitted within that period, within 15 days after an application could reasonably have been submitted.

      5.  The amount of [any] an emergency award must be deducted from any award subsequently granted.

      Sec. 10.  NRS 217.105 is hereby amended to read as follows:

      217.105  Any information which a compensation officer obtains in the investigation of a claim for compensation pursuant to NRS 217.090 or which is submitted pursuant to NRS 217.100 is confidential and must not be disclosed except:

      1.  Upon the request of the applicant or his attorney;

      2.  In the necessary administration of this chapter; or

      3.  Upon the lawful order of a court of competent jurisdiction [.] ,

unless the disclosure is otherwise prohibited by law.

      Sec. 11.  NRS 217.110 is hereby amended to read as follows:

      217.110  1.  Upon receipt of an application for compensation, the [clerk of the board shall deny it if the applicant’s ineligibility is apparent from the facts stated in the application. Otherwise, he shall refer the application, together with the reports of the treating or examining physicians, to a compensation officer within 5 days. The applicant may appeal the denial to an appeals officer within 15 days after the decision.

      2.  The] compensation officer shall review the application to determine whether the applicant qualifies for compensation. The compensation officer [may] shall deny the claim within 5 days after receipt of the application if the applicant’s ineligibility is apparent from the facts stated in the application. The applicant may appeal the denial to [an appeals] a hearing officer within 15 days after the decision. If the [appeals] hearing officer determines that the applicant may be entitled to compensation, [he] the hearing officer shall order the compensation officer to complete an investigation and [report] render a decision pursuant to subsection [3.] 2. If the [appeals] hearing officer denies the appeal, the [board may review the application and approve the denial or order an investigation and report. The appeals officer shall render his decision within 10 days after receiving notice of the appeal. He shall notify the applicant of his decision by certified mail, return receipt requested.

      3.] applicant may appeal to an appeals officer pursuant to NRS 217.117.

      2.  If the compensation officer does not deny the application pursuant to subsection [2,] 1, or if he is ordered to proceed by the [appeals officer or the board,] hearing officer, he shall conduct [his] an investigation and [submit his report and recommendation to a hearing officer] , except as otherwise provided in subsection 3, render a decision within 60 days after his receipt of the application or order. If in conducting his investigation the compensation officer believes that [reports] :

      (a) Reports on the previous medical history of the victim [, or an] ;

      (b) An examination of the victim and a report of that examination [, or a] ;


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ê1991 Statutes of Nevada, Page 766 (Chapter 291, SB 510)ê

 

      (c) A report on the cause of death of the victim by an impartial medical expert ; or

      (d) Investigative or police reports,

would aid him in making his [recommendation,] decision, the compensation officer may order the reports.

      [4.  Within 15 days after the hearing officer receives the report and recommendation of the compensation officer, the hearing]

      3.  When additional reports are requested pursuant to subsection 2, the compensation officer shall render a decision in the case, including [any] an order directing the payment of compensation, [or give notice to the applicant that a hearing will be held. The hearing must be held within 20 days after the notice is given.] if compensation is due, within 15 days after receipt of the reports.

      Sec. 12.  NRS 217.113 is hereby amended to read as follows:

      217.113  1.  [The hearing officer may hold the hearing at a time and place, and take such testimony, as he deems advisable.] If an applicant appeals a determination of the compensation officer, the hearing officer shall hold a hearing unless the hearing officer can render a favorable decision to the applicant without a hearing. If the hearing officer holds a hearing, the hearing officer shall:

      (a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after receipt of the request; and

      (b) Give notice by United States mail or by personal service to the applicant at least 15 days before the date and time scheduled for the hearing.

The hearing officer shall render a decision in the case, including an order directing payment of compensation, if compensation is due, within 15 days after the hearing or receiving the reports necessary in rendering the decision. The hearing officer may affirm, modify or reverse the decision of the compensation officer. The hearing officer shall mail his decision to the applicant and include any information necessary for appealing the decision to the appeals officer.

      2.  The hearing officer may issue subpenas to compel the attendance of witnesses and the production of books and papers at the hearing.

      3.  If [any] a witness refuses to attend or testify or produce any books and papers as required by the subpena, the hearing officer may report to the district court by petition, setting forth that:

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

      (b) The witness has been subpenaed by the hearing officer pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the hearing officer who is named in the subpena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the hearing officer.

      4.  Upon receiving such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the hearing officer.


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ê1991 Statutes of Nevada, Page 767 (Chapter 291, SB 510)ê

 

produced the books or papers before the hearing officer. A certified copy of the order must be served upon the witness.

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

      6.  The applicant and any other person having a substantial interest in the outcome of the hearing may appear and be heard, produce evidence and cross- examine witnesses in person or by his attorney. The hearing officer also may hear other persons who may have relevant evidence to submit.

      7.  Any statement, document, information or matter may be received in evidence if, in the opinion of the hearing officer, it contributes to a determination of the claim, whether or not [such] the evidence would be admissible in a court of law.

      8.  The hearing officer shall create a record of each hearing. The record may be in the form of a sound recording.

      9.  The hearing officer shall render his decision in the case, including [any] an order directing the payment of compensation, if compensation is due, within [10] 15 days after the hearing.

      Sec. 13.  NRS 217.117 is hereby amended to read as follows:

      217.117  1.  The applicant or clerk of the board may, within 15 days after the hearing officer renders his decision, appeal the decision to an appeals officer. The appeals officer may hold a hearing or render a decision without a hearing. If the appeals officer holds a hearing he must give notice to the applicant, hold the hearing within [20] 30 days after the notice, and render his decision in the case within [10] 15 days after the hearing. The appeals officer [must] shall render a decision in each case within [45] 30 days after receiving the appeal and the record [, whether or not] if a hearing is not held. The appeals officer may affirm, modify or reverse the decision of the hearing officer.

      2.  The appeals officer has the same powers as are vested in the hearing officer pursuant to NRS 217.113.

      3.  The applicant or clerk of the board may, within 15 days after the appeals officer renders his decision, appeal the decision to the board. The board shall consider the appeal on the record at its next scheduled meeting if the appeal and the record are received by the board at least 5 days before the meeting. Within [10] 15 days after the meeting the board shall render its decision in the case or give notice to the applicant that a hearing will be held. The hearing must be held within 30 days after the notice is given and the board shall render its decision in the case within [10] 15 days after the hearing.

      [3.  The board may on its own motion, within 15 days after the appeals officer renders his decision, modify or reverse the decision.] The board may affirm, modify or reverse the decision of the appeals officer.

      4.  The decision of the board is final and not subject to judicial review.

      Sec. 14.  NRS 217.150 is hereby amended to read as follows:

      217.150  The board shall , so far as practicable, formulate standards for the uniform application of NRS 217.010 to 217.270, inclusive, and section 1 if this act, by the [hearing] compensation officers in the determination of the amount of any compensation payable [under the provisions of] pursuant to NRS 217.010 to 217.270, inclusive , and section 1 of this act.


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ê1991 Statutes of Nevada, Page 768 (Chapter 291, SB 510)ê

 

if this act, by the [hearing] compensation officers in the determination of the amount of any compensation payable [under the provisions of] pursuant to NRS 217.010 to 217.270, inclusive , and section 1 of this act. The standards must take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States.

      Sec. 15.  NRS 217.160 is hereby amended to read as follows:

      217.160  The [hearing] compensation officer may order the payment of compensation:

      1.  To or for the benefit of the victim;

      2.  If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury;

      3.  If the victim dies, to or for the benefit of any one or more of the dependents of the victim; or

      4.  To a member of the victim’s household or immediate family for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010. As used in this subsection:

      (a) “Household” means an association of persons who live in the same home or dwelling and who:

             (1) Have significant personal ties to the victim; or

             (2) Are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

      (b) “Immediate family” means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

      Sec. 16.  NRS 217.170 is hereby amended to read as follows:

      217.170  Upon application made by an appropriate prosecuting authority, the [hearing] compensation, hearing or appeals officer or the board may suspend any proceedings being conducted pursuant to NRS 217.010 to 217.270, inclusive, and section 1 of this act, for such period as he or it deems appropriate on the ground that a prosecution for an offense arising from the act or omission to act on which the claim for compensation is based has been commenced or is imminent.

      Sec. 17.  NRS 217.180 is hereby amended to read as follows:

      217.180  1.  In determining whether to make an order for compensation, the [hearing] compensation officer shall consider the provocation, consent or any other behavior of the victim which directly or indirectly contributed to his injury or death, the prior case or social history, if any, of the victim, need of the victim or his dependents for financial aid and other relevant matters.

      2.  If the [claimant] applicant has received or is likely to receive any amount on account of his injuries or the death of another from:

      (a) The person who committed the crime which caused the victim’s injury or from anyone paying on behalf of the offender;

      (b) Insurance;

      (c) The employer of the victim; or

      (d) Any other private or public source or program of assistance,

[he] the applicant shall report the amounts received or which he is likely to receive to the compensation officer. Any of those sources which is obligated to pay any amount after the award of compensation shall pay the board any amount of compensation which has been paid to the [claimant] applicant and pay the remainder of the amount due to the [claimant.


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ê1991 Statutes of Nevada, Page 769 (Chapter 291, SB 510)ê

 

to pay any amount after the award of compensation shall pay the board any amount of compensation which has been paid to the [claimant] applicant and pay the remainder of the amount due to the [claimant. The hearing] applicant. The compensation officer shall deduct the amounts which the [claimant] applicant has received or is likely to receive from those sources from the [victim’s] applicant’s total expenses.

      3.  An order for compensation may be made whether or not any person is prosecuted or convicted of any offense arising from the act on which the claim for compensation is based.

      Sec. 18.  NRS 217.200 is hereby amended to read as follows:

      217.200  1.  The [hearing] compensation officer may order the payment of compensation and the award of a governor’s certificate for meritorious citizen’s service to a victim as defined in NRS 217.070 for:

      (a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, actually and reasonably incurred as a result of the personal injury or death of the victim;

      (b) Loss of earnings or support not to exceed $200 per week and reasonably incurred as a result of the total or partial incapacity of the victim;

      (c) Pecuniary loss to the dependents of a deceased victim;

      (d) Funeral expenses, not in excess of $1,000, which are actually and reasonably incurred as a result of the death of the victim; and

      (e) Any other loss which results from the personal injury or death of the victim and which the [hearing] compensation officer determines to be reasonable.

      2.  The [hearing] compensation officer may order the payment of compensation for any person who pays the funeral expenses of a victim.

      3.  No award may be made for more than $15,000.

      Sec. 19.  NRS 217.210 is hereby amended to read as follows:

      217.210  1.  Except as otherwise provided in subsection 3, no order for the payment of compensation may be made unless the application is made within 1 year after the date of the personal injury or death on which the claim is based, unless waived by the board of examiners or a person designated by the board for good cause shown, and the personal injury or death was the result of an incident or offense which was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.

      2.  A claim with respect to which information has been requested from [a claimant] an applicant by the compensation officer , [or] hearing officer or appeals officer remains open for 1 year after the request is made. If [a claimant] an applicant does not submit the requested information within 1 year after the request is made, the claim must be denied.

      3.  The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of pornography. Such a minor must apply for compensation before reaching 21 years of age.


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

ê1991 Statutes of Nevada, Page 770 (Chapter 291, SB 510)ê

 

      Sec. 20.  NRS 217.220 is hereby amended to read as follows:

      217.220  1.  Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:

      (a) Is a relative of the offender;

      (b) Was, at the time of the personal injury or death of the victim, living with the offender in a continuing relationship;

      (c) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the vehicle was used in violation of NRS 484.379 or its use was punishable pursuant to NRS 484.3795;

      (d) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred; [or]

      (e) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries [.] ; or

      (f) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

      2.  The provisions of paragraphs (a) and (b) of subsection 1 do not apply to a minor who was [involved] :

      (a) Involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730 [.

      3.  The provisions of paragraphs (a) and (b) of subsection 1 do not apply to a minor who:

      (a) Was a] ;

      (b) A victim of sexual abuse, as that term is defined in NRS 432B.100; or

      [(b) Was physically]

      (c) Physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

      [4.] 3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if:

      (a) The offender would not profit by the compensation of the victim; and

      (b) The offender was not in violation of NRS 484.379 or punishable pursuant to NRS 484.3795 . [; and

      (c) The victim cooperates with agencies of law enforcement. Such cooperation does not require prosecution of the offender.

      5.  The hearing]

      4.  The compensation officer may deny an award if he determines that the [claimant] applicant will not suffer serious financial hardship. In determining whether [a claimant] an applicant will suffer serious financial hardship, the [hearing] compensation officer shall not consider:

      (a) The value of the victim’s dwelling;

      (b) The value of one motor vehicle owned by the victim; or

      (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

      Sec. 21.  NRS 217.240 is hereby amended to read as follows:

      217.240  [A claimant] An applicant who accepts an award does so under the following conditions:


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

ê1991 Statutes of Nevada, Page 771 (Chapter 291, SB 510)ê

 

      1.  The State of Nevada is immediately subrogated in the amount of the award to any right of action or recovery the [claimant] applicant may have against any party, and that right of subrogation may be diminished for attorney’s fees and other costs of litigation in obtaining a recovery from another source; and

      2.  If recovery from any source is obtained for damages caused by the crime, the [claimant] applicant shall promptly notify the department of administration of the source and amount of that recovery, and shall promptly pay to the board the lesser of the amount of the award made [under] pursuant to this chapter or the amount recovered less attorney’s fees and costs. The duty of notice and payment [under] pursuant to this subsection continues until the amount of the award has been repaid to the State of Nevada.

      Sec. 22.  NRS 217.250 is hereby amended to read as follows:

      217.250  The board shall prepare and transmit biennially to the legislature a report of its activities, including:

      1.  The amount of compensation awarded;

      2.  The number of [claimants] applicants;

      3.  The number of [claimants] applicants who were denied compensation; and

      4.  The average length of time taken to award compensation, from the date of receipt of the application to the date of the payment of compensation.

      Sec. 23.  NRS 217.260 is hereby amended to read as follows:

      217.260  1.  Money for payment of compensation as ordered by the board and for payment of salaries and other expenses incurred by the [hearings division of the] department of administration pursuant to NRS 217.010 to 217.270, inclusive, and section 1 of this act, must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid. The board shall estimate quarterly:

      (a) The revenue in the fund which is available for the payment of compensation; and

      (b) The anticipated expenses for the next quarter.

If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter must be reduced in the same proportion as the expenses exceeded the revenue.

      2.  Money deposited in the fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.

      3.  The interest and income earned on the money in the fund for the compensation of victims of crime, after deducting any applicable charges, must be credited to the fund.

      Sec. 24.  Section 15 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 772ê

 

CHAPTER 292, SB 524

Senate Bill No. 524–Committee on Finance

CHAPTER 292

AN ACT making an appropriation to the Nevada racing commission for the payment of certain operating expenses; 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.  There is hereby appropriated from the state general fund to the Nevada racing commission the sum of $12,400 for the payment of certain operating expenses.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 293, AB 448

Assembly Bill No. 448–Committee on Ways and Means

CHAPTER 293

AN ACT relating to litigation expenses; making a supplemental appropriation to the office of the attorney general for additional litigation expenses relating to the high-level radioactive waste repository; making an appropriation to the welfare administrative account for the retention of private counsel to represent the State of Nevada in certain litigation; 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.  There is hereby appropriated from the state general fund to the office of the attorney general the sum of $20,000 for additional litigation expenses related to issues concerning the high-level radioactive waste repository. This appropriation is supplemental to that made by section 4 of chapter 611, Statutes of Nevada 1989, at page 1347.

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the welfare administrative account in the state general fund the sum of $150,000 for the retention by the attorney general of private legal counsel to assist in the litigation of Hillhaven et al., vs. Welfare Division et al.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been paid.

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

 

________


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

ê1991 Statutes of Nevada, Page 773ê

 

CHAPTER 294, SB 396

Senate Bill No. 396–Senators Raggio, Adler, Coffin, Cook, Getto, Glomb, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels

CHAPTER 294

AN ACT relating to the state flag; changing its design; and providing other matters properly relating thereto.

 

[Approved June 8, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 235.020 is hereby amended to read as follows:

      235.020  The official flag of the State of Nevada is hereby created . [, to be designed of the following colors, with the following lettering and devices thereon:] The body of the flag [shall] must be of solid cobalt blue. On the field in the upper left quarter thereof [shall] must be two sprays of sagebrush with the stems crossed at the bottom to form a half wreath. With the sprays [shall] must be a five-pointed silver star with one point up. The word “Nevada” [shall] must also be inscribed [within the sprays, and shall be inscribed] below the star and above the sprays, in a semicircular pattern with the letters spaced apart in equal increments, in the same style of letters as the words “Battle [Born” and shall be inscribed in the following manner: Beginning at the upper point shall appear the letter “N,” the others letters shall appear equally spaced between the points of the star.] Born.” Above the wreath, and touching the tips thereof, [shall] must be a scroll bearing the words [“Battle Born”; the scroll shall] “Battle Born.” The scroll and the word “Nevada” must be golden-yellow . [, and the lettering thereon] The lettering on the scroll must be black-colored [roman] sans serif gothic capital letters.

      Sec. 2.  1.  Any state flag made on or after October 1, 1991, must bear the design described pursuant to the amendatory provisions of section 1 of this act.

      2.  A state flag made before October 1, 1991, may be displayed notwithstanding the amendatory provisions of this act.

 

________


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

ê1991 Statutes of Nevada, Page 774ê

 

CHAPTER 295, AB 625

Assembly Bill No. 625–Assemblymen Gregory, Scherer, Hardy, Heller, Elliott, Carpenter, Wong, Kerns, Petrak, Krenzer, Stout, Price, Garner, Little, Giunchigliani, Anderson, Norton, Bache, Spitler, Johnson, Bennett, Bergevin, Porter, Haller, Bayley, Spriggs, Marvel, Callister, Arberry, Evans, Gibbons, Wendell Williams, Goetting, Pettyjohn, Lambert, Humke, McGinness, McGaughey, Myrna Williams and Dini

CHAPTER 295

AN ACT relating to crimes against the person; increasing the penalty in certain circumstances for an assault or battery upon a school employee; and providing other matters properly relating thereto.

 

[Approved June 8, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  An used in this section:

      (a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department; or

             (4) A jailer, guard, matron or other correctional officer of a city or county jail.

      (c) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      2.  Any person convicted of an assault shall be punished:

      (a) If paragraph (c) of this subsection does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If the assault is committed upon an officer or a school employee who is performing his duty and the person charged knew or should have known that the victim was an officer [,] or a school employee, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 2.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:


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

ê1991 Statutes of Nevada, Page 775 (Chapter 295, AB 625)ê

 

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department; or

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility.

      (d) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      2.  Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment. If imprisonment in the county jail, or a fine, or both, is the prescribed punishment, the crime shall for all purposes be deemed a gross misdemeanor.

      (c) If the battery is committed upon an officer or a school employee and:

             (1) The officer or school employee was performing his duty;

             (2) The officer or school employee suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer [,] or a school employee,

by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (d) If the battery is committed upon an officer or a school employee who is performing his duty and the person charged knew or should have known that the victim was an officer [,] or a school employee, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

      (e) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.

      (g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.


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

ê1991 Statutes of Nevada, Page 776 (Chapter 295, AB 625)ê

 

bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.

      Sec. 3.  This act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 296, AB 571

Assembly Bill No. 571–Assemblymen Norton, Bache, Gibbons and Anderson

CHAPTER 296

AN ACT relating to public utilities; clarifying the provision that precludes a utility from filing an application involving an increased rate, fare or charge while another application is pending; and providing other matters properly relating thereto.

 

[Approved June 8, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 or as [may otherwise be] otherwise provided by the commission pursuant to NRS 704.095 or 704.097:

      1.  Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.

      2.  Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for more than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

      3.  Whenever there is filed with the commission any schedule stating an increased individual or joint rate, fare or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. During any hearing concerning the increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but no new rates, fares or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission.


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

ê1991 Statutes of Nevada, Page 777 (Chapter 296, AB 571)ê

 

expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but no new rates, fares or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the filing with the commission of the certification required in this subsection, or before the expiration of any period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates, fares or charges as [may be] is required by this chapter.

      4.  After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

      5.  Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with the commission’s regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance or any portion thereof in an amount which would result in a rate of return in excess of the rate of return most recently granted the public utility.

      6.  Except as otherwise provided in subsection 7 or in NRS 707.350, whenever [an] a general rate application for an increased rate, fare or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another general rate application until all pending general rate applications for increases in rates submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.

      7.  A public utility may not file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale more often than once every 30 days.


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

ê1991 Statutes of Nevada, Page 778 (Chapter 296, AB 571)ê

 

      8.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 or 704.755 and accepted by the commission for acquisition or construction pursuant to NRS 704.751 or 704.755 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility. For the purposes of this subsection, “utility facility” has the meaning ascribed to it in subsections 1, 2 and 3 of NRS 704.860.

 

________

 

 

CHAPTER 297, AB 305

Assembly Bill No. 305–Select Committee on Corrections

CHAPTER 297

AN ACT relating to criminal offenders; providing for the treatment of certain persons convicted of driving under the influence of alcohol or a controlled substance; and providing other matters properly relating thereto.

 

[Approved June 8, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  If the results of an evaluation conducted pursuant to section 16 of this act indicate that an offender is an abuser of alcohol or drugs and that he can be treated successfully for his condition, the director shall, except as otherwise provided in subsection 2, assign the offender to the program of treatment established pursuant to section 3 of this act. Such an assignment must be, to the extent that the period reasonably can be predicted, for the year, or as much thereof as practicable, immediately preceding the date the offender is due to be released from prison, either on parole or at the expiration of his term.

      2.  The director is not required to assign an offender to the program of treatment if the offender is not eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto.

      3.  The director may withdraw the offender from the program of treatment at any time if he determines that the offender:

      (a) Is not responding satisfactorily to the program; or

      (b) Has failed or refused to comply with any term or condition of the program.

      Sec. 3.  1.  The director shall, with the approval of the board, establish a program for the treatment of an abuser of alcohol or drugs who is imprisoned pursuant to NRS 484.3795 or paragraph (c) of subsection 1 of NRS 484.3792. The program must include an initial period of intensive mental and physical rehabilitation in a facility of the department, followed by regular sessions of education, counseling and any other necessary or desirable treatment.

      2.  The director may, upon the request of the offender after the initial period of rehabilitation, allow the offender to earn wages under any other program established by the department if the offender assigns to the department any wages he earns under such a program.


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

ê1991 Statutes of Nevada, Page 779 (Chapter 297, AB 305)ê

 

program established by the department if the offender assigns to the department any wages he earns under such a program. The director may deduct from the wages of the offender an amount determined by the director, with the approval of the board, to:

      (a) Offset the costs, as reflected in the budget of the department, to maintain the offender in a facility or institution of the department and in the program of treatment established pursuant to this section; and

      (b) Meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.

      Sec. 4.  1.  The director may, at the request of an offender who has:

      (a) Established a position of employment in the community; and

      (b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to section 3 of this act, assign the offender to the custody of the department of parole and probation to serve a term of residential confinement, pursuant to section 12 of this act, for not longer than the remainder of his sentence.

      2.  If an offender assigned to the custody of the department of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The department of parole and probation may, pursuant to the procedure set forth in section 15 of this act, return the offender to the custody of the department of prisons.

      (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

      3.  The assignment of an offender to the custody of the department of parole and probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,

except that such an offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.

      4.  No person has a right to be assigned to the custody of the department of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of sections 11 to 15, inclusive, of this act create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 5.  As used in NRS 209.433 to 209.449, inclusive, unless the context otherwise requires:

      1.  “Offender” includes a prisoner in residential confinement.

      2.  “Residential confinement” means the confinement of a prisoner, pursuant to section 12 of this act, to his place of residence under the terms and conditions established by the department of parole and probation.


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

ê1991 Statutes of Nevada, Page 780 (Chapter 297, AB 305)ê

 

      Sec. 6.  NRS 209.433 is hereby amended to read as follows:

      209.433  1.  Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the department , the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.

      2.  The mode of reckoning credits must be as shown in the following table:

 

SCHEDULE OF CREDITS

 

        Number of                                                                                       Time to be

          years of              Good time                    Total good time                 served if

         sentence.               granted.                             made.                  full time is made.

 

 1st year................... 2 months                        2 months                        10 months

 2nd year................. 2 months                       4 months          1 year,    8 months

 3rd year.................. 4 months                       8 months        2 years,    4 months

 4th year.................. 4 months         1 year                             3 years                   

 5th year.................. 5 months        1 year,    5 months        3 years,    7 months

 6th year.................. 5 months        1 year,  10 months        4 years,    2 months

 7th year.................. 5 months      2 years,    3 months        4 years,    9 months

 8th year.................. 5 months      2 years,    8 months        5 years,    4 months

 9th year.................. 5 months      3 years,      1 month        5 years,  11 months

10th year................... 5 months      3 years,    6 months        6 years,    6 months

 

and so on through as many years as may be the term of the sentence.

      3.  In addition to the credits for good behavior provided for in subsection 1, the board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits the credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:

      (a) For earning a general equivalency diploma, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning an associate degree, 90 days.

      4.  Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the director.

      5.  The chief parole and probation officer or other person responsible for the supervision of an offender in residential confinement shall report monthly to the director regarding the offender’s eligibility for an award of credits pursuant to this section.

      Sec. 7.  NRS 209.443 is hereby amended to read as follows:

      209.443  1.  Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the department , the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed [for] :

 


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

ê1991 Statutes of Nevada, Page 781 (Chapter 297, AB 305)ê

 

who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed [for] :

      (a) For the period he is actually incarcerated under sentence ; and

      (b) For the period he is in residential confinement,

a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.

      2.  Credits accumulate as shown in the following table:

 

SCHEDULE OF CREDITS

 

        Number of                                    Good time                                    Total good

      years served.                                    granted.                                      time made

 

 1 year.................................................. 2 months                                     2 months    

 2 years................................................ 2 months                                     4 months

 3 years................................................ 4 months                                     8 months

 4 years................................................ 4 months                    1 year

 5 years................................................ 5 months                    1 year,      5 months

 6 years................................................ 5 months                    1 year,    10 months

 7 years................................................ 5 months                    2 years,    3 months

 8 years................................................ 5 months                    2 years,    8 months

 9 years................................................ 5 months                    3 years,    1 month

10 years................................................ 5 months                    3 years,    6 months

 

and so on through as many years as may be the term of the sentence. The “total good time made” must be deducted from the maximum term imposed by the sentence and, except as otherwise provided in subsection 5, applies to eligibility for parole.

      3.  In addition to the credits for good behavior provided for in subsection 1, the board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:

      (a) For earning a general equivalency diploma, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning an associate degree, 90 days.

      4.  Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the director.

      5.  Credits earned pursuant to this section do not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.

      6.  The chief parole and probation officer or other person responsible for the supervision of an offender in residential confinement shall report monthly to the director regarding the offender’s eligibility for an award of credits pursuant to this section.


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

ê1991 Statutes of Nevada, Page 782 (Chapter 297, AB 305)ê

 

      Sec. 8.  NRS 209.446 is hereby amended to read as follows:

      209.446  1.  Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, who has no serious infraction of the regulations of the department , the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed [for] :

      (a) For the period he is actually incarcerated under sentence ; and

      (b) For the period he is in residential confinement,

a deduction of 10 days from his sentence for each month he serves.

      2.  In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general equivalency diploma, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning an associate degree, 90 days.

      3.  The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.

      4.  The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      5.  The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      6.  Credits earned pursuant to this section:

      (a) Must be deducted from the maximum term imposed by the sentence; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.

      7.  The chief parole and probation officer or other person responsible for the supervision of an offender in residential confinement shall report monthly to the director regarding the offender’s eligibility for an award of credits pursuant to this section.

      Sec. 9.  NRS 209.449 is hereby amended to read as follows:

      209.449  1.  An offender who has no serious infraction of the regulations of the department , the terms and conditions of his residential confinement, or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of 30 days from the length of his remaining sentence for the completion of a program of vocational education and training. If the offender completes the program of vocational education and training with meritorious or exceptional achievement, the director may allow not more than 60 days of credit in addition to the 30 days allowed for completion of the program.


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

ê1991 Statutes of Nevada, Page 783 (Chapter 297, AB 305)ê

 

      2.  The chief parole and probation officer or other person responsible for the supervision of an offender in residential confinement shall report to the director regarding the offender’s eligibility for an award of credits pursuant to this section.

      Sec. 10.  Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 15, inclusive, of this act.

      Sec. 11.  As used in section 11 to 15, inclusive, of this act, unless the context otherwise requires:

      1.  “Department” means the department of parole and probation.

      2.  “Offender” means a prisoner assigned to the custody of the department pursuant to section 4 of this act.

      3.  “Residential confinement” means the confinement of an offender to his place of residence under the terms and conditions established by the department.

      Sec. 12.  1.  The department shall establish procedures for the residential confinement of offenders.

      2.  The department may establish, and at any time modify, the terms and conditions of the residential confinement, except that the department shall:

      (a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community;

      (b) Require the offender to be confined to his residence during the time he is away from his employment or treatment, or any other activity authorized by the department; and

      (c) Require intensive supervision of the offender, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms and conditions of his confinement.

      3.  An electronic device approved by the department may be used to supervise an offender if it is minimally intrusive and limited in capability to recording or transmitting information concerning the offender’s presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the offender’s activities while inside his residence. A device which is capable of recording or transmitting:

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

      (b) Information concerning the offender’s activities while inside his residence,

must not be used.

      Sec. 13.  The chief parole and probation officer shall:

      1.  Furnish to an offender a written statement of the terms and conditions of his residential confinement;

      2.  Instruct the offender regarding those terms and conditions; and

      3.  Advise the director of the department of prisons of any violation of those terms and conditions and of the escape of the offender.

      Sec. 14.  If an offender is absent, without authorization, from his residence, employment, treatment or other activity authorized by the department:

      1.  He shall be deemed an escaped prisoner; and

      2.  The chief parole and probation officer may issue a warrant for his arrest. A peace officer shall execute the warrant in the same manner as ordinary criminal process.


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

ê1991 Statutes of Nevada, Page 784 (Chapter 297, AB 305)ê

 

      Sec. 15.  1.  Before an offender may be returned to the custody of the department of prisons because of his escape or violation of a term or condition of his residential confinement, the department of parole and probation must conduct an inquiry to determine whether the offender has committed acts that would constitute such an escape or violation.

      2.  The inquiry must be conducted before an inquiring officer who:

      (a) Is not directly involved in the case;

      (b) Has not made the report of the escape or violation; and

      (c) Has not recommended the return of the offender to the custody of the department of prisons.

      3.  The inquiring officer shall:

      (a) Provide the offender with notice of the inquiry and of the acts alleged to constitute his escape or violation of a term or condition of his residential confinement, and with an opportunity to be heard on the matter.

      (b) Upon completion of the inquiry, submit to the chief parole and probation officer his findings and recommendation regarding the return of the offender to the custody of the department of prisons.

      4.  After considering the findings and recommendation of the inquiring officer, the chief parole and probation officer shall determine whether to return the offender to the custody of the department of prisons. The decision of the chief parole and probation officer is final.

      5.  Before returning an offender to the custody of the department of prisons, the department of parole and probation shall provide the offender with a copy of the findings of the inquiring officer.

      Sec. 16.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before sentencing an offender pursuant to NRS 484.3795 or paragraph (c) of subsection 1 of NRS 484.3792, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

      (a) A counselor certified to make such an evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or

      (b) A physician certified to make such an evaluation by the board of medical examiners.

      3.  The counselor or physician who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.

      Sec. 17.  Section 8 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 785ê

 

CHAPTER 298, AB 252

Assembly Bill No. 252–Committee on Government Affairs

CHAPTER 298

AN ACT relating to meetings of public bodies; requiring an agenda for such a meeting to include a period for comments from the general public; allowing discussion of those comments; and providing other matters properly relating thereto.

 

[Approved June 8, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise specifically provided by statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) An agenda consisting of:

             (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

             (2) A list and description of the items to be voted on during the meeting which must be clearly denoted as items on which action will be taken.

             (3) A period devoted to comments by the general public, if any, and discussion of those comments. no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken pursuant to subparagraph (2).

      3.  Minimum public notice is:

      (a) A copy of the notice posted at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at least three other separate, prominent places within the jurisdiction of the public body; and

      (b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent.

      4.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

 

________


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

ê1991 Statutes of Nevada, Page 786ê

 

CHAPTER 299, AB 687

Assembly Bill No. 687–Committee on Natural Resources, Agriculture and Mining

CHAPTER 299

AN ACT relating to wildlife; allowing the board of wildlife commissioners to accept sealed bids for or auction two deer tags each year; and providing other matters properly relating thereto.

 

[Approved June 8, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

 

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

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

Resident antelope tag .............................................................................   30

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

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

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

Resident mountain lion tag ....................................................................   15

 

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

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

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

      5.  The commission may accept sealed bids for or auction two bighorn sheep tags, one antelope tag , [and] one elk tag and two deer tags each year. The money received from the bid or auction must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

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

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

 

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

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

Resident antelope tag .............................................................................   30

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

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

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

Resident mountain lion tag ....................................................................   15


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

ê1991 Statutes of Nevada, Page 787 (Chapter 299, AB 687)ê

 

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

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

      4.  A fee not to exceed $5 may be charged for processing an application for a tag.

      5.  The commission may accept sealed bids for or auction two bighorn sheep tags, one antelope tag , [and] one elk tag and two deer tags each year. The money received from the bid or auction must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

      Sec. 3.  1.  This section becomes effective on October 1, 1991.

      2.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1991, only if, on or before June 30, 1991, matching money from the wildlife account has been committed for expenditure pursuant to subsection 2 of section 6 of chapter 841, Statutes of Nevada 1989.

      3.  Section 2 of this act becomes effective on October 1, 1991, unless, on or before June 30, 1991, matching money from the wildlife account has been committed for expenditure pursuant to subsection 2 of section 6 of chapter 841, Statutes of Nevada 1989.

 

________

 

 

CHAPTER 300, AB 759

Assembly Bill No. 759–Committee on Commerce

CHAPTER 300

AN ACT relating to the board of medical examiners; authorizing the board to adopt certain requirements for the continuing education of physicians and physician’s assistants; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 630.253 is hereby amended to read as follows:

      630.253  The board shall, as a prerequisite for the:

      1.  Renewal of a certificate as a physician’s assistant; or

      2.  Biennial registration of the holder of a license to practice medicine,

require each holder to comply with the requirements for continuing education adopted by the board. These requirements may provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

 

________


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

ê1991 Statutes of Nevada, Page 788ê

 

CHAPTER 301, AB 344

Assembly Bill No. 344–Committee on Commerce

CHAPTER 301

AN ACT relating to used materials; authorizing counties and cities to prohibit a person from advertising as a junk or secondhand dealer without a license; making technical changes; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 647 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board of county commissioners of a county or the governing body of a city may, by ordinance, prohibit any person from advertising within its respective jurisdiction as a junk dealer or a secondhand dealer unless the person holds a valid license to engage in such a business within the jurisdiction. The county or city may require that the number of the person’s business license be included in such advertising.

      Sec. 2.  NRS 647.010 is hereby amended to read as follows:

      647.010  As used in [NRS 647.010 to 647.095, inclusive:] this chapter, unless the context otherwise requires:

      1.  “Advertise” includes the use of any newspaper, magazine or other publication, letter, sign, card or other printed matter, radio or television transmission or any other method to bring to the attention of the public that a person is engaged in the business of:

      (a) Purchasing or selling hides or junk; or

      (b) Buying and selling secondhand personal property, metal junk or melted metals.

      2.  “Junk” includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind.

      [2.] 3.  “Junk dealer” means every person, firm or corporation engaged in the business of purchasing or selling hides or junk.

      4.  “Secondhand dealer” means any person engaged in whole or in part in the business of buying and selling secondhand personal property, metal junk or melted metals.

      Sec. 3.  NRS 647.080 is hereby amended to read as follows:

      647.080  [NRS 647.010 to 647.095, inclusive, does] The provisions of this chapter do not impair the powers of cities in this state to license, tax and regulate any person, firm or corporation now engaged in or hereafter engaged in the buying and selling of junk.

      Sec. 4.  NRS 647.090 is hereby amended to read as follows:

      647.090  Any junk dealer who [shall be found guilty of a violation of] violates any of the provisions of NRS [647.010 to 647.080,] 647.020 to 647.070, inclusive, is guilty of a misdemeanor.

      Sec. 5.  NRS 647.145 is hereby amended to read as follows:

      647.145  1.  Any junk dealer or secondhand dealer , or any agent, employee or representative of a junk dealer or secondhand dealer , who buys or receives any junk which he knows or should reasonably know is ordinarily used by and belongs to a telephone, telegraph, gas, water, electric or transportation company or county, city or other political subdivision of this state engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk has a legal right to do so, is guilty of criminally receiving such property.


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

ê1991 Statutes of Nevada, Page 789 (Chapter 301, AB 344)ê

 

or receives any junk which he knows or should reasonably know is ordinarily used by and belongs to a telephone, telegraph, gas, water, electric or transportation company or county, city or other political subdivision of this state engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk has a legal right to do so, is guilty of criminally receiving such property.

      2.  Any person convicted of criminally receiving junk shall be punished :

      (a) If he is a junk dealer, or an agent, employee or representative of a junk dealer, by imprisonment in the state prison for not less than 1 year nor more than 6 years or in a county jail for not more than 1 year, or by a fine of not more than $1,000, or by both fine and imprisonment; or

      (b) If he is a secondhand dealer, or an agent, employee or representative of a secondhand dealer, by imprisonment in the state prison for not less than 1 year nor more than 5 years or in a county jail for not more than 1 year, or by a fine of not more than $250, or by both fine and imprisonment.

      Sec. 6.  NRS 207.080 is hereby amended to read as follows:

      207.080  1.  For the purpose of NRS 207.080 to 207.150, inclusive, a “convicted person” is:

      (a) Any person convicted in the State of Nevada of an offense punishable as a felony or convicted in any place other than the State of Nevada of a felony or any other offense which is punishable by imprisonment for 1 year or more.

      (b) Any person convicted in the State of Nevada, or elsewhere, of the violation of any law, whether or not the violation is [or is not] punishable as a felony:

             (1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act.

             (2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm.

             (3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used to disable temporarily or permanently any human being.

      (c) Any person convicted of a crime in the State of Nevada [, under] pursuant to the provisions of [one or more of] NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, [647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and 647.145,] or 647.110 to 647.145, inclusive, or convicted [,] in any place other than the State of Nevada [,] of an offense which, if committed in this state, would have been punishable under one or more of those sections.

      (d) Any person convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.


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

ê1991 Statutes of Nevada, Page 790 (Chapter 301, AB 344)ê

 

      2.  Any person, except as set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.

      Sec. 7.  NRS 647.095 and 647.100 are hereby repealed.

 

________

 

 

CHAPTER 302, AB 550

Assembly Bill No. 550–Committee on Natural Resources, Agriculture and Mining

CHAPTER 302

AN ACT relating to medical professionals; revising the provisions regarding the authority of registered nurses to prescribe or dispense controlled substances, poisons, dangerous drugs and devices; making various changes regarding the filling of prescriptions and sale of hypodermic devices; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 632.012 is hereby amended to read as follows:

      632.012  “Advanced practitioner of nursing” means a registered nurse who:

      1.  Has specialized skills, knowledge and experience; and

      2.  [Has completed a program designed to prepare a registered nurse to provide designated acts of medical diagnosis or prescription of therapeutic or corrective measures; and

      3.] Is authorized by the board to provide [those] services in addition to those that other registered nurses are authorized to provide.

      Sec. 2.  NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The board may grant a certificate of recognition as an advanced practitioner of nursing to a registered nurse who has completed an educational program designed to prepare a registered nurse to [perform] :

      (a) Perform designated acts of medical diagnosis [or prescription of] ;

      (b) Prescribe therapeutic or corrective measures ; and

      (c) Prescribe poisons, dangerous drugs and devices,

and who meets the other requirements established by the board for such certification.

      2.  An advanced practitioner of nursing may [engage] :

      (a) Engage in selected medical diagnosis and treatment ; and

      (b) If authorized pursuant to NRS 639.2351, prescribe poisons, dangerous drugs and devices,

pursuant to a protocol approved by a collaborating physician. A protocol must not include and an advanced practitioner of nursing shall not engage in any diagnosis, treatment or other conduct which the advanced practitioner of nursing is not qualified to perform.

      [2.] 3.  The board shall adopt regulations:

      (a) Specifying the training, education and experience necessary for certification as an advanced practitioner of nursing.


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

ê1991 Statutes of Nevada, Page 791 (Chapter 302, AB 550)ê

 

      (b) Delineating the authorized scope of practice of an advanced practitioner of nursing.

      (c) Establishing the procedure for application for certification as an advanced practitioner of nursing.

      Sec. 3.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Advanced practitioner of nursing” means a registered nurse who holds a valid certificate of recognition as an advanced practitioner of nursing issued by the state board of nursing.

      Sec. 4.  NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, [and] section 1 of [this act,] chapter 197, Statutes of Nevada 1991, and section 3 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.

      Sec. 5.  NRS 639.0125 is hereby amended to read as follows:

      639.0125  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state;

      2.  A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state; or

      3.  [A registered nurse] An advanced practitioner of nursing who has been authorized to prescribe poisons, dangerous drugs and devices.

      Sec. 6.  NRS 639.1375 is hereby amended to read as follows:

      639.1375  1.  [A registered nurse] An advanced practitioner of nursing may dispense controlled substances, poisons, dangerous drugs and devices if he:

      (a) Is authorized to do so by the state board of nursing in a certificate issued by that board; and

      (b) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board. The board may set a single fee for the collective certification of [the nurses] advanced practitioners of nursing in the employ of a public or nonprofit agency and a different fee for the individual certification of other [nurses.] advanced practitioners of nursing.

      2.  The state board of pharmacy shall consider each application from [a registered nurse] an advanced practitioner of nursing separately, and may:

      (a) Issue a certificate of registration limiting:

             (1) The authority of the [registered nurse] advanced practitioner of nursing to dispense controlled substances, poisons, dangerous drugs and devices;

             (2) The area in which the [registered nurse] advanced practitioner of nursing may dispense;

             (3) The kind and amount of controlled substances, poisons, dangerous drugs and devices which the certificate permits the [registered nurse] advanced practitioner of nursing to dispense; and


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ê1991 Statutes of Nevada, Page 792 (Chapter 302, AB 550)ê

 

             (4) The practice of the [registered nurse] advanced practitioner of nursing which involves controlled substances, poisons, dangerous drugs and devices in any manner which the board finds necessary to protect the health, safety and welfare of the public;

      (b) Issue a certificate of registration without any limitation not contained in the certificate issued by the state board of nursing; or

      (c) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.

      3.  If a certificate of registration issued pursuant to this section is suspended or revoked, the board may also suspend or revoke the registration of the physician for and with whom the [registered nurse] advanced practitioner of nursing is in practice to dispense controlled substances.

      4.  The board shall adopt regulations setting forth the maximum amounts of any controlled substance, poison, dangerous drug and devices which [a registered nurse] an advanced practitioner of nursing who holds a certificate from the board may dispense, the conditions under which they must be stored, transported and safeguarded, and the records which each such nurse shall keep. In adopting its regulations, the board shall consider:

      (a) The areas in which [a nurse] an advanced practitioner of nursing who holds a certificate from the board can be expected to practice and the populations of those areas;

      (b) The experience and training of the nurse;

      (c) Distances between areas of practice and the nearest hospitals and physicians;

      (d) Effects on the health, safety and welfare of the public; and

      (e) Other factors which the board considers important to the regulation of the practice of [nurses] advanced practitioners of nursing who hold certificates from the board.

      Sec. 7.  NRS 639.2351 is hereby amended to read as follows:

      639.2351  1.  [A registered nurse] An advanced practitioner of nursing may prescribe, [under protocol and only by written prescription,] in accordance with NRS 454.695, poisons, dangerous drugs and devices if he:

      (a) Is authorized to do so by the state board of nursing in a certificate issued by that board; and

      (b) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board. The board may set a single fee for the collective certification of [the nurses] advanced practitioners of nursing in the employ of a public or nonprofit agency and a different fee for the individual certification of other [nurses.] advanced practitioners of nursing.

      2.  The state board of pharmacy shall consider each application from [a registered nurse] an advanced practitioner of nursing separately, and may:

      (a) Issue a certificate of registration; or

      (b) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.

      [3.  As used in this section, “protocol” has the meaning ascribed to it in NRS 454.695.]


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ê1991 Statutes of Nevada, Page 793 (Chapter 302, AB 550)ê

 

      Sec. 8.  NRS 639.2589 is hereby amended to read as follows:

      639.2589  1.  The form for any prescription which is issued or intended to be filled in this state must contain a line for the signature of the prescriber, the printed words “dispense only as written” and a box near that statement for the purpose of indicating that a substitution may not be made.

      2.  Substitutions may be made in filling prescriptions contained in [physician’s] the orders of a physician, or of an advanced practitioner of nursing who is a practitioner, in a facility for skilled nursing or facility for intermediate care. Each page of the document which contains the [physician’s] order must be printed with the words: “The biological equivalent of drugs ordered may be dispensed unless initialed by the prescriber here” and a box must be provided near that statement for the purpose of indicating that a substitution may not be made.

      3.  Substitutions may be made in filling prescriptions ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific generic substitutions.

      Sec. 9.  NRS 639.2805 is hereby amended to read as follows:

      639.2805  1.  A pharmacist or practitioner is not subject to any penalty for filling a prescription for a substance licensed for manufacture in this state if the prescription is issued to a patient by his [physician.] practitioner.

      2.  If a substance licensed for manufacture in this state has not been approved as a drug by the Food and Drug Administration, the label or other device affixed to its container must so state and the label must further state that the State of Nevada has not approved the substance.

      Sec. 10.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Advanced practitioner of nursing” means a registered nurse who holds a valid certificate of recognition as an advanced practitioner of nursing issued by the state board of nursing.

      Sec. 11.  NRS 453.016 is hereby amended to read as follows:

      453.016  As used in [NRS 453.011 to 453.730, inclusive,] this chapter, the words and terms in NRS 453.021 to 453.141, inclusive, [and] section 45 of [this act,] Assembly Bill No. 422 of this session, and section 10 of this act, have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.

      Sec. 12.  NRS 453.126 is hereby amended to read as follows:

      453.126  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state and is registered pursuant to this chapter.

      2.  [A registered nurse] An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to [possess, administer or] dispense controlled substances.

      3.  A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice in this state.

      4.  A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, when he possesses or administers sodium pentobarbital pursuant to his license and registration.


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ê1991 Statutes of Nevada, Page 794 (Chapter 302, AB 550)ê

 

he possesses or administers sodium pentobarbital pursuant to his license and registration.

      Sec. 13.  NRS 453.377 is hereby amended to read as follows:

      453.377  A controlled substance may be dispensed by:

      1.  A registered pharmacist upon a legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge.

      2.  A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer.

      3.  A practitioner or a physician’s assistant if authorized by the board.

      4.  A registered nurse, when the state, county, city or district health officer has declared a state of emergency.

      5.  A medical intern in the course of his internship.

      6.  [A registered nurse] An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.

      7.  A pharmacy in an institution of the department of prisons to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.

      8.  A registered pharmacist from an institutional pharmacy, pursuant to regulations adopted by the board.

      Sec. 14.  Chapter 454 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Advanced practitioner of nursing” means a registered nurse who holds a valid certificate of recognition as an advanced practitioner of nursing issued by the state board of nursing.

      Sec. 15.  NRS 454.001 is hereby amended to read as follows:

      454.001  As used in this chapter, the words and terms defined in NRS 454.002 to 454.0098, inclusive, and section 14 of this act, have the meanings ascribed to them in those sections, unless a different meaning clearly appears in the context.

      Sec. 16.  NRS 454.00958 is hereby amended to read as follows:

      454.00958  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state.

      2.  A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this state.

      3.  When relating to the prescription of poisons, dangerous drugs and devices [, a:

      (a) Registered nurse] :

      (a) An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him so to prescribe; or

      (b) [Physician’s] A physician’s assistant who holds a license from the state board of medical examiners and a certificate from the state board of pharmacy permitting him so to prescribe.

      Sec. 17.  NRS 454.215 is hereby amended to read as follows:

      454.215  A dangerous drug may be dispensed by:


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ê1991 Statutes of Nevada, Page 795 (Chapter 302, AB 550)ê

 

      1.  A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;

      2.  A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;

      3.  A practitioner, or a physician’s assistant if authorized by the board;

      4.  A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board;

      5.  A medical intern in the course of his internship;

      6.  [A registered nurse] An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs;

      7.  A registered nurse employed at an institution of the department of prisons to an offender in that institution; or

      8.  A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the board,

except that no person may dispense a dangerous drug in violation of a regulation adopted by the board.

      Sec. 18.  NRS 454.221 is hereby amended to read as follows:

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

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

      (a) A practitioner to his own patients;

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

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

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

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

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

      Sec. 19.  NRS 454.316 is hereby amended to read as follows:

      454.316  1.  Except as otherwise provided in this section, every person who possesses any drug defined in NRS 454.201, except that furnished to him by a pharmacist pursuant to a legal prescription or a practitioner, is guilty of a gross misdemeanor.


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ê1991 Statutes of Nevada, Page 796 (Chapter 302, AB 550)ê

 

gross misdemeanor. If the person has been twice previously convicted of any offense:

      (a) Described in this section; or

      (b) Under any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,

he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      2.  No prescription is required for possession of those drugs by pharmacists, practitioners, physicians’ assistants if authorized by the board, hospitals, intermediate emergency medical technicians, advanced emergency medical technicians, public health nurses, [registered nurses] advanced practitioners of nursing who hold certificates from the state board of nursing and certificates from the state board of pharmacy permitting them to [possess, administer and] dispense dangerous drugs, registered nurses responsible for patients in air and ground ambulances, any other person or class of persons approved by the board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in those drugs when they are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.

      3.  No prescription is required for an optometrist certified under NRS 636.382 to possess drugs which he is authorized to use under chapter 636 of NRS.

      Sec. 20.  NRS 454.480 is hereby amended to read as follows:

      454.480  1.  Hypodermic devices may be sold by pharmacists on the prescription of a physician, dentist or veterinarian [.] , or of an advanced practitioner of nursing who is a practitioner. Those prescriptions must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling must be maintained as required by NRS 454.236 to 454. 276, inclusive.

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

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

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

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

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

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

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


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ê1991 Statutes of Nevada, Page 797 (Chapter 302, AB 550)ê

 

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

      Sec. 21.  NRS 454.490 is hereby amended to read as follows:

      454.490  1.  All sales of hypodermic devices sold without prescription must at the time of sale be recorded by the person making the sale. The record must show the date, the name and address of the purchaser, the size, type and quantity of devices sold, the name or initials of the person making the sale and the purpose for which the device is to be used. It is the responsibility of the seller to ascertain, to his satisfaction, that the device is to be legitimately used for the purpose stated by the purchaser. The record must be retained for 5 years from the date of the last entry thereon and must be open to inspection by authorized officers of the law acting in their official capacity.

      2.  The recording of sales required by this section does not apply to the sale of hypodermic devices by manufacturers, wholesalers, pharmacies or persons holding retail hypodermic permits, not otherwise limited, when such sales are made to other manufacturers, wholesalers or pharmacies, or to practitioners, hospitals, registered nurses or other holders of permits.

      3.  The provisions of subsections 1 and 2 do not apply to a physician, dentist or veterinarian , or to an advanced practitioner of nursing who is a practitioner, when furnishing a hypodermic device to a patient for use in the treatment of the patient.

      Sec. 22.  NRS 454.695 is hereby amended to read as follows:

      454.695  1.  [A registered nurse] An advanced practitioner of nursing may prescribe [, by written prescription only,] poisons, dangerous drugs and devices for legitimate medical purposes in accordance with:

      (a) The certificates he holds from the board and the state board of nursing; and

      (b) The protocol which is approved by the state board of nursing.

      2.  For the purposes of this section, “protocol” means the written agreement between a physician and [a registered nurse] an advanced practitioner of nursing which sets forth matters including the:

      (a) Patients which the [registered nurse] advanced practitioner of nursing may serve;

      (b) Specific poisons, dangerous drugs and devices which the [registered nurse] advanced practitioner of nursing may prescribe; and

      (c) Conditions under which the [registered nurse shall] advanced practitioner of nursing must directly refer the patient to the physician.

      Sec. 23.  1.  A certificate issued by the state board of pharmacy pursuant to NRS 639.1375 or 639.2351 to a registered nurse who is not an advanced practitioner of nursing expires on October 1, 1991.

      2.  As used in this section, “advanced practitioner of nursing” means a registered nurse who holds a valid certificate of recognition as an advanced practitioner of nursing issued by the state board of nursing.

      Sec. 24.  Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________


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ê1991 Statutes of Nevada, Page 798ê

 

CHAPTER 303, AB 554

Assembly Bill No. 554–Committee on Judiciary

CHAPTER 303

AN ACT relating to gaming; changing the designation of “junket representative” to “independent agent”; allowing an independent agent to provide certain services and property without first procuring a state gaming license; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      Sec. 2.  “Credit instrument” means a writing which evidences a gaming debt owed to a person who holds a nonrestricted license at the time the debt is created, and includes any writing taken in consolidation, redemption or payment of a previous credit instrument.

      Sec. 3.  1.  “Independent agent” means any person who:

      (a) Approves or grants the extension of gaming credit on behalf of a state gaming licensee or collects a debt evidenced by a credit instrument; or

      (b) Contracts with a state gaming licensee or its affiliate to provide services outside of Nevada consisting of arranging transportation or lodging for guests at a licensed gaming establishment.

      2.  The term does not include:

      (a) A state gaming licensee;

      (b) A bonded collection agency licensed by the local government authorities in the jurisdiction where the agency has its principal place of business;

      (c) A licensed attorney;

      (d) A supplier of transportation;

      (e) A travel agency which receives compensation solely on the price of the transportation or lodging arranged for by the agency;

      (f) An employee of a state gaming licensee or its affiliate; or

      (g) A person who does not receive cash for his services.

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

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 463.162 is hereby amended to read as follows:

      463.162  1.  Except as otherwise provided in subsections 2 and 3, it is unlawful for any person to:

      (a) Lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest, percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license.

      (b) Lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital ease, any slot machine under guise of any agreement whereby any consideration is paid or is payable for the right to possess or use that slot machine, whether the consideration is measured by a percentage of the revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.


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ê1991 Statutes of Nevada, Page 799 (Chapter 303, AB 554)ê

 

revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.

      (c) Furnish services or property, real or personal, on the basis of a contract, lease or license, pursuant to which that person receives payments based on earnings or profits [or otherwise] from any gambling game, including any slot machine, without having first procured a state gaming license.

      2.  The provisions of subsection 1 do not apply to any person:

      (a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.

      (b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.

      (c) That is a wholly owned subsidiary of:

             (1) A corporation or limited partnership holding a state gaming license; or

             (2) A holding company or intermediary company, or publicly traded corporation, that has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it.

      (d) Who is licensed as a distributor and who rents or leases any equipment of any gambling game including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.

      (e) Who is found suitable by the commission to act as an independent agent.

Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of provisions in a contract, lease or license for adjustments in charges, rentals or fees on account of changes in taxes or assessments, escalations in the cost-of-living index, expansions or improvement of facilities, or changes in services supplied. Receipts of rentals or charges based on percentage between a corporate licensee or a licensee who is a limited partnership and the entities enumerated in paragraph (c) are permitted under this subsection.

      3.  The commission may, upon the issuance of its approval or a finding of suitability, exempt a holding company from the licensing requirements of subsection 1.

      4.  The board may require any person exempted by the provisions of subsection 2 or paragraph (b) of subsection 1 to provide such information as it may require to perform its investigative duties.

      5.  The board and the commission may require a finding of suitability or the licensing of any person who:

      (a) Owns any interest in the premises of a licensed establishment or owns any interest in real property used by a licensed establishment whether he leases the property directly to the licensee or through an intermediary.

      (b) Repairs, rebuilds or modifies any gaming device.

      (c) Manufactures or distributes chips or gaming tokens for use in Nevada.

      6.  If the commission finds a person described in subsection 5 unsuitable, a licensee shall not enter into any contract or agreement with that person without the prior approval of the commission. Any other agreement between the licensee and that person must be terminated upon receipt of notice of the action by the commission.


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ê1991 Statutes of Nevada, Page 800 (Chapter 303, AB 554)ê

 

action by the commission. Any agreement between a licensee and a person described in subsection 5 shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person is unsuitable. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days after demand, the commission may pursue any remedy or combination of remedies provided in this chapter.

      Sec. 6.  NRS 463.167 is hereby amended to read as follows:

      463.167  1.  The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which the person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require the arrangement to be terminated.

      2.  If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with the licensee, the commission may, upon recommendation of the board, require the application of any person for a determination of suitability to be associated with a gaming enterprise if the person:

      (a) Does business on the premises of the licensed gaming establishment;

      (b) [Does business with the licensed gaming establishment as a junket representative or ticket purveyor;] Is an independent agent or does business with a licensed gaming establishment as a ticket purveyor, a tour operator, the operator of a bus program, or as the operator of any other type of casino travel program or promotion; or

      (c) Provides any goods or services to the licensed gaming establishment for a compensation which the board finds to be grossly disproportionate to the value of the goods or services.

      3.  If the commission determines that the person is unsuitable to be associated with a gaming enterprise, the association must be terminated. Any agreement which entitles a business other than gaming to be conducted on the premises, or entitles a person other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of subsection 2, is subject to termination upon a finding of unsuitability of the person associated therewith. Every such agreement must be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.

      Sec. 7.  (Deleted by amendment.)


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

ê1991 Statutes of Nevada, Page 801 (Chapter 303, AB 554)ê

 

      Sec. 8.  NRS 463.367 is hereby repealed.

 

________

 

 

CHAPTER 304, AB 608

Assembly Bill No. 608–Committee on Judiciary

CHAPTER 304

AN ACT relating to crimes; revising the definition of statutory sexual seduction; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.364 is hereby amended to read as follows:

      200.364  As used in this section and NRS 200.366 and 200.368, unless the context otherwise requires:

      1.  “Perpetrator” means a person who commits a sexual assault.

      2.  “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.

      3.  “Statutory sexual seduction” means [ordinary] :

      (a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a [consenting] person under the age of 16 years [.] ; or

      (b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

      4.  “Victim” means a person who is subjected to a sexual assault.

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

 

________

 

 

CHAPTER 305, AB 613

Assembly Bill No. 613–Committee on Health and Welfare

CHAPTER 305

AN ACT relating to reviewing the provision of health care; requiring registration with the commissioner of insurance of persons who provide utilization review; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 683A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.


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

ê1991 Statutes of Nevada, Page 802 (Chapter 305, AB 613)ê

 

      Sec. 2.  The purposes of sections 2 to 6, inclusive, of this act are to:

      1.  Promote the delivery of health care of high quality in a manner that limits the cost of such care; and

      2.  Foster greater cooperation between providers of health care and agents who perform utilization review.

      Sec. 3.  As used in sections 2 to 6, inclusive, of this act:

      1.  “Agent who performs utilization review” includes any person who performs such review except a person acting on behalf of the Federal Government, but only to the extent that the person provides the service for the Federal Government or an agency thereof.

      2.  “Insured” means a natural person who has contracted for or participates in coverage under a policy of insurance, a contract with a health maintenance organization, a plan for hospital, medical or dental services or any other program providing payment, reimbursement or indemnification for the costs of health care for himself, his dependents, or both.

      3.  “Utilization review” means a system that provides, at a minimum, for review of the necessity and appropriateness of the allocation of health care resources and services provided or proposed to be provided to an insured. The term does not include responding to requests made by an insured for clarification of his coverage.

      Sec. 4.  1.  A person shall not conduct utilization review unless he is:

      (a) Registered with the commissioner as an agent who performs utilization review and has a medical director who is a physician or, in the case of an agent who reviews dental services, a dentist, licensed in any state; or

      (b) Employed by a registered agent who performs utilization review.

      2.  A person may apply for registration by filing with the commissioner a $250 fee and the following information on a form provided by the commissioner:

      (a) The applicant’s name, address, telephone number and normal business hours;

      (b) The name and telephone number of a person the commissioner may contact for information concerning the applicant;

      (c) The name of the medical director of the applicant and the state in which he is licensed to practice medicine or dentistry; and

      (d) A summary of the plan for utilization review, including procedures for appealing determinations made through utilization review.

      3.  An agent who performs utilization review shall file with the commissioner any material changes in the information provided pursuant to subsection 1 within 30 days after the change occurs.

      4.  The commissioner shall not evaluate the plan submitted pursuant to paragraph (d) of subsection 2. The commissioner shall make the plan available upon request and shall charge a reasonable fee for providing a copy of the plan.

      5.  Registration pursuant to this section must be renewed on or before March 1 of each year by providing the information specified in subsection 2 and paying a renewal fee of $250.

      Sec. 5.  The provisions of sections 2 to 6, inclusive, of this act do not apply to:

      1.  An authorized insurer;


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

ê1991 Statutes of Nevada, Page 803 (Chapter 305, AB 613)ê

 

      2.  A fraternal benefit society that is certified pursuant to chapter 695A of NRS;

      3.  A nonprofit corporation for hospital, medical or dental services that is certified pursuant to chapter 695B of NRS;

      4.  A health maintenance organization that is certified pursuant to chapter 695C of NRS; or

      5.  An organization for dental care that is certified pursuant to chapter 695D of NRS,

which performs its own utilization review. This section does not limit the applicability of sections 2 to 6, inclusive, of this act to affiliates and subsidiaries of such entities or to contracts between such entities and independent agents who perform utilization review.

      Sec. 6.  A person who violates any provision of sections 2 to 5, inclusive, of this act shall be punished by a fine of not more than $1,000.

 

________

 

 

CHAPTER 306, AB 629

Assembly Bill No. 629–Committee on Labor and Management

CHAPTER 306

AN ACT relating to industrial insurance; allowing a nonprofit corporation to reject industrial insurance coverage for its officers who do not receive pay; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.279 is hereby amended to read as follows:

      616.279  1.  If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:

      (a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 and a maximum pay of $24,000 per annum.

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

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

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

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


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

ê1991 Statutes of Nevada, Page 804 (Chapter 306, AB 629)ê

 

      5.  A nonprofit corporation which has rejected coverage for its officers who do not receive pay may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.

 

________

 

 

CHAPTER 307, AB 630

Assembly Bill No. 630–Committee on Labor and Management

CHAPTER 307

AN ACT relating to industrial insurance; revising provisions regarding the payment of death benefits to nonresident alien dependents; increasing the allowed amount of payments to nonresident alien dependents; making technical changes; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.555 is hereby amended to read as follows:

      616.555  [Payments]

      1.  The insurer shall notify a dependent of a deceased employee who is residing outside of the United States by certified mail at his last known address if compensation is due the decedent or beneficiary pursuant to this chapter. The dependent may request that payment be made directly to him within 90 calendar days after the notice was mailed. The insurer shall pay compensation which is due a beneficiary directly to the beneficiary if the beneficiary requests payment within 90 calendar days after the notice was mailed.

      2.  If the insurer does not receive a request that payment be made directly to a beneficiary within 90 days after the notice required by subsection 1 is mailed, payments to the consul general, vice consul general, consul or vice consul of the nation of which any dependent of a deceased employee is a resident or subject, or a representative of such consul general, vice consul general, consul or vice consul, of any compensation due under this chapter to any dependent residing outside of the United States, any power of attorney to receive or receipt for the same to the contrary notwithstanding, [shall be] are as full a discharge of the benefits or compensation payable under this chapter as if payments were made directly to the beneficiary.

      Sec. 2.  NRS 616.615 is hereby amended to read as follows:

      616.615  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation is known as a death benefit, and is payable [in the amount to and for the benefit of the following:

      1.  Burial expenses.] as follows:

      1.  In addition to [the] any other compensation payable [under] pursuant to this chapter, burial expenses are payable in an amount not to exceed $5,000. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer if the transportation is not beyond the continental limits of the United States.


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

ê1991 Statutes of Nevada, Page 805 (Chapter 307, AB 630)ê

 

transportation must be borne by the insurer if the transportation is not beyond the continental limits of the United States.

      2.  [Widow.] To the [widow,] surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage [. This compensation must be paid until her] is payable until his death or remarriage, with 2 years’ compensation payable in one lump sum upon remarriage.

      3.  [Widower. To the widower, 66 2/3 percent of the average monthly wage. This compensation must be paid until his death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      4.  Children who survive a widow or widower.

      (a) In case] In the event of the subsequent death of the surviving spouse [any] :

      (a) Each surviving child [or children] of the deceased employee must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest reaches the age of 18 years.

      (b) If the children have a guardian, the compensation on account of them may be paid to the guardian.

      [(c) Except as provided in subparagraphs (1) and (2), the entitlement of any child to receive his proportionate share of compensation under this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to compensation under this section if he is:

             (1) Over 18 years and incapable of self-support, until such time as he becomes capable of self-support; or

             (2) Over 18 years and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.

      (d)] 4.  Upon the remarriage of a [widow or widower] surviving spouse with children [, the widow or widower] :

      (a) The surviving spouse must be paid 2 years’ compensation in one lump sum and further benefits must cease [. Following the remarriage by the widow or widower with children, each] ; and

      (b) Each child must be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.

      5.  [Surviving children but no surviving spouse. If there is a surviving child or] If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support . [until he reaches the age of 18 years or, if enrolled full time in an accredited vocational or education institution, until he reaches the age of 22 years.

      6.  Dependent parents, brothers and sisters. If]

      6.  Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 33 1/3 percent of the average monthly wage.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 66 2/3 percent of the average monthly wage.


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

ê1991 Statutes of Nevada, Page 806 (Chapter 307, AB 630)ê

 

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.

      [(d)] 7.  The aggregate compensation payable pursuant to [paragraphs (a), (b) and (c) may in no case] subsection 6 must not exceed 66 2/3 percent of the average monthly wage.

      [7.  Questions of total or partial dependency.

      (a)] 8.  In all other cases [,] involving a question of total or partial dependency :

      (a) The extent of the dependency must be determined in accordance with the facts [as the facts may be] existing at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.

      [8.  Apportionment of death benefit between dependents.]

      9.  Compensation payable to [the widow or widower must be] a surviving spouse is for the use and benefit of the [widow or widower, and of] surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      [9.  Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation must be only 50 percent of the amount or amounts specified in this section.

      10.  Funeral expenses of dependent dying before expiration of award. In case]

      10.  In the event of the death of any dependent specified in this section before the expiration of the time [named in the award,] during which compensation is payable to him, funeral expenses are payable in an amount not to exceed $5,000 . [must be paid.]

      11.  Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his proportionate share of compensation pursuant to this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if he is:

      (a) Over 18 years of age and incapable of self-support, until such time as he becomes capable of self-support; or

      (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or education institution, until he reaches the age of 22 years.

 

________


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

ê1991 Statutes of Nevada, Page 807ê

 

CHAPTER 308, AB 680

Assembly Bill No. 680–Committee on Commerce

CHAPTER 308

AN ACT relating to the commissioner of insurance; expanding his authority to regulate the conduct of insurers and ensure that the insurance business is conducted in a suitable manner; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:

      The commissioner may observe the conduct of each authorized insurer and other persons who have a direct material involvement with the insurance business to ensure that:

      1.  An unqualified, disqualified or unsuitable person is not involved in insurance; and

      2.  The insurance business is not conducted in an unsuitable manner.

The commissioner shall, by regulation, define the terms “unsuitable person” and “unsuitable manner” for use in carrying out the provisions of this section and NRS 679B.310 and 680A.200.

      Sec. 2.  NRS 679B.310 is hereby amended to read as follows:

      679B.310  1.  The commissioner may hold a hearing, without request by others, to determine whether an insurer or an employee of an insurer has engaged in unsuitable conduct and for any other purpose within the scope of this code.

      2.  The commissioner shall hold a hearing:

      (a) If required by any other provision of this code; or

      (b) Upon written application for a hearing by a person aggrieved by any act, threatened act, or failure of the commissioner to act, or by any report, rule, regulation or order of the commissioner (other than an order for the holding of a hearing, or order on a hearing, or pursuant to such order of which hearing [such] the person had notice). Any such application must be filed in the division within 60 days after [such] the person knew or reasonably should have known, of [such] the act, threatened act, failure, report, rule, regulation or order, unless a different period is provided for by other laws applicable to the particular matter, in which case [such] the other law [shall govern.] governs.

      3.  Any such application for a hearing [shall] must briefly state the respects in which the applicant is so aggrieved, together with the grounds to be relied upon as a basis for the relief to be sought at the hearing.

      4.  If the commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established and that [such] the grounds otherwise justify the hearing, he shall hold the hearing within 30 days after the filing of the application, unless postponed by mutual consent. Failure to hold the hearing upon application therefor of a person entitled thereto as provided in this section [shall constitute] constitutes a denial of the relief sought, and shall be deemed the equivalent of a final order of the commissioner on hearing for the purpose of an appeal under NRS 679B.370.


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

ê1991 Statutes of Nevada, Page 808 (Chapter 308, AB 680)ê

 

of the commissioner on hearing for the purpose of an appeal under NRS 679B.370.

      5.  Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action.

      6.  This section does not apply to hearings relative to matters arising under chapter 686B of NRS (rates and rating organizations).

      Sec. 3.  NRS 680A.200 is hereby amended to read as follows:

      680A.200  1.  The commissioner may refuse to continue or may suspend, limit or revoke an insurer’s certificate of authority if he finds after a hearing thereon, or upon waiver of hearing by the insurer, that the insurer has:

      (a) Violated or failed to comply with any lawful order of the commissioner;

      (b) Conducted his business in an unsuitable manner;

      (c) Willfully violated or willfully failed to comply with any lawful regulation of the commissioner; or

      [(c)] (d) Violated any provision of this code other than one for violation of which suspension or revocation is mandatory.

In lieu of such a suspension or revocation, the commissioner may levy upon the insurer, and the insurer shall pay forthwith, an administrative fine of not more than $2,000.

      2.  The commissioner shall suspend or revoke an insurer’s certificate of authority on any of the following grounds if he finds after a hearing thereon that the insurer:

      (a) Is in unsound condition, is being fraudulently conducted, or is in such a condition or is using such methods and practices in the conduct of its business as to render its further transaction of insurance in this state currently or prospectively hazardous or injurious to policyholders or to the public.

      (b) With such frequency as to indicate its general business practice in this state:

             (1) Has without just cause failed to pay, or delayed payment of, claims arising under its policies, whether the claims are in favor of an insured or in favor of a third person with respect to the liability of an insured to the third person; or

             (2) Without just cause compels insureds or claimants to accept less than the amount due them or to employ attorneys or to bring suit against the insurer or such an insured to secure full payment or settlement of such claims.

      (c) Refuses to be examined, or its directors, officers, employees or representatives refuse to submit to examination relative to its affairs, or to produce its books, papers, records, contracts, correspondence or other documents for examination by the commissioner when required, or refuse to perform any legal obligation relative to the examination.

      (d) Except as otherwise provided in NRS 681A.110, has reinsured all its risks in their entirety in another insurer.

      (e) Has failed to pay any final judgment rendered against it in this state upon any policy, bond, recognizance or undertaking as issued or guaranteed by it, within 30 days after the judgment became final or within 30 days after dismissal of an appeal before final determination, whichever date is the later.


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

ê1991 Statutes of Nevada, Page 809 (Chapter 308, AB 680)ê

 

      3.  The commissioner may, without advance notice or a hearing thereon, immediately suspend the certificate of authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation or other delinquency proceedings have been commenced in any state by the public officer who supervises insurance for that state.

 

________

 

 

CHAPTER 309, AB 737

Assembly Bill No. 737–Committee on Judiciary

CHAPTER 309

AN ACT relating to statutes; defining certain terms and drafting conventions for the purposes of the Nevada Revised Statutes; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise expressly provided in a particular statute or required by the context:

      (a) “May” confers a right, privilege or power. The term “is entitled” confers a private right.

      (b) “May not” or “no * * * may” abridges or removes a right, privilege or power.

      (c) “Must” expresses a requirement when:

             (1) The subject is a thing, whether the verb is active or passive.

             (2) The subject is a natural person and:

             (I) The verb is in the passive voice; or

             (II) Only a condition precedent and not a duty is imposed.

      (d) “Shall” imposes a duty to act.

      (e) “Shall be deemed” or “shall be considered” creates a legal fiction.

      (f) “Shall not” imposes a prohibition against acting.

      2.  Except as otherwise required by the context, text of a statute that:

      (a) Follows subsections, paragraphs, subparagraphs or sub-subparagraphs that are introduced by a colon;

      (b) Is not designated as a separate subsection, paragraph, subparagraph or sub-subparagraph; and

      (c) Begins flush to the left margin rather than immediately following the material at the end of the final subsection, paragraph, subparagraph or sub-subparagraph,

applies to the section as a whole, in the case of subsections, or to the subdivision preceding the colon as a whole rather than solely to the subdivision that the text follows.


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

ê1991 Statutes of Nevada, Page 810 (Chapter 309, AB 737)ê

 

      Sec. 2.  This act becomes effective upon passage and approval and applies to existing language contained in the Nevada Revised Statutes as well as language adopted after the effective date of this act.

 

________

 

 

CHAPTER 310, AB 754

Assembly Bill No. 754–Committee on Labor and Management

CHAPTER 310

AN ACT relating to industrial insurance; clarifying that unrealized investment gains and losses must not be considered by the state industrial insurance system in determining whether to declare and distribute dividends to employers; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.383 is hereby amended to read as follows:

      616.383  1.  The manager shall, in order to provide an incentive for employers to control industrial injuries and occupational disease, declare and distribute dividends based on experience when the balance in the state insurance fund , excluding unrealized investment gains or losses, exceeds by $1,000,000 or more the amount necessary to pay obligations and administrative expenses, to carry reasonable reserves and to provide for contingencies. The manager may declare and distribute a dividend to an employer only once in any fiscal year.

      2.  The dividends distributed pursuant to this section must be computed in a manner which relates the amount of the dividend to the experience of the employer in the control of industrial injuries and occupational disease.

      3.  The manager shall adopt regulations for the distribution of dividends pursuant to this section. The regulations may provide that:

      (a) The employer’s period of experience be 1, 2 or 3 fiscal years.

      (b) An employer who paid earned premiums during his period of experience may participate in any distribution of dividends.

      (c) The employer’s own experience be used in any reasonable manner to determine his own dividend.

      (d) When the balance in the state insurance fund , excluding unrealized investment gains or losses, exceeds by $1,000,000 or more the amount necessary for obligations, expenses, reserves and contingencies, a public hearing be held to determine the aggregate amount of dividends to be distributed.

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

 

________


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

ê1991 Statutes of Nevada, Page 811ê

 

CHAPTER 311, SB 308

Senate Bill No. 308–Senators Adler, Coffin, Cook, Getto, Jacobsen, Neal, Nevin, Raggio, Shaffer, Smith, Townsend, Tyler and Vergiels

CHAPTER 311

AN ACT relating to judgments; exempting certain arrangements for retirement from execution to satisfy a judgment and from execution to obtain security for satisfaction of a judgment; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION YOUR PROPERTY IS

BEING ATTACHED OR YOUR WAGES

ARE BEING GARNISHED

 

       A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than $1,000.


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

ê1991 Statutes of Nevada, Page 812 (Chapter 311, SB 308)ê

 

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue code (26 U.S.C. §§ 401 et seq.).

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

      Sec. 2.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.


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

ê1991 Statutes of Nevada, Page 813 (Chapter 311, SB 308)ê

 

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) One vehicle if the judgment debtor’s equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraph (n), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $95,000 in value and the dwelling is situate upon lands not owned by him.


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

ê1991 Statutes of Nevada, Page 814 (Chapter 311, SB 308)ê

 

      (n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Money, not to exceed $100,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

      2.  No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.

      Sec. 3.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION YOUR PROPERTY IS

BEING ATTACHED OR YOUR WAGES

ARE BEING GARNISHED

 

       Plaintiff, .................... (name of person,) alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.


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

ê1991 Statutes of Nevada, Page 815 (Chapter 311, SB 308)ê

 

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including mobile or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than $1,000.

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

       If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt.


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

ê1991 Statutes of Nevada, Page 816 (Chapter 311, SB 308)ê

 

hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

       IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

 

________

 

 

CHAPTER 312, AB 579

Assembly Bill No. 579–Assemblymen Goetting, Dini, Marvel, Price, McGinness, Giunchigliani, Heller, Spitler, Myrna Williams, Stout, Humke, Evans, Petrak, Bennett, Krenzer, Kerns, Bache, Bayley, Freeman, Hardy, Bergevin, McGaughey, Spriggs, Elliott, Little, Norton, Anderson, Gibbons, Wong, Gregory, Johnson, Arberry, Garner and Sader

CHAPTER 312

AN ACT relating to crimes; prohibiting the manufacture, purchase, possession, sale, transportation and advertisement for sale of a hoax bomb; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 10, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person who manufactures, purchases, possesses, sells, advertises for sale or transports a hoax bomb and knows or should have known that it is to be used to make a reasonable person believe that it is an explosive or incendiary device is guilty of a gross misdemeanor.

      2.  The provisions of subsection 1 do not prohibit:

      (a) The purchase, possession, sale, advertising for sale, transportation or use of a military artifact, if the military artifact is harmless or inert, unless the military artifact is used to make a reasonable person believe that the military artifact is an explosive or incendiary device.

      (b) The authorized manufacture, purchase, possession, sale, transportation or use of any material, substance or device by a member of the Armed Forces of the United States, a fire department or a law enforcement agency if the person is acting lawfully while in the line of duty.

      (c) The manufacture, purchase, possession, sale, transportation or use of any material, substance or device that is permitted by a specific statute.

      3.  As used in this section:

      (a) “Explosive or incendiary device” has the meaning ascribed to it in NRS 202.260.


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

ê1991 Statutes of Nevada, Page 817 (Chapter 312, AB 579)ê

 

      (b) “Hoax bomb” means:

             (1) An inoperative facsimile or imitation of an explosive or incendiary device; or

             (2) A device or object that appears to be or to contain an explosive or incendiary device.

 

________

 

 

CHAPTER 313, SB 460

Senate Bill No. 460–Senator Getto

CHAPTER 313

AN ACT relating to education personnel; authorizing a teacher credit for experience in another school district in the state in determining the salary of the teacher; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.160 is hereby amended to read as follows:

      391.160  1.  The salaries of teachers and other employees [shall] must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.

      2.  In determining the salary of a teacher, a school district shall give the same credit for previous service in another school district in this state as is given for the same kind of service in the school district for which the salary is being determined.

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

 

________

 

 

CHAPTER 314, SB 533

Senate Bill No. 533–Committee on Judiciary

CHAPTER 314

AN ACT relating to gaming; revising various provisions relating to the collection of a gaming debt from a patron incurred by a credit instrument accepted by an establishment holding a nonrestricted state gaming license; prohibiting the claim of a mental disorder involving gambling to invalidate a credit instrument; exempting nonrestricted licensees from certain provisions governing installment loans; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.368 is hereby amended to read as follows:

      463.368  1.  A credit instrument accepted on or after June 1, 1983, [is] and the debt that the credit instrument represents are valid and may be enforced by legal process.


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

ê1991 Statutes of Nevada, Page 818 (Chapter 314, SB 533)ê

 

      2.  A licensee or a person acting on [the licensee’s] behalf of a licensee may accept an incomplete credit instrument which:

      (a) Is signed by a patron; and

      (b) States the amount of the debt in figures,

and may complete the instrument as is necessary for the instrument to be presented for payment.

      3.  A licensee or person acting on behalf of a licensee:

      (a) May accept a credit instrument that is dated later than the date of its execution if that later date is furnished at the time of the execution of the credit instrument by the patron.

      (b) May not accept a credit instrument which is incomplete and cannot lawfully be completed to comply with the requirements of NRS 104.3104.

      (c) May accept a credit instrument that is payable to an affiliated company or may complete a credit instrument in the name of an affiliated company as payee if the credit instrument otherwise complies with this subsection and the records of the affiliated company pertaining to the credit instrument are made available to agents of the board upon request.

      (d) May accept a credit instrument either before, at the time, or after the patron incurs the debt. The credit instrument and the debt that the credit instrument represents are enforceable without regard to whether the credit instrument was accepted before, at the time or after the debt is incurred.

      4.  This section does not prohibit the establishment of an account by a deposit of cash, recognized traveler’s check, or any other instrument which is equivalent to cash.

      5.  If a credit instrument is lost or destroyed, the debt represented by the credit instrument may be enforced if the licensee or person if acting on behalf of the licensee can prove the existence of the credit instrument.

      6.  A patron’s claim of having a mental or behavioral disorder involving gambling:

      (a) Is not a defense in any action by a licensee or a person acting on behalf of a licensee to enforce a credit instrument or the debt that the credit instrument represents.

      (b) Is not a valid counterclaim to such an action.

      7.  Any person who violates the provisions of this section is subject only to the penalties provided in NRS 463.310 to 463.318, inclusive.

      [6.] The failure of a person to comply with the provisions of this section or the regulations of the commission does not invalidate a credit instrument or affect the ability to enforce the credit instrument or the debt that the credit instrument represents.

      8.  The commission may adopt regulations prescribing the conditions under which a credit instrument may be redeemed or presented to a bank for collection or payment.

      Sec. 2.  NRS 675.040 is hereby amended to read as follows:

      675.040  This chapter does not apply to:

      1.  A person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage companies, thrift companies, pawnbrokers or insurance companies.

      2.  A real estate investment trust as defined in 26 U.S.C. § 856.


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

ê1991 Statutes of Nevada, Page 819 (Chapter 314, SB 533)ê

 

      3.  An employee benefit plan as defined in 29 U.S.C. § 1002(3) if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his duties as attorney at law if the loan is secured by real property.

      5.  A real estate broker rendering services in the performance of his duties as a real estate broker if the loan is secured by real property.

      6.  Except as otherwise provided in this subsection, any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller or servicer; and

      (c) Approved by the Department of Housing and Urban Development and the Veterans’ Administration.

      7.  A person who provides money for investment in loans secured by a lien on real property, on his own account.

      8.  A seller of real property who offers credit secured by a mortgage of the property sold.

      9.  A person holding a nonrestricted state gaming license issued pursuant to the provisions of chapter 463 of NRS.

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

 

________

 

 

CHAPTER 315, SB 583

Senate Bill No. 583–Senator Nevin (by request)

CHAPTER 315

AN ACT relating to county fair and recreation boards; revising the method of appointment and the number of members of the boards in certain counties; providing that members of boards in certain counties are entitled to the per diem and travel expenses provided state officers and employees generally; increasing the compensation of members of boards in those counties; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.601 is hereby amended to read as follows:

      244A.601  1.  In any county whose population is 100,000 or more, and less than 400,000, the county fair and recreation board consists of [11] 12 members who are appointed as follows:

      (a) Two members by the board of county commissioners.

      (b) Two members by the governing body of the largest incorporated city in the county.

      (c) One member by the governing body of the next largest incorporated city in the county.

      (d) Except as otherwise provided in subsection 2, [six] seven members by the members appointed pursuant to paragraphs (a), (b) and (c). [, from a list of at least one nominee for each position submitted by the chamber of commerce of the largest incorporated city in the county.


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

ê1991 Statutes of Nevada, Page 820 (Chapter 315, SB 583)ê

 

commerce of the largest incorporated city in the county. If the members entitled to vote find the nominees on the list unacceptable, they must request a new list of at least one nominee for each position.] The members entitled to vote shall select:

             (1) One member who is a representative of [airlines.] air service interests from a list of nominees submitted by the Airport Authority of Washoe County. The nominees must not be elected officers.

             (2) One member who is a representative of motel operators [.] from a list of nominees submitted by one or more associations that represent the motel industry.

             (3) One member who is a representative of banking or other financial interests [.] from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

             (4) One member who is a representative of other business or commercial interests [.

             (5) Two] from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

             (5) Three members of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the county in the preceding year. If there is no such association, the [two] three appointed members must be representative of gaming.

If the members entitled to vote find the nominees on a list unacceptable, they shall request a new list of nominees.

      2.  The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself only once.

      3.  If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.

      4.  Any member appointed by the board of county commissioners or a governing body of a city must be a member of the appointing board or body.

      Sec. 2.  NRS 244A.609 is hereby amended to read as follows:

      244A.609  1.  Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:

      (a) His oath of office.

      (b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.

      2.  Except as otherwise provided in subsection 3, no member may receive any compensation as an employee of the board or otherwise, and no member of the board may be interested in any contract or transaction with the board or the county except in his official representative capacity.


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

ê1991 Statutes of Nevada, Page 821 (Chapter 315, SB 583)ê

 

      3.  Each member of a board created and existing in a county [having a population of] whose population is 100,000 or more is entitled to receive [$100] :

      (a) Four hundred eighty dollars per month or [$25] $80 for each meeting of the board or a committee of the board attended, whichever amount is less.

      (b) While engaged in the business of the board, the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 3.  1.  The members of the county fair and recreation board appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 of NRS 244A.601 shall, as soon as practicable, appoint to the county fair and recreation board the additional member of the association of gaming establishments who is qualified for appointment pursuant to subparagraph (5) of paragraph (d) of subsection 1 of NRS 244A.601 as amended by section 1 of this act, to an initial term equal in length to the remaining term of any member currently holding office pursuant to the provisions of subparagraph (5) of paragraph (d) of subsection 1 of NRS 244A.601.

      2.  The members of the county fair and recreation board appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 of NRS 244A.601 shall appoint to the county fair and recreation board members who are qualified pursuant to subparagraphs (1) to (4), inclusive, of paragraph (d) of subsection 1 of NRS 244A.601 as amended by section 1 of this act, upon the expiration of the terms of office of the members currently holding office pursuant to the provisions of subparagraphs (1) to (4), inclusive, respectively, of paragraph (d) of subsection 1 of NRS 244A.601.

 

________

 

 

CHAPTER 316, SB 446

Senate Bill No. 446–Committee on Finance

CHAPTER 316

AN ACT relating to fiduciaries; making various changes concerning the powers and responsibilities of certain fiduciaries; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 165.135 is hereby amended to read as follows:

      165.135  The trustee of each nontestamentary trust shall, not less often than annually, furnish to each beneficiary who is currently entitled to receive income pursuant to the terms of the trust and to any surety on the bond of the trustee of the trust an account showing:

      1.  The period which the account covers;

      2.  In a separate schedule [, additions] :

      (a) Additions to trust principal during the accounting period with the dates and sources of acquisition; [investments]

      (b) Investments collected, sold [,] or charged off during the accounting period; [investments]


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

ê1991 Statutes of Nevada, Page 822 (Chapter 316, SB 446)ê

 

      (c) Investments made during the accounting period, with the date, source [,] and cost of each; [deductions]

      (d) Deductions from principal during the accounting period, with the date and purpose of each; and [the]

      (e) The trust principal, invested or uninvested, on hand at the end of the accounting period, reflecting the approximate market value thereof;

      3.  In a separate schedule [, the trust] :

      (a) Trust income on hand at the beginning of the accounting period, and in what form held; [trust]

      (b) Trust income received during the accounting period, when, and from what source; [trust]

      (c) Trust income paid out during the accounting period, when, to whom, and for what purpose; [trust] and

      (d) Trust income on hand at the end of the accounting period, and how invested;

      4.  A statement of any unpaid claims with the reason for failure to pay them; and

      5.  A brief summary of the account.

      Sec. 2.  Chapter 662 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A bank which is acting as a fiduciary or agent may, in its discretion or at the direction of another person who is authorized to direct the investment of money held by the bank as a fiduciary or agent, invest in the securities of a management investment trust or management investment company if:

      (a) The investment trust or investment company is registered pursuant to the Investment Company Act of 1940 as amended (15 U.S.C. §§ 80a-1 et seq.;) and

      (b) The portfolio of the investment trust or investment company consists substantially of investments which are not prohibited by the instrument creating the fiduciary or agency relationship.

      2.  A bank or an affiliate of the bank may provide services to the investment trust or investment company, including, without limitation, acting as an investment adviser, custodian, transfer agent, registrar, sponsor, distributor or manager and may receive reasonable compensation for the services. The manner in which the compensation is calculated must be disclosed to the person who is currently receiving the benefits of the fiduciary or agency relationship with the bank. The disclosure may be made by a prospectus, a statement of account or otherwise.

      3.  A bank may deposit money held by the bank as a fiduciary or agent with an affiliate before investing or making other disposition of the money.

      Sec. 3.  Chapter 669 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A trust company which is acting as a fiduciary or agent may, in its discretion or at the direction of another person who is authorized to direct the investment of money held by the trust company as a fiduciary or agent, invest in the securities of a management investment trust or management investment company if:


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

ê1991 Statutes of Nevada, Page 823 (Chapter 316, SB 446)ê

 

      (a) The investment trust or investment company is registered pursuant to the Investment Company Act of 1940 as amended (15 U.S.C. §§ 80a-1 et seq.); and

      (b) The portfolio of the investment trust or investment company consists substantially of investments which are not prohibited by the instrument creating the fiduciary or agency relationship.

      2.  A trust company or an affiliate of the trust company may provide services to the investment trust or investment company, including, without limitation, acting as an investment adviser, custodian, transfer agent, registrar, sponsor, distributor or manager and may receive reasonable compensation for the services. The manner in which the compensation is calculated must be disclosed to the person who is currently receiving the benefits of the fiduciary or agency relationship with the trust company. The disclosure may be made by a prospectus, a statement of account or otherwise.

      3.  A trust company may deposit money held by the trust company as a fiduciary or agent with an affiliate before investing or making other disposition of the money.

 

________

 

 

CHAPTER 317, SB 150

Senate Bill No. 150–Committee on Finance

CHAPTER 317

AN ACT relating to unemployment compensation; providing that certain persons who perform services in the employ of a private employer while incarcerated in a custodial or penal institution are ineligible for benefits for a certain period; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person who:

      1.  During his last or next to last employment, performed services in the employ of a private employer while incarcerated in a custodial or penal institution; and

      2.  Is discharged from or leaves such employment because of his transfer or release from the institution,

is ineligible for benefits for the week in which he was discharged from or left such employment until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks.

      Sec. 2.  NRS 612.115 is hereby amended to read as follows:

      612.115  1.  “Employment” includes service performed in the employ of this state, or of any political subdivision thereof, or of any instrumentality of this state or its political subdivisions which is owned by this state or one or more of its political subdivisions alone or in conjunction with one or more other states or political subdivisions thereof, which is excluded from the definition of “employment” by the provisions of 26 U.S.C.


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

ê1991 Statutes of Nevada, Page 824 (Chapter 317, SB 150)ê

 

definition of “employment” by the provisions of 26 U.S.C. § 3306(c)(7), except service:

      (a) As an elected official;

      (b) As a member of the legislative body, or a member of the judiciary, of the state or a political subdivision;

      (c) As a member of the Nevada National Guard or Nevada Air National Guard;

      (d) In employment serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency; [or]

      (e) In a position which, [under or] pursuant to state law, is designated as a major nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week [.] ; or

      (f) By an inmate of a custodial or penal institution.

      2.  Every department of this state, and every political subdivision thereof, and each of the instrumentalities of this state and its political subdivisions, shall become an employer as provided in this chapter.

      3.  “Employment” does not include service performed:

      (a) In a facility conducted for the purpose of carrying out a program of rehabilitation for persons whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work for persons who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market by a person receiving such rehabilitation or remunerative work; or

      (b) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by a person receiving such work relief or work training . [; or

      (c) By an inmate of a custodial or penal institution.]

 

________

 

 

CHAPTER 318, SB 349

Senate Bill No. 349–Committee on Judiciary

CHAPTER 318

AN ACT relating to records of criminal history; expanding the system of collecting and processing statistics of crime; requiring the director of the department of motor vehicles and public safety to establish an advisory committee concerning the collection of certain information; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The director of the department shall establish within the central repository, a uniform program for reporting crimes which is designed to collect statistical data relating to crime or delinquency of children and to facilitate the collection and analysis of statistical data relating to crime at a central location.


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ê1991 Statutes of Nevada, Page 825 (Chapter 318, SB 349)ê

 

the collection and analysis of statistical data relating to crime at a central location.

      2.  To assist in establishing and carrying out the program required by subsection 1, the director shall establish an advisory committee consisting of seven members selected by the director. The committee must be composed of:

      (a) One member who represents an association of district court judges in this state;

      (b) One member who represents an association of justices of the peace and judges of municipal courts in this state;

      (c) One member who represents an association of district attorneys in this state;

      (d) One member who represents a law enforcement agency located in a county whose population is less than 400,000;

      (e) One member who represents a law enforcement agency located in a county whose population is 400,000 or more;

      (f) One member who represents the Nevada Highway Patrol; and

      (g) One member who represents the University of Nevada System and has knowledge of the criminal justice system.

      3.  The members of the advisory committee are not entitled to receive compensation while engaged in the business of the advisory committee.

      4.  Any member who is selected to fill a vacancy must possess the same general qualifications as his predecessor in office.

      Sec. 2.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

      (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

      3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:

      (a) Through an electronic network;

      (b) On a media of magnetic storage; or

      (c) In the manner prescribed by the director of the department,

within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.


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ê1991 Statutes of Nevada, Page 826 (Chapter 318, SB 349)ê

 

      [3.] 4.  The division shall:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Sexual offenses and other records of criminal history; and

             (2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

      (b) Use a record of the subject’s fingerprints as the basis for any records maintained regarding him.

      [4.] 5.  The division may:

      (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

             (1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;

             (2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; or

             (3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      6.  The central repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

      (d) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

      (e) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The central repository may:

      (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2.


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ê1991 Statutes of Nevada, Page 827 (Chapter 318, SB 349)ê

 

submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

 

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CHAPTER 319, SB 444

Senate Bill No. 444–Committee on Commerce and Labor

CHAPTER 319

AN ACT relating to the subdivision of land; eliminating the requirement that each block on a final subdivision map be numbered or lettered; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.372 is hereby amended to read as follows:

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

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

      3.  The scale of the map must be large enough to show all details clearly. The map must have a sufficient number of sheets to accomplish this end.

      4.  Each sheet of the map must indicate its particular number, the total number of sheets in the map and its relation to each adjoining sheet.

      5.  The final map must show all surveyed and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central angle, radii and arc length for all curves and such information as may be necessary to determine the location of the centers of curves.

      6.  Each lot must be numbered in sequence.

      7.  Each street must be named and each block [must] may be numbered or lettered.

      8.  The exterior boundary of the land included within the subdivision must be indicated by graphic border.

      9.  The map must show the definite location of the subdivision, particularly its relation to surrounding surveys.

      10.  The final map must show the area of each lot and the total area of the land in the subdivision in the following manner:

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


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ê1991 Statutes of Nevada, Page 828 (Chapter 319, SB 444)ê

 

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

      11.  The final map must also satisfy any additional survey and map requirements of the local ordinance.

 

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CHAPTER 320, AB 160

Assembly Bill No. 160–Committee on Government Affairs

CHAPTER 320

AN ACT relating to emergency management; prohibiting certain persons from depriving an employee of his employment based on his service as a member of a volunteer search and rescue or reserve unit of a sheriff’s department or a Civil Air Patrol unit under certain circumstances; requiring an employee and an applicant for employment to disclose information concerning membership in a reserve or search and rescue unit to his employer or prospective employer; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 414 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any person, including a government, governmental agency or political subdivision of a government, who employs a person or is vested with the power to discharge or recommend the discharge of a person shall not deprive that person of his employment for any reason specifically relating to his service as a member of a volunteer search and rescue or reserve unit of a sheriff’s department or a Civil Air Patrol unit unless:

      (a) The employee failed to comply with the provisions of subsection 1 of section 3 of this act; or

      (b) The employer has given notice to the employee pursuant to the provisions of subsection 2 of section 3 of this act.

      2.  A person discharged in violation of subsection 1 may commence a civil action against his employer and:

      (a) Recover all wages and benefits lost as a result of the violation and reasonable attorney’s fees as fixed by the court; and

      (b) Obtain an order of the court reinstating him to his employment without loss of position, seniority or benefits.

      Sec. 3.  1.  An employee who wishes to join a volunteer search and rescue or reserve unit of a sheriff’s department or a Civil Air Patrol unit shall disclose that fact to his employer.

      2.  If the employer chooses not to allow the employee to participate in search and rescue activities during his normal working hours, the employer shall notify the employee as soon as practicable after the disclosure is made pursuant to subsection 1.


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ê1991 Statutes of Nevada, Page 829 (Chapter 320, AB 160)ê

 

      3.  An applicant for employment who is a member of a search and rescue or reserve unit of a sheriff’s department or a Civil Air Patrol unit shall disclose that fact to his prospective employer.

 

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CHAPTER 321, AB 483

Assembly Bill No. 483–Assemblymen Humke, Freeman, Sader and Kerns

CHAPTER 321

AN ACT relating to hazardous waste; increasing the penalty of violations of certain statutes and orders relating to hazardous waste; providing a penalty for any unlawful disposal or discharge of hazardous waste; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445.334 is hereby amended to read as follows:

      445.334  1.  Except as otherwise provided in NRS 445.337 [,] or unless a greater penalty is prescribed by NRS 459.600, any person who intentionally or with criminal negligence violates NRS 445.221 or 445.254, any limitation established pursuant to NRS 445.247 and 445.251, the terms or conditions of any permit issued under NRS 445.227 to 445.241, inclusive, or any final order issued under NRS 445.324, except a final order concerning a diffuse source, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $25,000 for each day of the violation or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.

      2.  If the conviction is for a second violation of the provisions indicated in subsection 1, the person is guilty of a felony and shall be punished by a fine of not more than $50,000 for each day of the violation or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.

      3.  The penalties imposed by subsections 1 and 2 are in addition to any other penalties, civil or criminal, provided pursuant to NRS 445.131 to 445.354, inclusive.

      Sec. 2.  NRS 459.585 is hereby amended to read as follows:

      459.585  1.  Any person who violates or contributes to a violation of any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the department for a civil penalty of not more than [$10,000] $25,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by NRS 459.400 to 459.600, inclusive.

      2.  The department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any fish, aquatic life or other wildlife destroyed as a result of the violation.


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ê1991 Statutes of Nevada, Page 830 (Chapter 321, AB 483)ê

 

department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any fish, aquatic life or other wildlife destroyed as a result of the violation.

      Sec. 3.  NRS 459.595 is hereby amended to read as follows:

      459.595  Any person who:

      1.  Knowingly makes any false statement, representation or certification on any application, record, report, manifest, plan or other document filed or required to be maintained by any provision of NRS 459.400 to 459.560, inclusive, NRS 459.590 or by any regulation adopted or permit or order issued pursuant to those sections; or

      2.  Falsifies, tampers with or knowingly renders inaccurate any device or method for continuing observation required by a provision of NRS 459.400 to 459.560, inclusive, or by any regulation adopted or permit or order issued pursuant to those sections,

shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than [$10,000,] $25,000, or by both fine and imprisonment. Each day the false document remains uncorrected or a device or method described in subsection 2 remains inaccurate constitutes a separate violation of this section for purposes of determining the maximum fine.

      Sec. 4.  NRS 459.600 is hereby amended to read as follows:

      459.600  Any person who, intentionally or with criminal negligence [, violates] :

      1.  Violates NRS 459.590, subsection 1 of NRS 459.515 [,] or any term or condition of a permit issued pursuant to NRS 459.520 [or] ;

      2.  Violates an order issued by the department relating to hazardous waste [:

      1.  For the first violation, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $25,000 for each day of the violation, or by both fine and imprisonment.

      2.  For a second or subsequent violation,] , if:

      (a) The violation threatens or harms the environment or the personal safety of other persons; and

      (b) The person has not made a good faith effort to comply with the order; or

      3.  Disposes of or discharges hazardous waste in any manner not authorized by the provisions of this chapter or regulations adopted thereunder,

shall be punished by imprisonment in the state prison for not less than 1 year or more than 6 years, or by a fine of not more than $50,000 for each day of the violation, or by both fine and imprisonment.

      Sec. 5.  NRS 503.430 is hereby amended to read as follows:

      503.430  Except as otherwise provided in NRS 445.281 [,] or unless a greater penalty is prescribed by NRS 459.600, every person who places or allows to pass, or who places where it can pass or fall, into or upon any of the waters of this state at any time, any lime, gas tar, slag, acids or other chemical, sawdust, shavings, slabs, edgings, mill or factory refuse, sewage, garbage or any substance deleterious to fish or wildlife is guilty of a misdemeanor for the first offense and a gross misdemeanor for any subsequent offense.


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ê1991 Statutes of Nevada, Page 831 (Chapter 321, AB 483)ê

 

garbage or any substance deleterious to fish or wildlife is guilty of a misdemeanor for the first offense and a gross misdemeanor for any subsequent offense.

 

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CHAPTER 322, AB 528

Assembly Bill No. 528–Committee on Labor and Management

CHAPTER 322

AN ACT relating to industrial insurance; changing the name of the state industrial claimants’ attorney; revising provisions regarding the processing of contested claims by hearing officers; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.182 is hereby amended to read as follows:

      616.182  1.  Except as otherwise provided in this section, the department of industrial relations shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the department’s regulations.

      2.  The commissioner of insurance is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers pursuant to NRS 616.291 to 616.298, inclusive, 616.337 and 616.338.

      3.  The department of administration is responsible for administrative appeals relating to workers’ compensation pursuant to NRS 616.541 to 616.544, inclusive. The system is responsible for administrative appeals pursuant to NRS 616.392.

      4.  The [state industrial claimants’] Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.

      Sec. 2.  NRS 616.193 is hereby amended to read as follows:

      616.193  1.  The insurer must provide access to the files of claims in its offices.

      2.  A file is available for inspection during regular business hours by the employee or his designated agent, the employer or his designated agent and the administrator or his designated agent.

      3.  Upon request, the insurer must make copies of anything in the file and may charge a reasonable fee for this service. Copies of materials in the file which are requested by the administrator or his designated agent, or the [state industrial claimants’] Nevada attorney for injured workers or his designated agent must be provided free of charge.

      4.  Until a claim is closed the file must be kept in the office nearest to the place where the injury occurred.

      5.  If a claim has been closed for at least 1 year, the insurer may microphotograph or film any of its records relating to that claim. The microphotographs or films must be placed in convenient and accessible files, and provision must be made for preserving, examining and using the records.


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ê1991 Statutes of Nevada, Page 832 (Chapter 322, AB 528)ê

 

microphotographs or films must be placed in convenient and accessible files, and provision must be made for preserving, examining and using the records.

      6.  Nothing in this section requires the insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred.

      Sec. 3.  NRS 616.2235 is hereby amended to read as follows:

      616.2235  1.  Except as otherwise provided in subsection 2, each self-insured employer and other employer covered under the provisions of NRS 616.255 and 616.256 shall compensate the system, the office of the [state industrial claimants’] Nevada attorney for injured workers or the hearings division of the department of administration, as appropriate, for all services which the system, the occupational safety and health review board, the [state industrial claimants’ attorney,] Nevada attorney for injured workers, the hearing officers and the appeals officers provide to those employers if the rate is established by a regulation of the system. The cost of any service for which a rate is not established by regulation must be negotiated by the employer and the system, the [state industrial claimants’] Nevada attorney for injured workers or the division, as appropriate, before the employer is charged for the service.

      2.  All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the system, the office of the [state industrial claimants’ attorney,] Nevada attorney for injured workers, the division or other employers.

      Sec. 4.  NRS 616.226 is hereby amended to read as follows:

      616.226  [Hearing officers, appeals] 1.  Appeals officers, the administrator and the manager, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations adopted under this chapter may:

      [1.] (a) Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.

      [2.] (b) Administer oaths.

      [3.] (c) Certify to official acts.

      [4.] (d) Call and examine under oath any witness or party to a claim.

      [5.] (e) Maintain order.

      [6.] (f) Rule upon all questions arising during the course of a hearing or proceeding.

      [7.] (g) Permit discovery by deposition or interrogatories.

      [8.] (h) Initiate and hold conferences for the settlement or simplification of issues.

      [9.] (i) Dispose of procedural requests or similar matters.

      [10.] (j) Generally regulate and guide the course of a pending hearing or proceeding.

      2.  Hearing officers in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations adopted under this chapter may:

      (a) Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding are being held.

      (b) Maintain order.

      (c) Permit discovery by deposition or interrogatories.


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ê1991 Statutes of Nevada, Page 833 (Chapter 322, AB 528)ê

 

      (d) Initiate and hold conferences for the settlement or simplification of issues.

      (e) Dispose of procedural requests or similar matters.

      (f) Generally regulate and guide the course of a pending hearing or proceeding.

      Sec. 5.  NRS 616.253 is hereby amended to read as follows:

      616.253  1.  The office of [state industrial claimants’] the Nevada attorney for injured workers is hereby created. The governor shall appoint the [state industrial claimants’] Nevada attorney for injured workers for a term of 4 years.

      2.  The [state industrial claimants’ attorney:] Nevada attorney for injured workers:

      (a) Must be an attorney licensed to practice law in this state.

      (b) Is in the unclassified service of the state.

      (c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.

      3.  The duties of the [state industrial claimants’] Nevada attorney for injured workers are limited to those prescribed by NRS 616.2537 and 616.2539.

      Sec. 6.  NRS 616.2531 is hereby amended to read as follows:

      616.2531  1.  The [state industrial claimants’] Nevada attorney for injured workers may employ:

      (a) A deputy [state industrial claimants’] Nevada attorney for injured workers who is in the unclassified service of the state.

      (b) Clerical and other necessary staff who are in the classified service of the state.

      2.  The deputy must be an attorney licensed to practice law in this state and, except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.

      Sec. 7.  NRS 616.2533 is hereby amended to read as follows:

      616.2533  1.  The [state industrial claimants’] Nevada attorney for injured workers shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada.

      2.  The [state industrial claimants’] Nevada attorney for injured workers shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies.

      Sec. 8.  NRS 616.2535 is hereby amended to read as follows:

      616.2535  1.  Any claimant may request the appointment of the [state industrial claimants’] Nevada attorney for injured workers to represent him. The request must be made in writing.

      2.  The appeals officer or administrator, as the case may be, shall consider each request within a reasonable time and shall make any inquiry as he deems necessary. If he finds that the claimant would be better served by legal representation in the case, he shall appoint the [state industrial claimants’] Nevada attorney for injured workers to represent the claimant. Once the [state industrial claimants’] Nevada attorney for injured workers has been appointed to represent a claimant, the [state industrial claimants’] Nevada attorney for injured workers is authorized to represent the claimant at any level of proceedings if, in the opinion of the [state industrial claimants’ attorney,] Nevada attorney for injured workers, the representation is necessary.


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ê1991 Statutes of Nevada, Page 834 (Chapter 322, AB 528)ê

 

injured workers is authorized to represent the claimant at any level of proceedings if, in the opinion of the [state industrial claimants’ attorney,] Nevada attorney for injured workers, the representation is necessary.

      Sec. 9.  NRS 616.2537 is hereby amended to read as follows:

      616.2537  1.  The [state industrial claimants’] Nevada attorney for injured workers shall, when appointed by an appeals officer or the administrator, represent without charge a claimant before the appeals officer, administrator, district court or supreme court. In addition, the [state industrial claimants’] Nevada attorney for injured workers may give advice regarding a claimant’s rights before a hearing officer and the procedure for enforcing those rights.

      2.  When representing a claimant, the [state industrial claimants’] Nevada attorney for injured workers shall:

      (a) Advise the claimant and present his case to the appeals officer or administrator; and

      (b) Present in the district court or supreme court an appeal from the decision of the appeals officer or administrator if, in the opinion of the [state industrial claimants’ attorney,] Nevada attorney for injured workers, the appeal is merited.

      Sec. 10.  NRS 616.2539 is hereby amended to read as follows:

      616.2539  1.  The provisions of NRS 616.253 to 616.2539, inclusive, do not prevent any claimant from engaging private counsel at any time, but the employment of private counsel relieves the [state industrial claimants’] Nevada attorney for injured workers from further presentation of the claimant’s case. Any claimant who uses the services of the [state industrial claimants’] Nevada attorney for injured workers and who also retains private counsel shall reimburse the department for the reasonable cost of the services of the [state industrial claimants’ attorney.] Nevada attorney for injured workers.

      2.  The [state industrial claimants’] Nevada attorney for injured workers shall submit a report to the governor containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his office.

      Sec. 11.  NRS 616.5412 is hereby amended to read as follows:

      616.5412  1.  Any person who is subject to the jurisdiction of the hearing officers under this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within his authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.

      2.  A person who is aggrieved by [a decision] :

      (a) A determination of an insurer ; or

      (b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,

may appeal from the [decision] determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must be filed with 60 days after the date on which the notice of its [decision] determination was mailed by the insurer [.] or the unanswered written request was mailed to the insurer, as applicable.


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ê1991 Statutes of Nevada, Page 835 (Chapter 322, AB 528)ê

 

mailed to the insurer, as applicable. Except as otherwise provided in subsection 7 of NRS 616.500, the failure of an insurer to respond to a written request shall be deemed by the hearing officer to be a denial of the request.

      3.  Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the person aggrieved shows by a preponderance of the evidence that he did not receive the notice of the [decision] determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.

      4.  The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.

      Sec. 12.  NRS 616.5416 is hereby amended to read as follows:

      616.5416  1.  The hearing officer shall:

      (a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request; and

      (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled.

      2.  If necessary to resolve a medical question concerning an injured employee’s condition, the hearing officer may refer the employee to a physician or chiropractor chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a physician or chiropractor designated by the administrator. The insurer shall pay the costs of any medical examination requested by the hearing officer.

      3.  The hearing officer shall [prepare written findings of facts and] render his decision within 15 days after:

      (a) The hearing; or

      (b) He receives a copy of the report from the medical examination he requested.

      4.  The hearing officer shall give notice of his decision to each party by mail. He must include with the notice of his decision the necessary forms for appealing from the decision.

      5.  The decision of the hearing officer is not stayed if an appeal from that decision is taken unless a stay is granted by the hearing officer or an appeals officer within 30 days after the date on which the decision was rendered.

      Sec. 13.  This act becomes effective upon passage and approval.

      Sec. 14.  In preparing the reprint of the Nevada Revised Statutes, the legislative counsel shall change any reference to the “state industrial claimants’ attorney” to refer to the “Nevada attorney for injured workers” in any section which is not amended by this act or is further amended by another act.

 

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ê1991 Statutes of Nevada, Page 836ê

 

CHAPTER 323, SB 226

Senate Bill No. 226–Senators Rawson, O’Connell and Raggio

CHAPTER 323

AN ACT relating to motor vehicles; establishing as an aggravating factor in determining the sentence of a person convicted of driving a motor vehicle while under the influence of intoxicating liquor or a controlled substance, the fact that a child was a passenger at the time of the violation; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.3792 is hereby amended to read as follows:

      484.3792  1.  Any person who violates the provisions of NRS 484.379:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:

             (1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and

             (3) Fine him not less than $200 nor more than $1,000.

The teacher of the educational course shall evaluate the offender and, if he finds the offender is an abuser of alcohol or controlled substances, he shall promptly report his findings to the court for its use.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall sentence him to imprisonment for not less than 10 days nor more than 6 months in jail and fine him not less than $500 nor more than $1,000.

      (c) For a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender 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.

      2.  Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.


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ê1991 Statutes of Nevada, Page 837 (Chapter 323, SB 226)ê

 

      3.  No person convicted of violating the provisions of NRS 484.379 may be released on probation, and no sentence imposed for violating those provisions may be suspended except, as provided in NRS 4.373, 5.055 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. No prosecuting attorney may dismiss a charge of violating the provisions of NRS 484.379 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.

      4.  Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served with 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      5.  Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.

      6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

      (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

      (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,

and the court shall notify the department if the person fails to complete the assigned course within the specified time.

      7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      8.  As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same or similar conduct.

      Sec. 2.  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.


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

ê1991 Statutes of Nevada, Page 838 (Chapter 323, SB 226)ê

 

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. 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.

      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, 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.

      4.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 3.  This act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 324, SB 120

Senate Bill No. 120–Committee on Transportation

CHAPTER 324

AN ACT relating to traffic laws; prohibiting the possession of an open container of an alcoholic beverage in a motor vehicle; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.448 is hereby amended to read as follows:

      484.448  1.  It is unlawful for [any] a person to drink [any intoxicating liquor in a motor vehicle while such person is driving such] an alcoholic beverage while he is driving or in actual physical control of a motor vehicle upon a highway.


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

ê1991 Statutes of Nevada, Page 839 (Chapter 324, SB 120)ê

 

beverage while he is driving or in actual physical control of a motor vehicle upon a highway.

      2.  Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.

      3.  As used in this section:

      (a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

      (b) “Open container” means a container which has been opened or the seal of which has been broken.

      (c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

 

________

 

 

CHAPTER 325, AB 392

Assembly Bill No. 392–Assemblymen Krenzer, Wong, Scherer, Heller, Anderson, Freeman, McGaughey, Elliott, Lambert, Bergevin, Johnson, Spitler, Giunchigliani, Myrna Williams, Porter, Callister, Gregory, Bennett, Petrak, Little, Gibbons, Arberry, Norton, Carpenter, McGinness, Pettyjohn, Bache, Humke, Haller, Evans, Marvel, Stout, Garner and Spriggs

CHAPTER 325

AN ACT relating to industrial insurance; requiring the board of directors of the state industrial insurance system to develop and cause to be carried out standards of performance to improve the service and efficiency of the system; requiring the board to contract with an independent management consultant concerning efficiency in processing claims and bills; requiring the board to report the results of the actions taken pursuant to this bill to the 67th session of the Nevada Legislature; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The board of directors of the state industrial insurance system shall, on or before October 1, 1992, develop and cause to be carried out standards of performance to improve the service and efficiency of the system.

      2.  In developing the standards of performance required by subsection 1, the board shall require each department or other separate entity within the system to establish a mission statement, including appropriate goals and objectives. The objectives must be based on a measurable outcome and provide a means to evaluate the performance of the entity.

      3.  In addition to the requirements of subsections 1 and 2, the board shall contract with an independent management consulting firm to examine the procedures of the system for processing claims and bills and prepare recommendations concerning methods to increase the efficiency and decrease the response time of the system.


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

ê1991 Statutes of Nevada, Page 840 (Chapter 325, AB 392)ê

 

response time of the system. The report of the consultant must be presented to the manager of the system for review and implementation. The consulting firm must be selected through a process of competitive bidding.

      4.  On or before January 1, 1993, the board shall submit a report concerning the effects of the actions taken pursuant to subsections 1, 2 and 3 on the service and efficiency of the system to the interim finance committee and any statutory committee of the legislature established to consider matters relating to industrial insurance, for their review and for distribution to the 67th session of the Nevada Legislature.

 

________

 

 

CHAPTER 326, SB 124

Senate Bill No. 124–Senators Smith and Getto

CHAPTER 326

AN ACT relating to the Colorado River commission; clarifying and expanding its duties; and providing other matters properly relating thereto.

 

[Approved June 11, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 538.161 is hereby amended to read as follows:

      538.161  The commission shall:

      1.  Collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to this state.

      2.  Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of facilities for the generation or transmission of electricity, both within and outside Nevada, for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information. The commission may contract for the supply of electric energy to any corporation or cooperative created under the laws of this state that is being operated principally for service to Nevada [citizens] residents and may be serving incidental energy to [citizens] residents of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.

      3.  Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.

      4.  Render the friendly cooperation of the State of Nevada to constructive enterprises concerned with the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.


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ê1991 Statutes of Nevada, Page 841 (Chapter 326, SB 124)ê

 

      5.  Render friendly cooperation to industries located in other states, negotiate with them and invite them to locate within Nevada.

      6.  Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.

      7.  Make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. The agreements, compacts or treaties are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.

      8.  Represent the State of Nevada in consultations with other states, the United States, foreign countries and nongovernmental persons, and negotiate, make and enter into agreements between the State of Nevada and those entities, either jointly or severally, concerning the:

      (a) Interstate or international transfer of water to supplement the supply of water in the Colorado River which is available for use in this state;

      (b) Augmentation of the waters of the Colorado River and its tributaries through the modification of the weather and the use of such other measures as are appropriate, and the control of the salinity of those waters; and

      (c) Operation of federal dams and other facilities on the Colorado River and its tributaries.

      9.  Report to the governor such measures and legislative action as it deems necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.

      [9.] 10.  Cooperate with other states or federal agencies to establish, conduct and maintain power, water and irrigation projects.

 

________


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ê1991 Statutes of Nevada, Page 842ê

 

CHAPTER 327, AB 271

Assembly Bill No. 271–Assemblymen Goetting, Price, McGaughey, Porter, Scherer, Anderson, Humke, Pettyjohn, Evans, Haller, McGinness, Spitler, Giunchigliani, Wendell Williams, Little, Elliott, Carpenter, Bennett, Petrak, Stout, Krenzer, Kerns, Marvel, Gibbons, Wong, Johnson, Bache, Callister, Hardy, Gregory, Arberry and Heller

CHAPTER 327

AN ACT relating to hazardous waste; establishing fees for the disposal of hazardous waste; authorizing the expenditure of the resulting revenue; requiring the development of a program for the minimization, recycling and reuse of hazardous waste; and providing other matters properly relating thereto.

 

[Approved June 12, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The owner or operator of a facility for the management of hazardous waste shall, in addition to any other applicable fees, pay to the department to offset partially the cost incurred by the state fire marshal for training emergency personnel who respond to the scene of accidents involving hazardous materials a fee of $4.50 per ton of the volume received for the disposal of hazardous waste by the facility.

      2.  The owner or operator of a facility for the management of hazardous waste shall, in addition to any other applicable fees, pay to the department to offset partially the cost incurred by the public service commission of Nevada for inspecting and otherwise ensuring the safety of any shipment of hazardous materials transported by rail car through or within this state a fee of $1.50 per ton of the volume received for the disposal of hazardous waste by the facility.

      3.  The operator of such a facility shall pay the fees provided in this section, based upon the volume of hazardous waste received by the facility during each quarter of the calendar year, within 30 days after the end of each quarter. The department may assess and collect a penalty of 2 percent of the unpaid balance for each month, or portion thereof, that the fee remains due.

      Sec. 2.  NRS 459.405 is hereby amended to read as follows:

      459.405  As used in NRS 459.400 to 459.600, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 459.485 is hereby amended to read as follows:

      459.485  The commission shall:

      1.  Adopt regulations governing systems of hazardous waste management, including the plan for management of hazardous waste in the entire state; and

      2.  Through the department:

      (a) Advise, consult and cooperate with other agencies of the state, other states, the Federal Government, municipalities and other persons on matters relating to formulation of plans for managing hazardous waste.

      (b) Develop a plan for management of hazardous waste in the entire state.


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

ê1991 Statutes of Nevada, Page 843 (Chapter 327, AB 271)ê

 

      (c) Develop a program to encourage the minimization of hazardous waste and the recycling or reuse of hazardous waste by persons who generate hazardous waste within Nevada. The program may include grants or other financial incentives.

      Sec. 4.  NRS 459.510 is hereby amended to read as follows:

      459.510  The commission may establish by regulation:

      1.  License fees and any other fees for the use of state-owned disposal areas for hazardous wastes, in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of hazardous wastes. The fee for use of a disposal area must not be less than 25 cents per cubic foot of material placed in the area. The person who contracts with the state for the use of a disposal area is responsible for the payment of these fees. The commission may authorize the department to waive all or part of the fees collected pursuant to this section for wastes generated:

      (a) By agencies of the State of Nevada.

      (b) In compliance with an order by the department to clean up a spill or deposit.

      2.  Procedures for the collection of interest on delinquent fees and other accounts for the use of disposal areas.

      3.  Penalties of no more than $3,000 per day for each separate failure to comply with a license or agreement or $25,000 for any 30-day period for all failures to comply.

      Sec. 5.  NRS 459.530 is hereby amended to read as follows:

      459.530  1.  All proceeds from agreements entered into pursuant to NRS 459.505, all reimbursements and penalties recovered pursuant to NRS 459.535, and all fees collected, all civil penalties imposed and all interest accrued pursuant to NRS 459.400 to 459.600, inclusive, must be deposited with the state treasurer for credit to the fund for the management of hazardous waste, which is hereby created as a special revenue fund. The money in the fund must be paid as other claims against the state are paid.

      2.  The state treasurer shall account separately for each of the fees collected pursuant to section 1 of this act.

      Sec. 6.  NRS 459.535 is hereby amended to read as follows:

      459.535  1.  Except as otherwise provided in subsections 2 and 3, the money in the fund for the management of hazardous waste may be expended only to pay the costs of [the] :

      (a) The continuing observation or other management of hazardous waste [and to establish and maintain] ;

      (b) Establishing and maintaining a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance [.] ;

      (c) Training persons to respond to accidents or other emergencies related to hazardous materials, including any basic training by the state fire marshal which is necessary to prepare personnel for advanced training related to hazardous materials;


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ê1991 Statutes of Nevada, Page 844 (Chapter 327, AB 271)ê

 

      (d) Establishing and maintaining a program by the public service commission of Nevada to inspect and otherwise ensure the safety of any shipment of hazardous materials transported by rail car through or within the state; and

      (e) Financial incentives and grants made in furtherance of the program developed pursuant to subsection 3 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.

      2.  Money in the fund for the management of hazardous waste may be expended to provide matching money required as a condition of any federal grant for the purposes of NRS 459.800 to 459.856, inclusive.

      3.  If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the fund may be expended to pay the costs of:

      (a) Responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

      (b) Coordinating the efforts of state, local and federal agencies responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

      (c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;

      (d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

      (e) Services rendered in response to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, by consultants certified pursuant to regulations adopted by the commission.

      4.  The director shall demand reimbursement of the fund for money expended pursuant to subsection 3 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. The director shall impose an administrative penalty of not more than 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.

      5.  At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.

      Sec. 7.  1.  Expenditure of $485,000 by the state fire marshal from the revenue derived from the fee imposed by subsection 1 of section 1 of this act is hereby authorized during each of the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.

      2.  Expenditure of $145,500 by the public service commission of Nevada from the revenue derived from the fee imposed by subsection 2 of section 1 of this act is hereby authorized during each of the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.


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ê1991 Statutes of Nevada, Page 845 (Chapter 327, AB 271)ê

 

1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.

      3.  The money authorized to be expended by the provisions of subsections 1 and 2 must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 8.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 328, AB 384

Assembly Bill No. 384–Committee on Ways and Means

CHAPTER 328

AN ACT making an appropriation to the legislative counsel bureau for the cost of remodeling the office building for legislative staff when the current tenant vacates the premises; and providing other matters properly relating thereto.

 

[Approved June 12, 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 legislative counsel bureau the sum of $100,000 for the cost of remodeling the office building for legislative staff when the current tenant vacates the premises.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________


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ê1991 Statutes of Nevada, Page 846ê

 

CHAPTER 329, AB 450

Assembly Bill No. 450–Committee on Commerce

CHAPTER 329

AN ACT relating to mobile home parks; authorizing the administrator of the manufactured housing division of the department of commerce to impose fines for violations of laws concerning mobile home parks; and providing other matters properly relating thereto.

 

[Approved June 12, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The administrator may impose a fine of not more than $1,000 against any person who violates any of the provisions of this chapter.

      2.  The administrator shall, before imposing the fine, notify the person by certified mail that he will impose a fine for the violation unless the person requests a hearing within 20 days after the notice is mailed.

      3.  If a hearing is requested, the administrator shall hold a hearing pursuant to the provisions of NRS 233B.121 to 233B.150, inclusive.

      4.  If a hearing is not requested within the prescribed period and the matter is not otherwise resolved, the administrator shall impose the fine and notify the person by certified mail.

      5.  The decision of the administrator to impose a fine pursuant to this section is a final decision for the purposes of judicial review.

      Sec. 2.  NRS 118B.026 is hereby amended to read as follows:

      118B.026  1.  The administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto, investigate the alleged violation.

      2.  [Whenever] If the administrator finds a violation of the provisions of this chapter or of any regulation adopted pursuant thereto, he may issue a notice of violation to the person who he alleges has violated the provision. The notice of violation must set forth the violation which the administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken.

      3.  If the person to whom a notice of violation is directed fails to take the corrective action required, the administrator may:

      (a) Extend the time for corrective action;

      (b) Request the district attorney of the county in which the violation is alleged to have occurred to prepare a complaint and procure the issuance of a summons to the person for the violation; or

      (c) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance. In an action brought [under] pursuant to this section, the court may award costs and reasonable attorney’s fees to the prevailing party.

The administrator may, in addition to or in lieu of any action authorized by paragraph (a), (b) or (c), impose a fine pursuant to section 1 of this act.


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ê1991 Statutes of Nevada, Page 847 (Chapter 329, AB 450)ê

 

      4.  Any person who violates a provision of this chapter, or a regulation adopted pursuant thereto, shall pay for the cost incurred by the division in enforcing the provision.

      Sec. 3.  NRS 118B.230 is hereby amended to read as follows:

      118B.230  If a landlord unlawfully terminates a tenancy, the provisions of NRS 118B.260 and section 1 of this act apply.

 

________

 

 

CHAPTER 330, AB 715

Assembly Bill No. 715–Assemblyman Bache (by request)

CHAPTER 330

AN ACT relating to youthful offenders; restricting the expenditure of money appropriated to counties for special supervision programs; and providing other matters properly relating thereto.

 

[Approved June 12, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any money appropriated to a county for any fiscal year for special supervision programs pursuant to NRS 213.240 which represents an increase over the amount appropriated to the county pursuant to that section for the fiscal year ending June 30, 1991, must not be used to offset the salaries of governmental employees but may be used only for the purchase of goods, property or services necessary to carry out the purposes of NRS 213.220 to 213.290, inclusive.

      Sec. 2.  NRS 213.230 is hereby amended to read as follows:

      213.230  As used in NRS 213.220 to 213.290, inclusive [;] , and section 1 of this act:

      1.  “Department” means the department of human resources.

      2.  “Juvenile court” means the juvenile court of any judicial district.

      3.  “Special supervision program” means a probation program meeting the standards prescribed pursuant to NRS 213.220 to 213.290, inclusive, for the rehabilitation of offenders who were less than 18 years of age at the time of violating any state law, which [does include:] includes:

      (a) A degree of supervision substantially above the usual; and

      (b) The use of new techniques rather than routine supervision techniques.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________


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ê1991 Statutes of Nevada, Page 848ê

 

CHAPTER 331, AB 744

Assembly Bill No. 744–Committee on Ways and Means

CHAPTER 331

AN ACT relating to vital statistics; revising the provisions governing the fees for services and copies of records concerning vital statistics; and providing other matters properly relating thereto.

 

[Approved June 12, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 440.175 is hereby amended to read as follows:

      440.175  1.  Upon request, the state registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the board.

      2.  No person may prepare or issue any document which purports to be an original, certified copy or official copy of:

      (a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the board.

      (b) A certificate of marriage, except a county recorder or a person so required pursuant to NRS 122.120.

      (c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.

      3.  A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall remit to the state registrar [$2 for] :

      (a) For each registration of a birth or death in its district [.] , $2.

      (b) For each copy issued of a certificate of birth in its district, $5.

      Sec. 2.  NRS 440.700 is hereby amended to read as follows:

      440.700  1.  The [board may set reasonable fees for searches of records, copies of certificates and other services performed by the state registrar.] state registrar shall charge and collect the following fees:

 

For searching the files for one name, if no copy is made...............       $4

For verifying a vital record.................................................................         4

For a certified copy of a record of birth............................................       11

For a certified copy of a record of death..........................................         8

For correcting a record on file with the state registrar and providing a certified copy of the corrected record......................................................       13

For replacing a record on file with the state registrar and providing a certified copy of the new record................................................................       13

For filing a delayed certificate of birth and providing a certified copy of the certificate.......................................................................................       13

For the services of a notary public, provided by the state registrar        1

For an index of marriage certificates provided on microfiche to a person other than a county recorder of a county of this state..................... 200 For an index of divorce certificates provided on microfiche to a person other than a county recorder of a county in this state  ....................................................................... $100

 


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ê1991 Statutes of Nevada, Page 849 (Chapter 331, AB 744)ê

 

For an index of divorce certificates provided on microfiche to a person other than a county recorder of a county in this state..................... $100

      2.  The fee collected for furnishing a copy of a certificate of birth or death must include the sum of [$2] $3 for credit to the children’s trust account.

      3.  Upon the request of any parent or guardian, the state registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the [same] certificate is necessary for admission to school or for securing employment.

      4.  The United States Bureau of the Census may obtain, without expense to the state, transcripts or certified copies of births and deaths without payment of a fee.

      Sec. 3.  Section 6 of chapter 39, Statutes of Nevada 1991, is hereby amended to read as follows:

       Sec. 6.  NRS 440.175 is hereby amended to read as follows:

       440.175  1.  Upon request, the state registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the board.

       2.  No person may prepare or issue any document which purports to be an original, certificate copy , certified abstract or official copy of:

       (a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the board.

       (b) A certificate of marriage, except a county recorder or a person so required pursuant to NRS 122.120.

       (c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.

       3.  A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall remit to the state registrar:

       (a) For each registration of a birth or death in its district, $2.

       (b) For each copy issued of a certificate of birth in its district, $5.

      Sec. 4.  This act becomes effective on July 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 850ê

 

CHAPTER 332, SB 101

Senate Bill No. 101–Committee on Judiciary

CHAPTER 332

AN ACT relating to the department of prisons; authorizing the director of the department to use money in the fund for destitute prisoners to pay stipends to destitute offenders; and providing other matters properly relating thereto.

 

[Approved June 12, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 209.383 is hereby amended to read as follows:

      209.383  1.  The director may suspend or terminate operations and obligations or renegotiate the terms of any contract concerning the sale or donation by offenders of blood or blood plasma. Before suspending or terminating operations and obligations or renegotiating the terms of an agreement pursuant to this subsection, the director must obtain the approval of:

      (a) The legislature, by concurrent resolution, when the legislature is in regular or special session; or

      (b) The interim finance committee, when the legislature is not in regular or special session.

      2.  A contract concerning the sale or donation by offenders of blood or blood plasma entered into or renegotiated by the director must:

      (a) Have a definite term; and

      (b) Be subject to an absolute right on the part of the director to suspend or terminate operations and obligations or renegotiate the terms of the contract. The director must consider the expenses of administration and the profits to be derived by the state before entering into or renegotiating a contract pursuant to this subsection.

      3.  All revenue from a program for the sale by offenders of blood or blood plasma in excess of the cost of the program must be placed in the fund for destitute prisoners which is hereby created. The interest and income earned on money in the fund, after deducting any applicable charges, must be credited to the fund. Money in the fund may only be withdrawn by [act of the legislature.] :

      (a) The director to pay monthly stipends to destitute offenders;

      (b) The legislature, by concurrent resolution, when the legislature is in regular or special session; and

      (c) The interim finance committee, when the legislature is not in regular or special session.

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

 

________


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

ê1991 Statutes of Nevada, Page 851ê

 

CHAPTER 333, SB 317

Senate Bill No. 317–Committee on Finance

CHAPTER 333

AN ACT making a supplemental appropriation to the state department of conservation and natural resources for anticipated increases in expenses; and providing other matters properly relating thereto.

 

[Approved June 12, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the state department of conservation and natural resources the sum of $321,737 to be allocated as follows:

      (a) For additional utility costs for the division of state parks to operate state park facilities the sum of $51,997;

      (b) For an anticipated shortfall from the federal land and water conservation fund which is used to support planning and development of state parks the sum of $202,755;

      (c) For increased expenses of operating the forestry honor camps because of increases in the inmate population the sum of $66,546; and

      (d) For increased expenses relating to personnel in park administration to address a stale claim for retroactive pay caused by a reclassification the sum of $439.

      2.  The appropriation made by subsection 1 is supplemental to that made by section 37 of chapter 611, Statutes of Nevada 1989, at page 1354.

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

 

________

 

 

CHAPTER 334, AB 76

Assembly Bill No. 76–Committee on Natural Resources, Agriculture and Mining

CHAPTER 334

AN ACT relating to watercraft; authorizing a peace officer to take corrective action against a person who is operating a vessel in an unsafe condition; prohibiting the reckless operation of personal watercraft; prohibiting the operation of certain vessels by a person under a certain age; requiring the display of a diver’s flag under certain circumstances; increasing the safety requirements for operating vessels towing persons; clarifying the prohibition against obstructing a passageway ordinarily used by other vessels; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 13, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.


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

ê1991 Statutes of Nevada, Page 852 (Chapter 334, AB 76)ê

 

      Sec. 2.  1.  A game warden, sheriff or other peace officer of this state or any of its political subdivisions who observes a vessel being operated in an unsafe condition may direct the operator of the vessel to take immediate steps to correct the condition. If the condition cannot be corrected immediately and constitutes an immediate risk of bodily injury or damage to property, the peace officer may order the operator to remove the vessel to port or the nearest safe moorage.

      2.  For the purposes of this section, a vessel is being operated in an unsafe condition if it:

      (a) Is overloaded beyond the manufacturer’s recommended safe loading capacity;

      (b) Has an insufficient number of personal flotation devices approved by the United States Coast Guard;

      (c) Has no fire extinguisher as required by NRS 488.193;

      (d) Fails to display the proper navigational lights between sunset and sunrise;

      (e) Is leaking fuel or has fuel in the bilges;

      (f) Is improperly ventilated;

      (g) Has an improper device for controlling backfire flame; or

      (h) Is being operated in extremely adverse conditions.

      3.  An operator who refuses to take immediate steps to correct the condition or fails to comply with the directions of the peace office shall be punished:

      (a) If no injury results, for a misdemeanor;

      (b) If bodily injury or damage to property in excess of $200 results, for a gross misdemeanor; or

      (c) If the death of another person results, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 3.  1.  A person shall not operate or authorize another person to operate a personal watercraft under his ownership or control:

      (a) In a reckless or negligent manner so as to endanger the life or property of another person.

      (b) Unless the operator is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the commission.

      (c) Unless the operator is at least 12 years of age.

      2.  There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:

      (a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.

      (b) Operates the personal watercraft in the vicinity of a motorboat in a manner that obstructs the visibility of either operator.

      (c) Heads into the wake of a motorboat which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.


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

ê1991 Statutes of Nevada, Page 853 (Chapter 334, AB 76)ê

 

      (d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.

      3.  As used in this section, “personal watercraft” means a class A motorboat which:

      (a) Is less than 13 feet in length;

      (b) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the motorboat;

      (c) Is capable of performing sharp terms or quick maneuvers; and

      (d) Has a motor that exceeds 10 horsepower.

      Sec. 4.  1.  A person shall display a diver’s flag when diving or swimming below the water’s surface with the aid of a breathing device. The diver’s flag must be:

      (a) At least 12 inches in height by 12 inches in width with a red background and a white diagonal stripe that is one-fifth the width of the flag;

      (b) Attached to a float, buoy or boat which is visible to approaching vessels and which, between sunset and sunrise, has a light attached; and

      (c) Prominently displayed within 100 feet of the location of the diver or swimmer.

      2.  A person shall not display a diver’s flag on the waters of this state unless he is diving or swimming below the water’s surface with the aid of a breathing device, in the vicinity of the diver’s flag.

      3.  A person shall not operate a vessel within 200 feet of a diver’s flag unless the vessel is operated at a speed that leaves a flat wake, but in no case may the vessel be operated at a speed greater than 5 nautical miles per hour.

      Sec. 5.  NRS 488.035 is hereby amended to read as follows:

      488.035  As used in this chapter, unless the context otherwise requires:

      1.  “Commission” means the board of wildlife commissioners.

      2.  “Flat wake” means the condition of the water close astern a moving vessel that results in a flat wave disturbance.

      3.  “Legal owner” means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.

      [3.] 4.  “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.

      [4.] 5.  “Operate” means to navigate or otherwise use a motorboat or a vessel.

      [5.] 6.  “Owner” means:

      (a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he lends, rents or pledges the vessel; and

      (b) A debtor under a security agreement relating to a vessel.

“Owner” does not include a person defined as a “legal owner” under subsection 2.


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ê1991 Statutes of Nevada, Page 854 (Chapter 334, AB 76)ê

 

      [6.] 7.  “Registered owner” means the person registered by the commission as the owner of a vessel.

      [7.] 8.  “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

      [8.] 9.  “Waters of this state” means any waters within the territorial limits of this state.

      Sec. 6.  NRS 488.187 is hereby amended to read as follows:

      488.187  1.  Every motorboat in all weathers from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C., must carry and exhibit the following lights when underway, and during that time other lights which may be mistaken for those prescribed must not be exhibited:

      (a) Every motorboat of classes A and 1 must carry the following lights:

             (1) A bright white light aft to show all around the horizon.

             (2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.

      (b) Every motorboat of classes 2 and 3 must carry the following lights:

             (1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel , [; namely,] from right ahead to 2 points abaft the beam on either side.

             (2) A bright white light aft to show 12 points.

             (3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights must be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

      (c) Vessels of classes A and 1 when propelled by sail alone must carry the combined lantern in the forepart of the vessel and a white 12-point stern light. Vessels of classes 2 and 3, when so propelled, must carry the colored side lights, fitted so as to prevent these lights from being seen across the bow and a white 12-point stern light.

      2.  Every white light prescribed by this section must be visible at a distance of at least 2 miles. Every colored light prescribed by this section must be visible at a distance of at least 1 mile. [The word “visible” in this subsection, when applied to lights,] As used in this subsection, “visible” means visible on a dark night with clear atmosphere.

      3.  When propelled by sail and machinery a vessel must carry the lights required by this section for a motorboat propelled by machinery only.

      4.  Manually propelled vessels of classes A and 1 must have ready at hand an electric torch or lighted lantern showing a white light which must be exhibited in sufficient time to prevent a collision.


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

ê1991 Statutes of Nevada, Page 855 (Chapter 334, AB 76)ê

 

      5.  Any vessel may carry and exhibit the lights required by the Inland Navigational Rules , 34 U.S.C. §§ 2001 et seq., in lieu of the lights required by this section.

      6.  Every vessel, whether propelled by sail or machinery, when anchored or moored between sunset and sunrise where other vessels may navigate must display a white light clearly visible in all directions.

      7.  Except as otherwise provided in this subsection, it is unlawful for a person to display a flashing blue light or a flashing red light on a vessel operating on the waters of this state. A vessel of the United States, the state or its political subdivisions or a bordering state under interstate compact may display a flashing blue light when operated by a peace officer engaged in law enforcement activities. A peace officer shall seize, or cause to be seized, a flashing red or blue light installed or operated in violation of this subsection.

      Sec. 7.  NRS 488.193 is hereby amended to read as follows:

      488.193  1.  Except for a contrivance, propelled by a sail, whose occupant must stand erect, every vessel must carry at least one [life preserver, life belt, ring buoy, buoyant vest or buoyant cushion] personal flotation device of a type approved by the United States Coast Guard [or other device of the sort] and prescribed by the regulations of the commission for each person on board and any person in a vessel being towed, so placed as to be readily accessible [.] for use in an emergency. Every vessel carrying passengers for hire must carry so placed as to be readily accessible for use in an emergency at least one [life preserver] personal flotation device of the sort prescribed by the regulations of the commission for each person on board.

      2.  Every motorboat must be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission. The fire extinguishers must be of a marine type which has been approved by the United States Coast Guard and kept in condition for immediate and effective use and so placed as to be readily accessible.

      3.  Every motorboat must have the carburetor of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the commission.

      4.  Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, must be provided with such means as may be prescribed by the regulations of the commission for property and efficiently ventilating the bilges of the engine and compartments for tanks of fuel to remove any explosive or flammable gases.

      5.  The commission may adopt regulations modifying the requirements for equipment contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the rules for navigation adopted by the United States Coast Guard.

      Sec. 8.  NRS 488.198 is hereby amended to read as follows:

      488.198  1.  Every motorboat of class 1, 2 or 3 [shall be provided] must be equipped with an efficient whistle or other [sound-producing] mechanical appliance [.] that produces sound.


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

ê1991 Statutes of Nevada, Page 856 (Chapter 334, AB 76)ê

 

      2.  Every motorboat of class 2 or 3 [shall be provided] must be equipped with an efficient bell.

      3.  The provisions of this section do not apply to motorboats while competing in any race conducted pursuant to NRS 488.305 or, if the boats are designed and intended solely for racing, while engaged in navigation incidental to the tuning up of the boats and engines for a race.

      Sec. 9.  NRS 488.235 is hereby amended to read as follows:

      488.235  1.  A person shall not operate a vessel on any waters of this state [for] towing a person on water skis [or a surfboard or similar device] , a surfboard, an inflatable device or any similar device unless the operator:

      (a) Is a least 14 years of age; or

      (b) Is a least 12 years of age, if a passenger in the vessel is a person who is 21 years of age or older and is in a position to supervise the operator.

      2.  A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard, an inflatable device or any similar device unless there is in the vessel a person, in addition to the operator, who is in a position to observe [the progress of] the person being towed [.] and is:

      (a) At least 12 years of age; or

      (b) At least 10 years of age, if another passenger in the vessel is a person who is 21 years of age or older.

The observer shall continuously observe the person being towed and shall immediately display so as to be visible from every direction, an international orange flag of at least 12 inches in height by 12 inches in width when the person being towed is getting ready to be towed and has a rope or line extended to him, or ceases to be towed and is in the water awaiting pickup by the vessel.

      3.  When within 100 feet of the person in the water, every vessel, other than the vessel towing him, must be operated at a speed that leaves a flat wake, but in no case may it be operated at a speed greater than 5 nautical miles per hour.

      4.  A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard or similar device, or engage in water skiing, surfboarding or similar activity from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C.

      [3.] 5.  The provisions [of subsections 1 and 2] of this section do not apply to a performer engaged in a professional exhibition or a person engaged in an activity authorized under NRS 488.305.

      Sec. 10.  NRS 488.265 is hereby amended to read as follows:

      488.265  [A] 1.  Except as otherwise provided in subsection 2, a person shall not anchor or moor a vessel in such a position as to obstruct a passageway ordinarily used by other vessels. As used in this subsection, a “passageway ordinarily used by other vessels” includes:

      (a) A river channel or the entrance to a harbor or marina; and

      (b) That area within a 100-yard radius of a boat ramp built and maintained with public money.

      2.  A person may anchor or moor a vessel in an area designated for that purpose by the commission and marked at the corners with yellow can buoys. The buoys must emit a flashing yellow light from sunset to sunrise.


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

ê1991 Statutes of Nevada, Page 857 (Chapter 334, AB 76)ê

 

      Sec. 11.  NRS 488.365 is hereby amended to read as follows:

      488.365  [Any] Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

 

________

 

 

CHAPTER 335, AB 349

Assembly Bill No. 349–Committee on Natural Resources, Agriculture and Mining

CHAPTER 335

AN ACT relating to water pollution; prohibiting certain acts that would cause a pollutant to be carried into the waters of the state; providing for the regulation of hazardous substances in certain counties; and providing other matters properly relating thereto.

 

[Approved June 13, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445.221 is hereby amended to read as follows:

      445.221  Except as authorized by a permit issued by the department [under] pursuant to the provisions of NRS 445.131 to 445.354, inclusive, and regulations adopted by the commission, it is unlawful for any person to:

      1.  Discharge from any point source any pollutant into any waters of the state or any treatment works . [; or]

      2.  Inject fluids through a well into any waters of the state.

      3.  Discharge from a point source a pollutant or inject fluids through a well that could be carried into the waters of the state by any means.

      4.  Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the state by any means.

      Sec. 2.  Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  “Hazardous substance” includes, without limitation, hazardous material, a regulated substance, a pollutant and a contaminant.

      Sec. 4.  1.  The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply:

      (a) In a county whose population is less than 40,000;

      (b) To mining or agricultural activities; or

      (c) To other facilities or locations where the quantity of any one hazardous substance at any one facility or location does not exceed 1,000 kilograms at any time.

      2.  All other provisions of NRS 459.560 and 459.565, including the provisions concerning hazardous waste, apply to all counties and all industries without regard to volume.

      Sec. 5.  NRS 459.405 is hereby amended to read as follows:

      459.405  As used in NRS 459.400 to 459.600, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, and section 3 of this act, have the meanings ascribed to them in those sections.


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ê1991 Statutes of Nevada, Page 858 (Chapter 335, AB 349)ê

 

defined in NRS 459.410 to 459.455, inclusive, and section 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 459.560 is hereby amended to read as follows:

      459.560  Any authorized representative or employee of the commission or the department may, for the purpose of carrying out his duties pursuant to NRS 459.400 to 459.600, inclusive, or to enforce a regulation adopted pursuant to those sections:

      1.  Enter any place where waste or a substance which the department has reason to believe may he hazardous waste or a hazardous substance is or may have been generated, stored, transported, treated, disposed of or otherwise handled;

      2.  Inspect and obtain samples of any waste or substance which the department has reason to believe may be hazardous [,] waste or a hazardous substance, including samples from any vehicle in which waste or substance is being transported, and samples of containers and labels; and

      3.  Inspect and copy any records, reports, information or test results relating to the management of hazardous wastes [.] or hazardous substances.

      Sec. 7.  NRS 459.565 is hereby amended to read as follows:

      459.565  1.  If the department receives information that the handling, storage, transportation, treatment or disposal of any waste or hazardous substance may present an imminent and substantial hazard to human health, public safety or the environment, it may:

      [1.] (a) Issue an order directing the owner or operator of the facility for treatment, storage or disposal of the waste or the owner or operator of any site where the treatment, storage or disposal of a hazardous substance has occurred or may occur or any other person who has custody of the waste or hazardous substance to take necessary steps to prevent the act or eliminate the practice which constitutes the hazard.

      [2.  Request that the attorney general commence an action to enjoin the practices or acts which constitute the hazard.

      3.  Take any other action designed to reduce or eliminate the hazard.]

      (b) Order a site assessment to be conducted and a remediation plan to be developed pursuant to regulations adopted by the commission.

      (c) Assess costs and expenses incurred by the department in carrying out the provisions of this section or in removing, correcting or terminating any hazard to human health, public safety or the environment pursuant to regulations adopted by the commission.

      (d) Request that the attorney general commence an action to enjoin the practices or acts which constitute the hazard.

      (e) Take any other action designed to reduce or eliminate the hazard.

      2.  The department may perform inspections pursuant to NRS 459.560 and issue an order directing the owner or operator of the facility for treatment, storage or disposal of waste or the owner or operator of any site where the treatment, storage or disposal of a hazardous substances has occurred or may occur or any other person who has custody of the waste or hazardous substance to take any necessary steps to prevent any act or eliminate any practice or effect which could constitute a hazard to human health, public safety or the environment.


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

ê1991 Statutes of Nevada, Page 859 (Chapter 335, AB 349)ê

 

or effect which could constitute a hazard to human health, public safety or the environment.

 

________

 

 

CHAPTER 336, SB 123

Senate Bill No. 123–Senators Smith, Getto and Jacobsen

CHAPTER 336

AN ACT relating to water; removing the requirement of reciprocity for its interstate transfer; establishing requirements for the approval of an application for an interstate transfer; and providing other matters properly relating thereto.

 

[Approved June 13, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.325 is hereby amended to read as follows:

      533.325  Any [corporation authorized to do business in this state, or any person, as defined in NRS 533.010, or any citizen of the United States, or any person who has legally declared his intention to become a citizen of the United States, over the age of 21 years, desiring] person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of diversion or change in manner or place of use, [make an application] apply to the state engineer for a permit to [make the same.] do so.

      Sec. 2.  NRS 533.515 is hereby amended to read as follows:

      533.515  1.  No permit for the appropriation of water [shall] or application to change the point of diversion under an existing water right may be denied because of the fact that the point of diversion described in the application for [such] the permit, or any portion of the works in [such] the application described and to be constructed for the purpose of storing, conserving, diverting or distributing [such water, or because the place of intended use, or the lands to be irrigated by such water, or any part thereof, may be] the water are situated in any other state ; [, when such state authorizes the diversion of water from such state for use in Nevada;] but in all such cases where [either the point of diversion or any of such works or] the place of intended use, or the lands, or part of the lands to be irrigated by means of [such] the water, are situated within [the State of Nevada,] this state, the permit [shall issue] must be issued as in other cases [.] , pursuant to the provisions of NRS 533.325 to 533.450, inclusive, and chapter 534 of NRS.

      2.  The permit [shall] must not purport to authorize the doing or refraining from any act or thing, in connection with the system of appropriation, not properly within the scope of the jurisdiction of [the State of Nevada,] this state and the state engineer [thereof,] to grant.

      Sec. 3.  NRS 533.520 is hereby amended to read as follows:

      533.520  1.  [It is hereby declared to be contrary to the economic welfare and against the public policy of the State of Nevada to change the place of use or transfer, or to permit a change of the place of use or transfer, of water or water rights for use beyond the borders of the State of Nevada, as to any water appropriated and beneficially used in the State of Nevada for irrigation or other purposes prior to or after March 23, 1951, and no permit or authorization shall be issued or given for such change of use or transfer.


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

ê1991 Statutes of Nevada, Page 860 (Chapter 336, SB 123)ê

 

or transfer, or to permit a change of the place of use or transfer, of water or water rights for use beyond the borders of the State of Nevada, as to any water appropriated and beneficially used in the State of Nevada for irrigation or other purposes prior to or after March 23, 1951, and no permit or authorization shall be issued or given for such change of use or transfer.

      2.  This section shall not apply to nor is it intended to affect waters or water rights as to such waters as shall have been prior to March 23, 1951, and which now are diverted in Nevada and which were prior to March 23, 1951, and now are used for domestic or industrial purposes beyond the borders of the State of Nevada.] Any person who files an application for a permit to appropriate water from above or beneath the surface of the ground for use outside this state, or to change the point of diversion under an existing water right which has a place of use outside of this state, or to change the place of use of water from a location in this state to a location outside this state under an existing right, must file an application with the state engineer for a permit to do so pursuant to provisions of NRS 533.325 to 533.450, inclusive, and chapter 534 of NRS.

      2.  The state engineer may approve such an application if he determines that the applicant’s use of the water outside this state complies with the requirements of NRS 533.325 to 533.450, inclusive, and those provisions of chapter 534 of NRS pertaining to the appropriation of water. In making his determination, the state engineer shall consider:

      (a) The supply of water available in this state;

      (b) The current and reasonable anticipated demands for water in this state;

      (c) The current or reasonable anticipated shortages of water in this state;

      (d) Whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated shortages of water in this state;

      (e) The supply and sources of water available to the applicant in the state in which the applicant intends to use the water;

      (f) The demands placed on the applicant’s supply of water in the state in which he intends to use the water; and

      (g) Whether the request in the application is reasonable, taking into consideration the factors set forth in paragraphs (a) to (f), inclusive.

      3.  The state engineer may, as a condition to the approval of such an application, require the applicant to file a certificate from the appropriate official in the state in which the water is to be used, indicating to the satisfaction of the state engineer that the intended use of the water would be beneficial and that the appropriation is feasible.

      4.  A person who is granted a permit pursuant to this section shall comply with the laws and regulations of this state governing the appropriation and use of water, as amended from time to time, and any change in the point of diversion, manner of use or place of use of water under a permit issued pursuant to this section is subject to the requirements of this section.

      5.  The state engineer may, as a condition of the approval of any permit granted pursuant to this section, require that the use of water in another state be subject to the same regulations and restrictions that may be imposed upon the use of water in this state.


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

ê1991 Statutes of Nevada, Page 861 (Chapter 336, SB 123)ê

 

      6.  Upon submittal of an application under this section, the applicant and, if the applicant is a natural person, his personal representative, are subject to the jurisdiction of the courts of this state and to service of process as provided in NRS 14.065.

      Sec. 4.  NRS 533.522 is hereby repealed.

 

________

 

 

CHAPTER 337, SB 393

Senate Bill No. 393–Committee on Commerce and Labor

CHAPTER 337

AN ACT relating to insurance; providing that a certificate of authority to transact insurance is not required of certain alien or foreign insurers with respect to specified transactions; and providing other matters properly relating thereto.

 

[Approved June 13, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 680A.070 is hereby amended to read as follows:

      680A.070  A certificate of authority is not required of an insurer with respect to any of the following:

      1.  Investigation, settlement or litigation of claims under its policies lawfully written in this state, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, all as resulting from its former authorized operations in this state.

      2.  Except as provided in subsection 2 of NRS 680A.060, transactions thereunder after issuance of a policy covering only subjects of insurance that are not resident, located or expressly to be performed in this state at the time of issuance, and lawfully solicited, written and delivered outside this state.

      3.  Prosecution or defense of suits at law, except that no insurer unlawfully transacting insurance in this state without a certificate of authority may institute or maintain, other than defend, any action at law or in equity in any court of this state, either directly or through an assignee or successor in interest, to enforce any right, claim or demand arising out of such an insurance transaction until the insurer, assignee or successor has obtained a certificate of authority. This provision does not apply to any suit or action by the receiver, rehabilitator or liquidator of such an insurer, assignee or successor under laws similar to those contained in chapter 696B of NRS.

      4.  Transactions pursuant to surplus lines coverages lawfully written under chapter 685A of NRS.

      5.  A suit, action or proceeding for the enforcement or defense of its rights relative to its investments in this state.

      6.  Reinsurance, except as to a domestic reinsurer or the reinsurance of a domestic insurer, unless the reinsurance is authorized pursuant to subsection 1 of NRS 681A.110.

      7.  Transactions in this state involving group life insurance, group health or blanket health insurance, or group annuities where the master policy or contract of such groups was lawfully solicited, issued and delivered pursuant to the laws of a state in which the insurer was authorized to transact insurance, to a group organized for purposes other than the procurement of insurance or to a group approved pursuant to NRS 688B.030 or 689B.026, and where the policyholder is domiciled or otherwise has a bona fide situs.


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

ê1991 Statutes of Nevada, Page 862 (Chapter 337, SB 393)ê

 

contract of such groups was lawfully solicited, issued and delivered pursuant to the laws of a state in which the insurer was authorized to transact insurance, to a group organized for purposes other than the procurement of insurance or to a group approved pursuant to NRS 688B.030 or 689B.026, and where the policyholder is domiciled or otherwise has a bona fide situs.

      8.  The issuance of annuities by an affiliate of an authorized insurer if the affiliate:

      (a) Is approved by the commissioner;

      (b) Is organized as a nonprofit educational corporation;

      (c) Issues annuities only to nonprofit institutions of education and research; and

      (d) Reports and pays any premium tax on the annuities required pursuant to chapter 680B of NRS.

      9.  Transactions involving the procurement of excess liability insurance above underlying liability coverage or self-insured retention of at least $25,000,000, if procured from an unauthorized alien or foreign insurer who does not solicit, negotiate or enter into such transactions in this state by any means, and if procured by a person:

      (a) Whose total annual premiums for property and casualty insurance is $1,000,000 or more; and

      (b) Who employs 250 or more full-time employees.

A person who procures insurance in accordance with this subsection shall report and pay any premium tax on the insurance required pursuant to NRS 680B.040.

      Sec. 2.  NRS 680B.040 is hereby amended to read as follows:

      680B.040  1.  Every insured in this state who procures or causes to be procured or continues or renews insurance in an unauthorized alien or foreign insurer, or any self-insurer in this state who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be performed within this state, other than insurance procured through a surplus line broker pursuant to chapter 685A of NRS or exempted from that chapter, shall within 30 days after the date such insurance was so procured, continued or renewed, file a written report with the commissioner on forms prescribed by the commissioner and furnished to such an insured upon request. The report must show:

      (a) The name and address of the insured or insureds.

      (b) The name and address of the insurer.

      (c) The subject of the insurance.

      (d) A general description of the coverage.

      (e) The premium currently charged therefor.

      (f) Such additional pertinent information as is reasonably requested by the commissioner.

If any such insurance covers also a subject of insurance resident, located or to be performed outside of this state, for the purposes of this section a proper pro rata portion of the entire premium payable for all such insurance must be allocated as to the subjects of insurance resident, located or to be performed in this state.

      2.  Any insurance in an unauthorized insurer procured through negotiations or an application in whole or in part occurring or made within or from within this state, or for which premiums in whole or in part are remitted directly or indirectly from within this state, shall be deemed to be insurance procured or continued or renewed in this state within the intent of subsection 1.


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

ê1991 Statutes of Nevada, Page 863 (Chapter 337, SB 393)ê

 

this state, or for which premiums in whole or in part are remitted directly or indirectly from within this state, shall be deemed to be insurance procured or continued or renewed in this state within the intent of subsection 1.

      3.  For the general support of the government of this state there is levied upon the obligation, chose in action or right represented by the premium charged or payable for such insurance a tax at the rate prescribed in NRS 680B.027. The insured shall withhold the amount of the tax from the amount of premium charged by and otherwise payable to the insurer for such insurance, and within 30 days after the insurance was so procured, continued or renewed, and coincidentally with the filing with the commissioner of the report provided for in subsection 1, the insured shall pay the amount of the tax to the state treasurer through the commissioner.

      4.  If the insured fails to withhold from the premium the amount of tax levied in this section, the insured is liable for the amount of the tax and shall pay it to the commissioner within the time stated in subsection 3.

      5.  The tax imposed by this section, if delinquent, bears interest at the rate of 10 percent per annum, compounded annually.

      6.  The tax is collectible from the insured by civil action brought by the commissioner, and by the seizure, distraint and sale of any property of the insured situated in this state.

      7.  This section does not abrogate or modify any other provision of this code.

      8.  This section does not apply to life or disability insurances.

      9.  The provisions of this section do not prohibit the procurement of insurance from an unauthorized alien or foreign insurer by a person in accordance with the requirements of subsection 9 of NRS 680A.070.

 

________

 

 

CHAPTER 338, SB 443

Senate Bill No. 443–Committee on Commerce and Labor

CHAPTER 338

AN ACT relating to the Nevada Life and Health Insurance Guaranty Association; limiting its liability in certain respects; providing for substitute coverage in certain cases of impairment or insolvency; and providing other matters properly relating thereto.

 

[Approved June 13, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 686C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

      Sec. 2.  “Account” means one of the accounts maintained pursuant to NRS 686C.130.

      Sec. 3.  “Domiciliary state” has the meaning ascribed to it in NRS 696B.070.

      Sec. 4.  “Insolvent insurer” means an insurer which is ordered to liquidate by a court of competent jurisdiction after a finding of insolvency.


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

ê1991 Statutes of Nevada, Page 864 (Chapter 338, SB 443)ê

 

      Sec. 5.  “Supplemental contract” means an agreement for the distribution of proceeds from a contract or policy.

      Sec. 6.  1.  This chapter does not provide coverage for:

      (a) Any portion of a policy or contract not guaranteed by the insurer, or under which the risk is borne by the policyholder.

      (b) Any policy or contract of reinsurance unless assumption certificates have been issued.

      (c) Any portion of a policy or contract to the extent that the rate of interest on which it is based:

             (1) When averaged over the 4 years before the date that the association becomes obligated with respect to the policy or contract, or averaged for the period since the policy or contract was issued if it was issued less than 4 years before the association became obligated, exceeds the rate of interest determined by subtracting 2 percentage points from Moody’s Corporate Bond Yield Average averaged for the same period; and

             (2) On or after the date on which the association becomes obligated with respect to the policy or contract, exceeds the rate of interest determined by subtracting 3 percentage points from the most recent Moody’s Corporate Bond Yield Average.

      (d) Any plan or program of an employer, association or similar entity to provide life or health benefits or annuities to its employees or members to the extent that the plan or program is self-funded or uninsured, including, but not limited to, benefits payable by an employer, association or similar entity under:

             (1) A Multiple Employer Welfare Arrangement as defined in 29 U.S.C. § 144;

             (2) A minimum-premium group insurance plan;

             (3) A stop-loss group insurance plan; or

             (4) A contract for administrative services only.

      (e) Any portion of a policy or contract to the extent that it provides dividends, credits for experience, or payment to any person, including the policyholder, for services or administration connected with the policy or contract.

      (f) Any policy or contract issued in this state by a member insurer at a time when the member insurer was not authorized to issue the policy or contract.

      (g) Any certificate for an annuity or group annuity which is not issued to or owned by a natural person, except to the extent of any annuity guaranteed to a natural person by an insurer under the contract or certificate except that annuities issued in connection with and for the purpose of funding structured settlements of liability are covered policies.

      2.  As used in this section, “Moody’s Corporate Bond Yield Average” means the monthly average for corporate bonds published by Moody’s Investors Service, Inc., or any successor average.

      Sec. 7.  1.  If a member insurer, whether domestic, foreign or alien, is an impaired insurer and is not making timely payment of claims, and if the conditions set forth in subsections 2 and 3 are both satisfied, the association shall:

      (a) Take any of the actions set forth in NRS 686C.150, subject to the conditions in that section; or


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

ê1991 Statutes of Nevada, Page 865 (Chapter 338, SB 443)ê

 

      (b) Provide substitute benefits in lieu of the contractual obligations of the impaired insurer solely for claims against health insurance, periodic payments for annuities, death benefits, supplemental benefits, and cash withdrawals for owners of policies or contracts who petition on the grounds of emergency or hardship and satisfy the standards for a successful petition that are proposed by the association and approved by the commissioner.

      2.  The laws of the impaired insurer’s state of domicile must require that until all payments made on behalf of the impaired insurer by all guaranty associations, including all expenses and interest, have been repaid to the guaranty associations or a plan of repayment by the impaired insurer has been approved by the guaranty associations:

      (a) The delinquency proceeding must not be dismissed;

      (b) Control of the impaired insurer or its assets must not be returned to its shareholders or private management; and

      (c) The impaired insurer must not be permitted to solicit or accept new business or have any suspended or revoked license restored.

      3.  The impaired insurer must be a domestic insurer that has been placed under an order of rehabilitation by a court of competent jurisdiction in this state, or if the impaired insurer is a foreign or alien insurer:

      (a) It must have been prohibited from soliciting or accepting new business in this state;

      (b) Its certificate of authority must have been suspended or revoked in this state, and

      (c) The regulatory authority of its state or county must have filed a petition for rehabilitation or liquidation in a court of competent jurisdiction in its state or country of domicile.

      Sec. 8.  If a member insurer is an insolvent insurer, the association shall:

      1.  Guarantee, assume or reinsure, or cause to be guaranteed, assumed or reinsured, the policies or contracts of the insolvent insurer; or

      2.  Ensure payment of the contractual obligations of the insolvent insurer and:

      (a) Provide such money, pledges, guarantees or other means as are reasonably necessary to discharge such duties; or

      (b) With respect only to life and health insurance policies, provide benefits and coverages in accordance with sections 9 and 10 of this act.

      Sec. 9.  When proceeding pursuant to paragraph (b) of subsection 1 of section 7 of this act or paragraph (b) of subsection 2 of section 8 of this act, the association shall, with respect to life and health insurance policies only:

      1.  Ensure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, which would have been payable under policies of the insolvent insurer, for claims incurred with respect to:

      (a) A group policy not later than the earlier of the next renewal date under the policy or contract or 45 days, but in no event less than 30 days, after the date when the association becomes obligated with respect to that policy.

      (b) An individual policy, not later than the earlier of the next renewal date, if any, under the policy or 1 year, but in no event less than 30 days, after the date when the association becomes obligated with respect to that policy.


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

ê1991 Statutes of Nevada, Page 866 (Chapter 338, SB 443)ê

 

      2.  Make diligent efforts to provide all known insureds or policyholders with respect to group policies 30 days’ notice of termination of the benefits provided.

      3.  Make available substitute coverage on an individual basis, in accordance with the provisions of subsection 4, to each known insured under an individual policy, or owner if other than the insured, and to each natural person formerly insured under a group policy who is not eligible for replacement group coverage, if the insured had a right under law to convert coverage under the terminated policy to individual coverage or to continue an individual policy in force until a specified age or for a specified period, during which the insurer had no right unilaterally to make changes in any provision of the policy or had a right only to make changes in premium by class.

      4.  In providing the substitute coverage required under subsection 3, the association may offer to reissue the terminated coverage or to issue an alternative policy that must be offered without requiring evidence of insurability or a waiting period or exclusion that would not have applied under the terminated policy, and may reinsure any alternative or reinsured policy.

      Sec. 10.  1.  Alternative policies adopted by the association are subject to the approval of the commissioner. The association may adopt alternative policies of various types for future insurance without regard to any particular impairment or insolvency.

      2.  An alternative policy must contain at least the minimum statutory provisions required in this state and provide benefits that are not unreasonable in relation to the premium charged. The association shall set the premium in accordance with a table of rates which it shall adopt. The premium must reflect the amount of insurance to be provided and the age and class of risk of each insured, but must not reflect any changes in the health of the insured after the original policy was last underwritten.

      3.  An alternative policy issued by the association must provide coverage of a type similar to that of the policy issued by the impaired or insolvent insurer, as determined by the association.

      4.  If the association elects to reissue terminated coverage at a rate of premium different from that charged under the terminated policy, the premium must be set by the association is accordance with the amount of insurance provided and the age and class of risk, subject to approval by the commissioner or by a court of competent jurisdiction.

      Sec. 11.  When proceeding pursuant to paragraph (b) of subsection 1 of section 7 of this act or paragraph (b) of subsection 2 of section 8 of this act with respect to any policy or contract carrying guaranteed minimum interest rates, the association shall ensure the payment or crediting of a rate of interest consistent with paragraph (c) of subsection 1 of section 6 of this act.

      Sec. 12.  The association’s obligations with respect to coverage under any policy of the impaired or insolvent insurer or under any reissued or alternative policy ceases on the date the coverage or policy is replaced by another similar policy by the policyholder, the insured or the association.

      Sec. 13.  Failure to pay premiums within 31 days after the date required pursuant to the terms of any guaranteed, assumed, alternative or reissued policy or contract or substitute coverage terminates the association’s obligations under the policy, contract or coverage, except with respect to any claims incurred or any net cash surrender value which may be due in accordance with the provisions of this chapter.


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

ê1991 Statutes of Nevada, Page 867 (Chapter 338, SB 443)ê

 

policy or contract or substitute coverage terminates the association’s obligations under the policy, contract or coverage, except with respect to any claims incurred or any net cash surrender value which may be due in accordance with the provisions of this chapter.

      Sec. 14.  Premiums due for coverage after entry of an order of liquidation of an insolvent insurer belong to and are payable at the direction of the association, and the association is liable for unearned premiums due to policy or contract owners arising after the entry of the order.

      Sec. 15.  If the association fails to act within a reasonable time to carry out its duties pursuant to NRS 686B.150 and sections 7 to 11, inclusive, of this act, the commissioner may exercise the powers of the association under this chapter with respect to the insurer involved.

      Sec. 16.  1.  The commissioner shall notify the commissioners of insurance of all the other states, the territories of the United States, and the District of Columbia when he takes any of the following actions against a member insurer:

      (a) Revokes a member insurer’s license;

      (b) Suspends a member insurer’s license; or

      (c) Makes any formal order that a member insurer is to restrict its premium writing, obtain additional contributions to surplus, withdraw from the state, reinsure all or any part of its business, or increase capital, surplus, or any other account for the security of policyholders or creditors.

This notice must be mailed to all commissioners with 30 days after the action is taken.

      2.  The commissioner shall report to the board when he has taken any of the actions set forth in subsection 1, or has received a report from any other commissioner indicating that any such action has been taken in another state. The report to the board must contain all significant details of the action taken or the report received from another commissioner.

      3.  The commissioner shall furnish to the board the ratios of the “insurance regulatory information system” developed by the National Association of Insurance Commissioners and reports of examinations and listings of companies not included in those ratios, and the board may use the information contained therein in carrying out its duties and responsibilities under this chapter. Such reports and the information contained therein must be kept confidential by the board until such time as made public by the commissioner or other lawful authority.

      4.  The board shall, at the conclusion of any insolvency of an insurer in which the association was obligated to pay covered claims, prepare a report to the commissioner containing such information as it may have in its possession bearing on the history and causes of the insolvency. The board shall cooperate with the boards of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer, and may adopt by reference any report prepared by one or more other associations.

      Sec. 17.  An insurer which is the subject of a proceeding on account of delinquency, whether summary or judicial, must not:

      1.  Be released from that proceeding, unless the proceeding is converted into one for judicial rehabilitation or liquidation;


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

ê1991 Statutes of Nevada, Page 868 (Chapter 338, SB 443)ê

 

      2.  Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate or authority;

      3.  Be returned to the control of its stockholders or private management; or

      4.  Have any of its assets returned to the control of its stockholders or private management,

until all payments of or on account of the insurer’s contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, have been repaid to the guaranty associations or a plan of repayment by the insurer has been approved by the guaranty associations.

      Sec. 18.  1.  If an order for liquidation or rehabilitation of an insurer domiciled in this state has been entered, the receiver appointed under such order is entitled to recover on behalf of the insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the 5 years preceding the petition for liquidation or rehabilitation, subject to the limitations of subsections 2, 3 and 4.

      2.  No distribution is recoverable if the insurer shows that when paid the distribution was lawful and reasonable, and that the insurer did not know and could not reasonable have known that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations.

      3.  Any person who as an affiliate that controlled the insurer at the time the distributions were paid is liable up to the amount of distributions he received. Any person who was an affiliate that controlled the insurer at the time the distributions were declared, is liable up to the amount of distributions he would have received if they had been paid immediately. If two or more persons are liable with respect to the same distributions, they are jointly and severally liable.

      4.  The maximum amount recoverable pursuant to this subsection is the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer.

      5.  If any person liable under subsection 3 is insolvent, all its affiliates that controlled it at the time the dividend was paid are jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.

      Sec. 19.  1.  The association shall prepare, and submit to the commissioner for approval, a summary document describing the general purposes, exclusions and limitations of this chapter. No insurer may deliver a policy or contract described in NRS 686C.030 to an intended holder unless the document is delivered to the intended holder before or at the time of delivery of the policy or contract. The document must also be available upon request by a policyholder. The distribution, delivery, contents or interpretation of this document do not mean that the policy or the contract or the holder thereof would be covered in the event of the impairment or insolvency of a member insurer. The descriptive document must be revised by the association as amendments to this chapter may require. Failure to receive this document does not give the holder of a policy or contract, or an insured, any greater rights than those stated in this chapter.


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

ê1991 Statutes of Nevada, Page 869 (Chapter 338, SB 443)ê

 

      2.  The document prepared pursuant to subsection 1 must contain a clear and conspicuous disclaimer on its face. The disclaimer must:

      (a) State the name and address of the association and of the division;

      (b) Prominently warn the policy or contract holder that the association may not cover the policy or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in this state;

      (c) State that the insurer and its agents are prohibited by law from using the existence of the association for the purpose of sales, solicitation or inducement to purchase any form of insurance;

      (d) Emphasize that the holder of a policy or contract should not rely on coverage under the association when selecting an insurer; and

      (e) Provide other information as directed by the commissioner.

      Sec. 20.  NRS 686C.020 is hereby amended to read as follows:

      686C.020  The purpose of this chapter is to protect [policyowners, insureds, beneficiaries, annuitants, payees, and assignees of life insurance policies, health insurance policies, annuity contracts and supplemental contracts, subject to certain limitations,] persons specified in subsection 1 of NRS 686C.030 against failure in the performance of contractual obligations [due to] under life and health insurance policies, annuities and contracts specified in subsection 2 of NRS 686C.030 because of the impairment or insolvency of the insurer issuing such policies or contracts.

      Sec. 21.  NRS 686C.030 is hereby amended to read as follows:

      686C.030  1.  This chapter [applies to direct life insurance policies, health insurance policies, annuity contracts and contracts supplemental to life and health insurance policies and annuity contracts issued by persons authorized to transact insurance in this state.

      2.  This chapter does not apply to:

      (a) Any policies or contracts or any part thereof under which the risk is borne by the policyholder.

      (b) Any policies or contracts or any part thereof assumed by the impaired insurer under a contract of reinsurance other than reinsurance for which assumption certificates have been issued.] provides coverage for the policies or contracts described in subsection 2 to persons who are:

      (a) Owners of or certificate holders under such policies or contracts, and who:

             (1) Are residents of this state; or

             (2) Are not residents, but only if:

             (I) The insurers which issued the policies or contracts are domiciled in this state;

             (II) Those insurers did not hold at the time the policies or contracts were issued a license or certificate of authority in the states in which those persons reside;

             (III) The states in which the nonresident persons reside have associations for protection against impaired or insolvent insurers similar to the association created by this chapter; and

             (IV) Those persons are not eligible for coverage by those associations; and


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ê1991 Statutes of Nevada, Page 870 (Chapter 338, SB 443)ê

 

      (b) Beneficiaries, assignees or payees of the persons covered under paragraph (a), wherever they reside, except for nonresident certificate holders under group policies or contracts.

      2.  This chapter provides coverage to the persons described in subsection 1 for direct, nongroup life, health and supplemental policies or contracts, and annuities, and certificates under direct group policies and contracts, and annuities, issued by member insurers, except as limited by this chapter.

      Sec. 22.  NRS 686C.040 is hereby amended to read as follows:

      686C.040  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 686C.050 to 686C.120, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 23.  NRS 686C.070 is hereby amended to read as follows:

      686C.070  “Contractual obligation” means any obligation under [covered policies] a policy or contract or a certificate under a group policy or contract, or portion thereof, for which coverage is provided under NRS 686C.030, and includes unearned premiums.

      Sec. 24.  NRS 686C.080 is hereby amended to read as follows:

      686C.080  “Covered policy” means any policy or contract included within the scope of this chapter, as expressed in NRS 686C.030 [.] and section 6 of this act.

      Sec. 25.  NRS 686C.090 is hereby amended to read as follows:

      686C.090  “Impaired insurer” means an insurer [who, after July 1, 1973:

      1.  Becomes insolvent and is] which is not an insolvent insurer and:

      1.  Is placed under [a final order of liquidation] an order of rehabilitation or conservation by a court of competent jurisdiction; or

      2.  Is determined by the commissioner to be unable or potentially unable to fulfill [his] its contractual obligations.

      Sec. 26.  NRS 686C.100 is hereby amended to read as follows:

      686C.100  “Member insurer” means any [person authorized to transact any kind of insurance in this state to which this chapter applies.] insurer which is licensed or holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided in this chapter and includes any insurer whose license or certificate of authority to transact such insurance has been suspended, revoked, not renewed or voluntarily withdrawn. The term does not include:

      1.  A nonprofit hospital or medical organization;

      2.  A health maintenance organization;

      3.  A fraternal benefit society;

      4.  A mandatory state pooling plan;

      5.  A mutual assessment company or any entity that operates on the basis of assessments;

      6.  An insurance exchange; or

      7.  Any other similar entity.

      Sec. 27.  NRS 686C.110 is hereby amended to read as follows:

      686C.110  “Premiums” means [direct gross insurance premiums and annuity considerations written on covered policies, less return premiums and considerations thereon and dividends paid or credited to policyholders on such direct business. The term does not include premiums and considerations on contracts between insurers and reinsurers.]


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ê1991 Statutes of Nevada, Page 871 (Chapter 338, SB 443)ê

 

on contracts between insurers and reinsurers.] amounts received in any calendar year on covered policies or contracts less premiums, considerations and deposits returned thereon, and less dividends and credits for experience thereon. The term does not include any amounts received for policies or contracts or for the portions of policies or contracts for which coverage is not provided under NRS 686C.030 except that the assessable premium is not reduced on account of paragraph (c) of subsection 1 of section 6 of this act relating to limitations on interest and subsection 2 or paragraph (b) of subsection 1 of NRS 686C.210 relating to limitations with respect to any one life.

      Sec. 28.  NRS 686C.120 is hereby amended to read as follows:

      686C.120  “Resident” means any person who resides in this state at the time [the impairment] a member insurer is determined to be impaired or insolvent and to whom contractual obligations are owed. A person may be a resident of but one state, which in the case of a person other than a natural person is its principal place of business.

      Sec. 29.  NRS 686C.130 is hereby amended to read as follows:

      686C.130  1.  There is hereby created a nonprofit, unincorporated, legal entity to be known as the Nevada Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved pursuant to NRS 686C.290 and shall exercise its powers through a board of directors established pursuant to NRS 686C.140.

      2.  For purposes of administration and assessment, the association shall maintain [three] two accounts:

      (a) The [health insurance account;

      (b) The life insurance account; and

      (c) The annuity account.] account for health insurance; and

      (b) The account for life insurance and annuities, which consists of:

             (1) The subaccount for life insurance; and

             (2) The subaccount for annuities.

      3.  The association [shall come] is under the immediate supervision of the commissioner and is subject to the applicable provisions of the Nevada Insurance Code.

      Sec. 30.  NRS 686C.150 is hereby amended to read as follows:

      686C.150  [1.] If a domestic member insurer is an impaired insurer [:

      (a) The] , the association may, [prior to an order of liquidation or rehabilitation, subject to any conditions imposed by the association other than those which impair the contractual obligations of the impaired insurer and which are approved by the impaired insurer and the commissioner:

             (1)] subject to any conditions it may impose which do not impair the contractual obligations of the impaired insurer, are approved by the commissioner, and, except in cases of court-ordered conservation or rehabilitation, are approved by the impaired insurer:

      1.  Guarantee, assume or reinsure, or cause to be guaranteed, assumed or reinsured, [all] any or all of the covered policies or contracts of the impaired insurer.


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ê1991 Statutes of Nevada, Page 872 (Chapter 338, SB 443)ê

 

            [(2)] 2.  Provide such [moneys,] money, pledges, notes, guarantees or other means as are proper to effectuate [subparagraph (1),] subsection 1, and assure payment of the contractual obligations of the impaired insurer pending action under [subparagraph (1).

             (3) Loan] subsection 1.

      3.  Lend money to the impaired insurer.

      [(b) Under an order of liquidation or rehabilitation, the association shall, subject to the approval of the commissioner:

             (1) Guarantee, assume or reinsure, or cause to be guaranteed, assumed or reinsured the covered policies of the impaired insurer.

             (2) Assure payment of the contractual obligations of the impaired insurer.

             (3) Provide such moneys, pledges, notes, guarantees or other means as are reasonably necessary to discharge such duties.

If the association fails to act within a reasonable time, the commissioner shall have the powers and duties of the association under this chapter with respect to such insurer.

      2.  If a foreign or alien insurer is an impaired insurer:

      (a) The association may, prior to an order of liquidation, rehabilitation or conservation, with respect to the covered policies of residents and subject to any conditions imposed by the association other than those which impair the contractual obligations of the impaired insurer and which are approved by the impaired insurer and the commissioner:

             (1) Guarantee or reinsure, or cause to be guaranteed, assumed or reinsured, the impaired insurer’s covered policies of residents.

             (2) Provide such moneys, pledges, notes, guarantees or other means as are proper to effectuate subparagraph (1), and assure payment of the impaired insurer’s contractual obligations to residents pending action under subparagraph (1).

            (3) Loan money to the impaired insurer.

      (b) Under an order of liquidation, rehabilitation or conservation, the association shall, subject to the approval of the commissioner:

             (1) Guarantee, assume or reinsure or cause to be guaranteed, assumed or reinsured the covered policies of residents.

             (2) Assure payment of the contractual obligations of the impaired insurer to residents.

             (3) Provide such moneys, pledges, notes, guarantees or other means as are reasonably necessary to discharge such duties.

If the association fails to act within a reasonable time, the commission shall have the powers and duties of the association under this chapter with respect to such insurer.]

      Sec. 31.  NRS 686C.160 is hereby amended to read as follows:

      686C.160  In carrying out its responsibilities under [paragraph (b) of subsection 1 and paragraph (b) of subsection 2, respectively, of NRS 686C.150,] sections 7 and 8 of this act, the association may [request the imposition of:

      1.  Policy liens, contract liens, moratoriums on payments or other suitable restraints if the commissioner:

      (a) Finds] , subject to approval by the court, or by the commissioner if there is no judicial proceeding:


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ê1991 Statutes of Nevada, Page 873 (Chapter 338, SB 443)ê

 

      1.  Impose permanent liens on policies and contracts in connection with any guarantee, assumption or reinsurance if the association finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the [impaired insurer’s contractual obligations,] association’s duties or that the economic or financial conditions as they affect member insurers are sufficiently adverse [to render the imposition of policy or contract liens, moratoriums or other suitable restraints to be] that the imposition of such permanent liens is in the public interest.

      [(b) Approves the specific policy liens, contract liens, moratoriums or other suitable restraints to be used.

      2.  Temporary]

      2.  Impose temporary moratoriums or liens on payments of cash values and policy loans [if, before the association becomes obligated under paragraph (b) of subsection 1 or paragraph (b) of subsection 2, respectively, of NRS 686C.150, such temporary moratoriums or liens are approved by the commissioner.] or any right to withdraw money held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of paying cash value or lending against the policy.

      Sec. 32.  NRS 686C.170 is hereby amended to read as follows:

      686C.170  The association is not liable under [NRS 686C.150] section 7 or 8 of this act for any covered policy of a foreign or alien insurer [whose domiciliary jurisdiction or state of entry provides by statute or regulation, protection for residents of this state substantially similar to that provided by this chapter for residents of other states.] where a guaranty is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer.

      Sec. 33.  NRS 686C.190 is hereby amended to read as follows:

      686C.190  The association has standing [to] :

      1.  To appear before any court in this state [, having] which has jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this chapter. [Such] Its standing extends to all matters germane to the powers and duties of the association, including but not limited to proposals for reinsuring or guaranteeing the covered policies or contracts of the impaired or insolvent insurer and the determination of the covered policies or contracts and contractual obligations.

      2.  To appear or intervene before a court in another state which has jurisdiction over an impaired or insolvent insurer for which the association is or may become obligated, or over a third party against whom the association may have rights through subrogation of the insurer’s policyholders.

      Sec. 34.  NRS 686C.200 is hereby amended to read as follows:

      686C.200  1.  Any person receiving benefits under this chapter shall be deemed to have assigned his rights under , and any causes of action relating to, the covered policy or contract to the association to the extent of the benefits received because of this chapter whether the benefits are payments of or on account of contractual obligations, [or] continuation of coverage [.] or provision of substitute or alternative coverages. The association may require an assignment to it of [such] those rights and causes of action by any payee, policy or contract owner, beneficiary, insured or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon [such person.


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ê1991 Statutes of Nevada, Page 874 (Chapter 338, SB 443)ê

 

precedent to the receipt of any rights or benefits conferred by this chapter upon [such person. The association is subrogated to these rights against the assets of any impaired insurer.] that person.

      2.  The [subrogation] rights of the association to subrogation under this subsection have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter.

      3.  In addition to the rights provided under subsection 1 and 2, the association has all rights of subrogation at common law and any other equitable or legal remedy which would have been available to the impaired or insolvent insurer or the holder of a policy or contract, with respect to the policy or contract.

      Sec. 35.  NRS 686C.210 is hereby amended to read as follows:

      686C.210  [Subject to the provisions of NRS 686C.160, the liability of the association for contractual obligations of impaired insurers is limited as follows:

      1.  The liability with respect to accident and health insurance is limited to actual claims of insureds for disability resulting from accident or sickness.

      2.  The liability with respect to life and annuity insurance is as great as but no greater than the contractual obligations of the impaired insurer would have been in the absence of an impairment.

      3.  The aggregate liability under subsections 1 and 2 must not exceed $100,000 in cash values or $300,000 for all benefits, including cash values, with respect to any one insured.]

      1.  Unless further limited by subsection 2, the liability of the association for benefits under this chapter is limited to the lesser of:

      (a) The contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer; or

      (b) With respect to any one life, regardless of the number of policies or contracts:

             (1) Three hundred thousand dollars in death benefits from life insurance, but not more than $100,000 in net cash for surrender and withdrawal for life insurance;

             (2) One hundred thousand dollars in benefits from health insurance, including any net cash for surrender and withdrawal; and

             (3) One hundred thousand dollars in the present value of annuities, including net cash for surrender and withdrawal.

      2.  The association is not liable to expend more than $300,000 in the aggregate with respect to any one life under subparagraphs (1), (2) and (3) of paragraph (b) of subsection 1.

      Sec. 36.  NRS 686C.220 is hereby amended to read as follows:

      686C.220  The association may:

      1.  Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter.

      2.  Sue or be sued, including the taking of any legal action necessary or proper for recovery of any unpaid assessments under NRS 686C.230 [.] or to settle claims or potential claims against it.


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ê1991 Statutes of Nevada, Page 875 (Chapter 338, SB 443)ê

 

      3.  Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the association not in default are legal investments for domestic insurers and may be carried as admitted assets.

      4.  Employ or retain such persons as are necessary to handle the financial transactions of the association, and to perform such other functions as become necessary or proper under this chapter.

      5.  Negotiate and contract with any liquidator, rehabilitator, conservator or ancillary receiver to carry out the powers and duties of the association.

      6.  Take such legal action as may be necessary to avoid payment of improper claims.

      7.  Exercise, for the purposes of this chapter and to the extent approved by the commissioner, the powers of a domestic life or health insurer, but in no case may the association issue insurance policies or [annuity contracts] annuities other than those issued to perform the contractual obligations of the impaired insurer [.] under this chapter.

      8.  Join an organization of one or more other state associations having similar purposes, to further the purposes and administer the powers and duties of the association.

      Sec. 37.  NRS 686C.230 is hereby amended to read as follows:

      686C.230  1.  [For the purpose of providing the funds] To provide the money necessary to carry out the powers and duties of the association, the board shall assess the member insurers, separately for each account, at such times and for such amounts as the board finds necessary. [The board shall collect the assessments after 30 days’ written notice to the member insurers before payment is due.] As assessment is due upon at least 30 days’ written notice to the member insurer and accrues interest after it is due at the rate provided in NRS 99.040.

      2.  There are [three] two classes of assessments as follows:

      (a) [Class A assessments shall] Assessments in Class A must be made for the purpose of meeting administrative and legal costs and [other general expenses not related to a particular impaired insurer.

      (b) Class B assessments shall] other expenses, including those of examinations conducted pursuant to NRS 686C.310. An assessment in Class A need not be related to a particular impaired or insolvent insurer.

      (b) Assessments in Class B must be made to the extent necessary to carry out the powers and duties of the association under NRS 686C.150 to 686C.200, inclusive, and sections 7 to 11, inclusive, of this act with regard to an impaired [domestic insurer.

      (c) Class C assessments shall be made to the extent necessary to carry out the powers and duties of the association under NRS 686C.150 to 686C.220, inclusive, with regard to an impaired foreign or alien insurer.] or insolvent insurer.

      Sec. 38.  NRS 686C.240 is hereby amended to read as follows:

      686C.240  1.  [Class A assessments against member insurers must be:

      (a) Determined each year by the board;

      (b) Not more than $50 per year for each member insurer; and

      (c) Uniform among member insurers.

      2.  The amount of any Class B or C assessment must be divided among the accounts in the proportion that the premiums received by the impaired insurer on the policies covered by each account bears to the premiums received by the insurer on all covered policies.


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ê1991 Statutes of Nevada, Page 876 (Chapter 338, SB 443)ê

 

on the policies covered by each account bears to the premiums received by the insurer on all covered policies.

      3.  Class B assessments for each account must be made separately for each state in which the impaired domestic insurer was authorized to transact insurance at any time, in the proportion that the premiums received on business in that state by the impaired insurer on policies covered by the account bears to the premiums received in all those states by the impaired insurer. The assessments against member insurers must be in the proportion that the premiums received on business in each state by each assessed member insurer on policies covered by each account bears to the premiums received on business in each state by all assessed member insurers.

      4.  Class C assessments] The board shall determine the amount of each assessment in Class A and may, but need not, prorate it. If an assessment is prorated, the board may provide that any surplus be credited against future assessments in Class B. An assessment which is not prorated must not exceed $150 for each insurer for any one calendar year.

      2.  The board may allocate any assessment in Class B among the accounts according to the premiums or reserves of the impaired or insolvent insurer or any other standard which it considers fair and reasonable under the circumstances.

      3.  Assessments in Class B against member insurers for each account and subaccount must be in the proportion that the premiums received on business in this state by each assessed member insurer on policies or contracts covered by each account or subaccount for the 3 most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent bears to premiums received on business in this state for those calendar years by all assessed member insurers.

      [5.] 4.  Assessments for money to meet the requirements of the association with respect to an impaired or insolvent insurer must not be made until necessary to carry out the purposes of this chapter. Classification of assessments under subsection 2 of NRS 686C.230 and computation of assessments under this section must be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.

      Sec. 39.  NRS 686C.250 is hereby amended to read as follows:

      686C.250  1.  The association may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the board, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. If an assessment against a member insurer is abated or deferred in whole or in part, the amount by which that assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this section.

      2.  The total of all assessments upon a member insurer for [each account shall] :

      (a) The account for life insurance and annuities and each of its subaccounts; and

      (b) The account for health insurance,

respectively must not in any 1 calendar year exceed 2 percent of [such insurer’s] the insurer’s average premiums in this state on the policies covered by the account [.


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ê1991 Statutes of Nevada, Page 877 (Chapter 338, SB 443)ê

 

      2.  If an assessment against a member insurer is abated or deferred, in whole or in part, because of the limitations set forth in subsection 1, the amount by which such assessment is abated or deferred shall be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this section.] during the 3 calendar years preceding the year in which the impairment or insolvency is determined.

      3.  If the maximum assessment, together with the other assets of the association in either account, does not provide in any 1 year in either account an amount sufficient to carry out the responsibilities of the association, the necessary additional [funds shall] money must be assessed as soon thereafter as permitted by this chapter.

      4.  If an assessment of 1 percent for either subaccount of the account for life insurance and annuities in any 1 year does not provide an amount sufficient to carry out the responsibilities of the association, then pursuant to subsection 3 of NRS 686C.240, the board shall assess both subaccounts for the necessary additional amount, subject to the maximum stated in subsection 2.

      5.  The board may provide in the plan of operation a method of allocating funds among claims, whether relating to one or more impaired or insolvent insurers, when the maximum assessment is insufficient to cover anticipated claims.

      Sec. 40.  NRS 686C.260 is hereby amended to read as follows:

      686C.260  The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account, the amount by which the assets of the account exceed the amount the board finds is necessary to carry out during the coming year the obligations of the association with regard to that [amount,] account, including assets accruing from assignment, subrogation, net realized gains and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the association and for future losses . [if refunds are impractical.]

      Sec. 41.  NRS 686C.270 is hereby amended to read as follows:

      686C.270  [1.] It is proper for any member insurer, in determining its [premium] rates of premium and [policyowner] dividends to owners of policies as to any kind of insurance within the scope of this chapter, to consider the amount reasonably necessary to meet its [assessment] obligations for assessment under this chapter.

      [2.  As used in NRS 686C.230 to 686C.270, inclusive, “premiums” means those, so defined in NRS 686C.110, for the calendar year preceding the determination of impairment.]

      Sec. 42.  NRS 686C.280 is hereby amended to read as follows:

      686C.280  1.  The association shall issue to each insurer paying an assessment under this chapter a certificate of contribution, in a form prescribed by the commissioner, for the amount so paid. All outstanding certificates [shall be] are of equal dignity and priority without reference to amounts or dates of issue. A member insurer [shall, at its option, have the right to] may show a certificate of contribution as an [admitted] asset in its financial statement [at percentages of the original face amount, either for such longer period as may be allowed by the commissioner or for calendar years as follows:


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ê1991 Statutes of Nevada, Page 878 (Chapter 338, SB 443)ê

 

      (a) One hundred percent for the first calendar year of issuance;

      (b) Eighty percent for the first calendar year after the year of issuance;

      (c) Sixty percent for the second calendar year after the year of issuance;

      (d) Forty percent for the third calendar year after the year of issuance;

      (e) Twenty percent for the fourth calendar year after the year of issuance; and

      (f) Not at all for the fifth calendar year after the year of issuance and thereafter.

      2.  The] in such form, for such amount if any, and for such period as the commissioner may approve.

      2.  A member insurer may offset against its [premium tax] liability for premium tax to this state, accrued with respect to business transacted in a calendar year, an amount equal to [the asset written off by it in that year pursuant to subsection 1.] 20 percent of the amount certified pursuant to subsection 1 in each of the 5 calendar years following the year in which the assessment was paid. If an insurer ceases to transact business, it may offset all uncredited assessments against its liability for premium tax for the year in which it so ceases.

      3.  Any sum acquired by refund from the association pursuant to NRS 686C.260 which theretofore had been written off by the contributing insurer and offset against premium taxes as provided in subsection 2 [shall] must be paid to the commissioner and by him deposited with the state treasurer for credit to the state general fund . [in the state treasury.] The association shall notify the commissioner of each refund made.

      Sec. 43.  NRS 686C.290 is hereby amended to read as follows:

      686C.290  1.  The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto [shall] become effective upon approval in writing by the commissioner [.] , or 30 days after submission if he has not disapproved them. All member insurers shall comply with the plan of operation.

      2.  [If the association fails to submit a suitable plan of operation by January 1, 1974, or if] If at any time [thereafter] the association fails to submit suitable amendments to the plan, the commissioner shall adopt such reasonable regulations as are necessary or advisable to effectuate the provisions of this chapter. The regulations continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.

      3.  The plan of operation must:

      (a) Establish procedures for handling the assets of the association.

      (b) Establish the amount and method of reimbursing members of the board under NRS 686C.140.

      (c) Establish regular places and times for meetings of the board.

      (d) Establish procedures for records to be kept of all financial transactions of the association, its agents and the board.

      (e) Establish the procedures whereby selections for the board will be made and submitted to the commissioner.


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ê1991 Statutes of Nevada, Page 879 (Chapter 338, SB 443)ê

 

      (f) Establish any additional procedures for assessments under NRS 686C.230 to 686C.270, inclusive.

      (g) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.

      4.  The plan of operation may provide that any or all powers and duties of the association, except those under subsection 3 of NRS 686C.220 and NRS 686C.230 to [686C.270,] 686C.280, inclusive, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. [Such a corporation, association or organization shall be reimbursed for any payments made on behalf of the association and must be paid for its performance of any function of the association. A delegation under this subsection takes effect only with the approval of both the board and the commissioner, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this chapter.]

      Sec. 44.  NRS 686C.300 is hereby amended to read as follows:

      686C.300  1.  The commissioner shall:

      (a) Notify the board of the existence of an impaired insurer not later than 3 days after a determination of impairment is made or he receives notice of impairment.

      (b) Upon request of the board, provide the association with a statement of the premiums in [the] this and any other appropriate states for each member insurer.

      (c) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the insurer is notice to its stockholders, if any. The failure of the insurer to comply with such demand promptly does not excuse the association from the performance of its powers and duties under this chapter.

      2.  The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed 5 percent of the unpaid assessment per month, but no forfeiture may be less than $100 per month.

      3.  Any action of the board or the association may be appealed to the commissioner by any member insurer if such appeal is taken within 30 days [of] after the action being appealed. If a member insurer appeals from an assessment, it shall pay the amount assessed to the association and that amount is available to meet the obligations of the association during the pendency of the appeal. If the assessment is annulled or reduced on appeal, the amount paid, or the excess, must be refunded by the association to the insurer. Any final action or order of the commissioner is subject to judicial review in a court of competent jurisdiction.

      4.  The [receiver or ancillary receiver] liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of this chapter.


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ê1991 Statutes of Nevada, Page 880 (Chapter 338, SB 443)ê

 

      Sec. 45.  NRS 686C.310 is hereby amended to read as follows:

      686C.310  To aid in the detection and prevention of [insurer impairments:] the impairment or insolvency of insurers:

      1.  The board shall, upon majority vote, notify the commissioner of any information indicating any member insurer may be [unable or potentially unable to fulfill its contractual obligations.] impaired or insolvent. The commissioner shall report to the board when he has reasonable cause to believe from any examination, whether or not completed, that any member insurer may be impaired or insolvent.

      2.  The board may, upon majority vote, request that the commissioner order an examination of any member insurer which the board in good faith believes may be [unable or potentially unable to fulfill its contractual obligations. The commissioner may conduct such examination.] impaired or insolvent. The commissioner shall begin the examination within 30 days after receiving the request. The examination may be conducted [as a] by the National Association of Insurance Commissioners [examination or may be conducted] or by such persons as the commissioner designates. The cost of [such examination shall] the examination must be paid by the association and the [examination report shall be] report treated as are other [examination reports. Such examination report shall] reports of examinations. The report must not be released to the board [prior to] before its release to the public, but this does not excuse the commissioner from his obligation to comply with subsection [3.] 1. The commissioner shall notify the board when the examination is completed. The request for an examination [shall] must be kept on file by the commissioner but it [shall not be] is not open to public inspection [prior to] before the release of the [examination] report of the examination to the public and [shall] may be released at that time only if the examination discloses that the examined insurer is [unable or potentially unable to meet its contractual obligations.

      3.  The commissioner shall report to the board when he has reasonable cause to believe that any member insurer examined at the request of the board may be unable or potentially unable to fulfill its contractual obligations.

      4.] impaired or insolvent.

      3.  The board may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer [. Such] or germane to the solvency of any person seeking admission to transact insurance in this state. These reports and recommendations [shall not be considered public documents.] are not open to public inspection.

      4.  The commissioner may seek the advice and recommendations of the board concerning any matter affecting his duties and responsibilities regarding the financial condition of member insurers and of persons seeking admission to transact insurance in this state.

      5.  The board may, upon majority vote, make recommendations to the commissioner for the detection and prevention of [insurer impairments.

      6.  The board shall, at the conclusion of any insurer impairment in which the association carried out its duties under this chapter or exercised any of its powers under this chapter, prepare a report on the history and causes of such impairment, based on the information available to the association, and submit such report to the commissioner.]


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ê1991 Statutes of Nevada, Page 881 (Chapter 338, SB 443)ê

 

impairment, based on the information available to the association, and submit such report to the commissioner.] the insolvency of insurers.

      Sec. 46.  NRS 686C.330 is hereby amended to read as follows:

      686C.330  1.  This chapter does not reduce the liability for unpaid assessments of the insureds of an impaired insurer operating under a plan with [assessment liability.] liability for assessments.

      2.  Records [shall] must be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under NRS 686C.150 to 686C.220, inclusive [.] , and sections 7 to 11, inclusive, of this act. Records of such negotiations or meetings [shall] must be made public [only] upon a majority vote of the board, upon the termination of a proceeding for liquidation, rehabilitation or conservation [proceeding] involving the impaired or insolvent insurer, upon the termination of the impairment or insolvency of the insurer, or upon the order of a court of competent jurisdiction. This subsection does not limit the duty of the association to render a report of its activities under NRS 686C.350.

      3.  For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of assets attributable to covered policies reduced by any amounts to which the association is entitled as subrogee pursuant to [subsection 1 of NRS 686C.200. All assets] NRS 686C.200. Assets of the impaired or insolvent insurer attributable to covered policies [shall] must be used to continue all covered policies and pay all contractual obligations of the impaired or insolvent insurer as required by this chapter. Assets attributable to covered policies, as used in this subsection, [is] are that proportion of the assets which the reserves that should have been established for [such] covered policies bear to the [reserve] reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer.

      4.  [Prior to] Before the termination of any proceeding for liquidation, rehabilitation or conservation , [proceeding,] the court may take into consideration the contributions of the respective parties, including the association, the shareholders and [policyowners] policyholders of the impaired or insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership [rights of such] of the impaired or insolvent insurer. In making such a determination, consideration [shall] must be given to the welfare of the policyholders of the continuing or successor insurer. No distribution to stockholders, if any, of an impaired or insolvent insurer may be made until and unless the total amount of [assessments levied by] valid claims of the association , with interest thereon, for money expended in exercising its powers and performing its duties under NRS 686C.150 and sections 7 to 11, inclusive, of this act with respect to [such] that insurer have been fully recovered by the association.

      [5.  It is a prohibited unfair trade practice for any person to make use in any manner of the protection afforded by this chapter in the sale of insurance.

      6.  In all case under this chapter:

      (a) If an order for liquidation or rehabilitation of an insurer domiciled in this state has been entered, the receiver appointed under such order shall have a right to recover on behalf of the insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the 5 years preceding the petition for liquidation or rehabilitation, subject to the limitations of paragraphs (b), (c) and (d).


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ê1991 Statutes of Nevada, Page 882 (Chapter 338, SB 443)ê

 

the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the 5 years preceding the petition for liquidation or rehabilitation, subject to the limitations of paragraphs (b), (c) and (d).

      (b) No such dividend is recoverable if the insurer shows that when paid the distribution was lawful and reasonable, and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations.

      (c) Any person who as an affiliate that controlled the insurer at the time the distributions were paid is liable up to the amount of distributions he received. Any person who was an affiliate that controlled the insurer at the time the distributions were declared, is liable up to the amount of distributions he would have received if they had been paid immediately. If two persons are liable with respect to the same distributions, they are jointly and severally liable.

      (d) The maximum amount recoverable under this subsection is the amount needed in excess of all other available assets of the impaired insurer to pay the contractual obligations of the impaired insurer.

      (e) If any person liable under paragraph (c) is insolvent, all its affiliates that controlled it at the time the dividend was paid, are jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.]

      Sec. 47.  NRS 686C.340 is hereby amended to read as follows:

      686C.340  All proceedings in which the impaired or insolvent insurer is a party in any court in this state [shall] must be stayed for 60 days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. [As to] If a judgment has been entered under any decision, order, verdict or finding based on default, the association may apply to have [such] the judgment set aside by the same court that [made such] entered the judgment and is entitled to defend against [such] the suit on the merits.

      Sec. 48.  NRS 686C.350 is hereby amended to read as follows:

      686C.350  The association is subject to examination and regulation by the commissioner. The board shall submit to the commissioner, not later than [May 1 of each] 120 days after the end of its fiscal year, a financial report [for the preceding calendar year] in a form approved by the commissioner and a report of its activities during the preceding [calendar] fiscal year.

      Sec. 49.  NRS 686C.370 is hereby amended to read as follows:

      686C.370  There is no liability on the part of and no cause of action of any nature arises against any member insurer or its agents or employees, the association or its agents or employees, members of the board or the commissioner or his representatives for any [action taken] act or omission by them in the performance of their powers and duties under this chapter. This immunity extends to participation in any organization of other state associations whose purposes are similar, and to any such organization and its agents or employees.

      Sec. 50.  NRS 686A.055 is hereby amended to read as follows:

      686A.055  A person who is an insurer or an agent or employee of an insurer shall not place before the public by any means any advertisement, announcement or statement which uses the existence of the Nevada insurance guaranty association or the Nevada life and health insurance guaranty association for the purpose of inducing the purchase of, or discouraging the termination of, any insurance covered by the association.


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ê1991 Statutes of Nevada, Page 883 (Chapter 338, SB 443)ê

 

announcement or statement which uses the existence of the Nevada insurance guaranty association or the Nevada life and health insurance guaranty association for the purpose of inducing the purchase of, or discouraging the termination of, any insurance covered by the association. This section does not apply to [the Nevada insurance guaranty association.] either of the associations named.

      Sec. 51.  NRS 696B.270 is hereby amended to read as follows:

      696B.270  1.  Upon application by the commissioner for such an order to show cause, or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court [.] , but the court shall so frame its injunction as not to prevent the Nevada life and health insurance guaranty association and the Nevada insurance guaranty association from exercising their respective powers under this Title.

      2.  The court may at any time during a proceeding under NRS 696B.010 to 696B.560, inclusive, issue such other injunctions or orders as may be deemed necessary to prevent interference with the commissioner or the proceeding, or waste of the assets of the insurer, or the commencement or prosecution of any actions, or the obtaining of preferences, judgments, attachments or other liens, or the making of any levy against the insurer or against its assets or any part thereof.

      3.  [Notwithstanding any other provision of law, no bond shall] No bond may be required of the commissioner as a prerequisite for the issuance of any injunction or restraining order pursuant to this section.

      Sec. 52.  1.  The amendatory provisions of this act apply to insurers who become impaired or insolvent on or after October 1, 1991.

      2.  The Nevada life and health insurance guaranty association shall prepare and submit the document required by section 19 of this act within 180 days after October 1, 1991.

      3.  The requirement to include the document required by section 19 of this act takes effect 60 days after the commissioner of insurance approves the document, as submitted or revised.

 

________


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ê1991 Statutes of Nevada, Page 884ê

 

CHAPTER 339, SB 455

Senate Bill No. 455–Committee on Commerce and Labor

CHAPTER 339

AN ACT relating to installment loans; allowing a person to make an installment loan on the land on which a mobile home is located if the mobile home and the land secure the loan; specifically authorizing a person who makes installment loans to conduct business within the same place of business as a mortgage company under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 13, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 675.230 is hereby amended to read as follows:

      675.230  [No] 1.  Except as otherwise provided in subsection 2, no licensee may conduct the business of making loans under this chapter within any office, suite, room or place of business in which any other business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business, unless authority to do so is given by the commissioner.

      2.  A licensee may conduct the business of making loans pursuant to this chapter in the same office or place of business as a mortgage company if:

      (a) The licensee and the mortgage company:

             (1) Operate as separate legal entities;

             (2) Maintain separate accounts, books and records;

             (3) Are subsidiaries of the same parent corporation; and

             (4) Maintain separate licenses; and

      (b) The mortgage company is licensed by this state and does not receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.

      Sec. 2.  NRS 675.350 is hereby amended to read as follows:

      675.350  No licensee may:

      1.  Take any confession of judgment or any power of attorney running to himself or to any third person to confess judgment or to appear for the borrower in a judicial proceeding.

      2.  Take any not or promise to pay which does not disclose the date and amount of the loan obligation, a schedule or description of the payments to be made thereon[,] and the rate or aggregate amount of the agreed charges.

      3.  Take any instrument in which blanks are left to be filled in after the loan is made.

      4.  Take a lien upon real property as security for any loan made under this chapter except [on a loan secured by] real property upon which is situated a mobile home or factory-built housing [which constitutes real estate or real property] that also secures the loan, and except such lien as is created by law through the rendition or recording of a judgment.

 

________


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ê1991 Statutes of Nevada, Page 885ê

 

CHAPTER 340, SB 476

Senate Bill No. 476–Committee on Human Resources and Facilities

CHAPTER 340

AN ACT relating to nursing assistants; clarifying the requirements for the administration of a training program for nursing assistants; and providing other matters properly relating thereto.

 

[Approved June 13, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 632.2856 is hereby amended to read as follows:

      632.2856  1.  The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting. The program must be completed within 3 months after the nursing assistant trainee begins employment.

      2.  Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:

      (a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and

      (b) Proof of successful completion of training for instructors which has been approved by the board.

The board may approve a licensed practical nurse as an instructor if the board determines that requiring instruction by a registered nurse would create a hardship.

      3.  Upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, he must repeat the training in the areas in which he was deficient before taking the certification examination.

      4.  In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.

      5.  The board shall adopt regulations not inconsistent with law:

      (a) Specifying the scope of the training program and the required components of the program;

      (b) Establishing standards for the approval of programs and instructors; and

      (c) Designating the basic nursing services which a nursing assistant may provide upon certification.

      6.  Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the board, and is approved by the board. Such a program must be administered through:

      (a) The University of Nevada System;


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ê1991 Statutes of Nevada, Page 886 (Chapter 340, SB 476)ê

 

      (b) A program for occupational education approved by the state board for occupational education;

      (c) A public school in this state; or

      (d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.

      7.  An educational institution or agency that administers a training program shall:

      (a) Develop or approve the curriculum for training provided in its service district;

      (b) Manage the training program; and

      (c) Work with medical and other facilities to carry out the requirements of paragraphs (a) and (b).

      Sec. 2.  Section 4 of Senate Bill No. 274 of this section is hereby amended to read as follows:

       Sec 4.  NRS 632.2856 is hereby amended to read as follows:

       632.2856  1.  The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting. [The program must be completed within 3 months after the nursing assistant trainee begins employment.]

       2.  Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:

       (a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and

       (b) Proof of successful completion of training for instructors which has been approved by the board.

The board may approve a licensed practical nurse as an instructor if the board determines that requiring instruction by a registered nurse would create a hardship.

       3.  Upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, he must repeat the training in the areas in which he was deficient before taking the certification examination.

       4.  In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.

       5.  The board shall adopt regulations not inconsistent with law:

       (a) Specifying the scope of the training program and the required components of the program;

       (b) Establishing standards for the approval of programs and instructors; and

       (c) Designating the basic nursing services which a nursing assistant may provide upon certification.

       6.  Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the board, and is approved by the board.


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

ê1991 Statutes of Nevada, Page 887 (Chapter 340, SB 476)ê

 

set forth in this chapter and in the regulations of the board, and is approved by the board. Such a program must be administered through:

       (a) The University of Nevada System;

       (b) A program for occupational education approved by the state board for occupational education;

       (c) A public school in this state; or

       (d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.

       7.  An educational institution or agency that administers a training program shall:

       (a) Develop or approve the curriculum for training provided in its service district;

       (b) Manage the training program; and

       (c) Work with medical and other facilities to carry out the requirements of paragraphs (a) and (b).

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

 

________

 

 

CHAPTER 341, SB 493

Senate Bill No. 493–Committee on Commerce and Labor

CHAPTER 341

AN ACT relating to appraisers; creating and authorizing the further creation and definitions of additional classes of appraiser to conform to federal regulations; and providing other matters properly relating thereto.

 

[Approved June 13, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Certificate” means a certificate issued to an appraiser pursuant to this chapter.

      Sec. 3.  “Certified appraiser” means an appraiser to whom a certificate has been issued pursuant to this chapter.

      Sec. 4.  NRS 645C.100 is hereby amended to read as follows:

      645C.100  “Permit” means a temporary certificate or license issued to an appraiser by the administrator pursuant to NRS 645C.360.

      Sec. 5.  NRS 645C.140 is hereby amended to read as follows:

      645C.140  The purpose of this chapter is to carry out the policy expressed in the portion of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. §§ 3331-3351) which concerns appraisers, to establish a program in this state to license and certify appraisers, and to protect [persons to whom an appraisal is communicated and other persons affected by an appraisal.] the users of appraisals in this state.

      Sec. 6.  NRS 645C.150 is hereby amended to read as follows:

      645C.150  The provisions of this chapter do not apply to:


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ê1991 Statutes of Nevada, Page 888 (Chapter 341, SB 493)ê

 

      1.  A federal or state employee, or an employee of a local government, who prepares or communicates an appraisal as part of his official duties, unless a licensee or certificate is required as a condition of his employment.

      2.  A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

      3.  A board of appraisers acting pursuant to NRS 269.135.

      4.  A person licensed pursuant to chapter 645 or 684A of NRS while he is performing an act within the scope of his license.

      5.  A person who makes an evaluation of real estate as an incidental part of his employment for which no special compensation is provided, if that evaluation is only provided to his employer for internal use within the place of his employment.

      Sec. 7.  NRS 645C.180 is hereby amended to read as follows:

      645C.180  1.  The commission of appraisers of real estate is hereby created, consisting of five members appointed by the governor.

      2.  At least two members of the commission must be residents of the southern district of Nevada, which consists of the counties of Clark, Esmeralda, Lincoln and Nye.

      3.  At least two members of the commission must be residents of the northern district of Nevada, which consists of Carson City, and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine.

      4.  Not more than two members may be appointed from any one county.

      5.  After the terms of the initial members, the commission must contain at least two members who hold [licenses] certificates as general appraisers and at least two members who hold certificates or licenses as residential appraisers.

      6.  [Members] A member of the commission [are] is eligible for reappointment, but shall not serve for a period greater than 6 years consecutively, after which [time they are] he is not eligible for appointment or reappointment until 3 years have elapsed from [their] his previous period of service.

      Sec. 8.  NRS 645C.190 is hereby amended to read as follows:

      645C.190  1.  Each member of the commission must:

      (a) Be a citizen of the United States or be lawfully entitled to remain and work in the United States;

      (b) Have been a resident of the State of Nevada for not less than 5 years;

      (c) Have been actively engaged in business as an appraiser within the state for a period of not less than 3 years immediately preceding the date of his appointment; and

      (d) After the terms of the initial members, be a certified or licensed appraiser.

      2.  Before entering upon the duties of his office, each member of the commission shall take:

      (a) The constitutional oath of office; and

      (b) An oath that he is legally qualified to serve as a member of the commission.

      Sec. 9.  NRS 645C.220 is hereby amended to read as follows:

      645C.220  1.  The division shall maintain a record of:


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ê1991 Statutes of Nevada, Page 889 (Chapter 341, SB 493)ê

 

      (a) Persons whose applications for a certificate, license or registration card have been denied;

      (b) Investigations conducted by it which result in the initiation of formal disciplinary proceedings:

      (c) Formal disciplinary proceedings; and

      (d) Rulings or decisions upon complaints filed with it.

      2.  Except as otherwise provided in this section, records kept in the office of the division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the commission. The division may keep confidential, unless otherwise ordered by a court:

      (a) Examinations for a certificate or license;

      (b) Information obtained by the division while investigating alleged violations of this chapter; and

      (c) The criminal and financial records of [a licensed] an appraiser or [registered] intern, or an applicant for a certificate, license or registration card.

      Sec. 10.  NRS 645C.260 is hereby amended to read as follows:

      645C.260  1.  Any person who, in [the State of Nevada] this state, engages in the business of, acts in the capacity of, advertises or assumes to act as:

      (a) An appraiser without first obtaining the appropriate certificate, license or permit pursuant to this chapter; or

      (b) An intern without first obtaining a registration card pursuant to this chapter,

is guilty of a misdemeanor.

      2.  The division may file a complaint in any court of competent jurisdiction for a violation of this section, and assist in presenting the law or facts at any hearing upon the complaint.

      3.  [Unless prosecuted by the attorney general, the district attorney of a county shall prosecute a violation of this section that occurs in his county.] At the request of the administrator, the attorney general shall prosecute such a violation . [in lieu of the district attorney.] Unless the violation is prosecuted by the attorney general, the district attorney shall prosecute a violation which occurs in his county.

      Sec. 11.  NRS 645C.270 is hereby amended to read as follows:

      645C.270  1.  An intern must:

      (a) Obtain a registration card from the division; and

      (b) Be associated with and supervised by [all licensed appraisers] the appraiser named in the registration card.

      2.  An intern shall not assist in the preparation or communication of an appraisal without the written authorization of the appraiser named in his registration card.

      3.  The division may deny an application for a registration card on any ground sufficient to deny an application for a certificate or license.

      Sec. 12.  NRS 645C.280 is hereby amended to read as follows:

      645C.280  1.  An appraiser [must obtain a license from the division as:

      (a) A residential appraiser, which authorizes him to prepare and communicate appraisals concerning only parcels of real estate suitable for not less than 1 nor more than 12 residential dwellings; or


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ê1991 Statutes of Nevada, Page 890 (Chapter 341, SB 493)ê

 

      (b) A general appraiser, which authorizes him to prepare and communicate appraisals concerning any type of real estate.] may obtain from the division:

      (a) A license as a residential appraiser, which authorizes him to perform an appraisal of real estate suitable for or consisting of no more than four residential units in any one transaction, if the total value does not exceed $1,000,000 and the complexity of the transaction does not, under the regulations of a federal agency or the standards adopted by the appraisal subcommittee of the Federal Financial Institutions Examination Council, require a certified appraiser;

      (b) A certificate as a residential appraiser, which authorizes him to perform an appraisal of real estate suitable for or consisting of no more than four residential units in any one transaction, without regard to value or complexity; or

      (c) A certificate as a general appraiser, which authorizes him to perform any appraisal.

      2.  A person certified or licensed as a residential appraiser may, under the direct supervision of a person [licensed] certified as a general appraiser, assist in the preparation and communication of an appraisal that is outside the scope of his certificate or license.

      3.  The commission may establish, by regulation, addition classifications of licensure or certification, and the qualifications therefor, if necessary to comply with classifications and qualifications established by the appraisal subcommittee of the Federal Financial Institutions Examination Council.

      Sec. 13.  NRS 645C.290 is hereby amended to read as follows:

      645C.290  An application for a certificate or license must be in writing upon a form prepared and furnished by the division. The application must include the following information:

      1.  The name, age and address of the applicant.

      2.  The place or places, including the street number, city and county, where the applicant intends to conduct business as an appraiser.

      3.  The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.

      4.  The periods during which, and the locations where, he gained his experience as an intern.

      5.  Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty or nolo contendere to:

      (a) A felony, and if so, the nature of the felony.

      (b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      6.  Whether the applicant has ever been refused a certificate, license or permit to act as an appraiser, or has ever had such a certificate, license or permit suspended or revoked, in any other jurisdiction.

      7.  If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.

      8.  Any other information the division requires.


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ê1991 Statutes of Nevada, Page 891 (Chapter 341, SB 493)ê

 

      Sec. 14.  NRS 645C.300 is hereby amended to read as follows:

      645C.300  1.  Every application for a certificate, license or registration card must be accompanied by the fee for the certificate, license or registration card.

      2.  Each applicant must:

      (a) At his own expense and on a card provided by the division, arrange to be fingerprinted by an agency of law enforcement; and

      (b) Attach the completed card to his application.

      3.  The division may:

      (a) Mail the card to the Federal Bureau of Investigation or any other agency of law enforcement; and

      (b) Request from such an agency any information regarding the applicant’s criminal history as the division deems necessary.

      Sec. 15.  NRS 645C.310 is hereby amended to read as follows:

      645C.310  [The division] Unless the division extends the time, it shall act upon an application for a certificate or license within 60 days after receiving the completed application. If in the opinion of the administrator additional investigation of the applicant appears necessary, the division may extend that period as long as necessary to complete the investigation before acting on the application.

      Sec. 16.  NRS 645C.320 is hereby amended to read as follows:

      645C.320  1.  The administrator shall issue a certificate or license , as appropriate, to any person:

      (a) Of good moral character, honesty and integrity;

      (b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330; and

      (c) Who has satisfactorily passed a written examination approved by the commission.

      2.  The administrator may deny an application for a certificate or license to any person who:

      (a) Has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (b) Makes a false statement of a material fact on his application; or

      (c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.

      Sec. 17.  NRS 645C.330 is hereby amended to read as follows:

      645C.330  1.  An applicant for a license as a residential appraiser must furnish proof satisfactory to the commission that he has successfully completed:

      (a) Not less than [60] 75 hours of academic instruction in subjects related to appraisals taught in courses approved by the commission; and

      (b) During the 5 years immediately preceding the date of his application, at least 2 years of experience working full time as an appraiser or intern.

      2.  An applicant for a certificate as a residential appraiser must furnish proof satisfactory to the commission that he has successfully completed:


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ê1991 Statutes of Nevada, Page 892 (Chapter 341, SB 493)ê

 

      (a) Not less than 120 hours of academic instruction in subjects related to appraisal taught in courses approved by the commission; and

      (b) During the 5 years immediately preceding the date of his application, at least 2 years of experience working full time as an appraiser or intern.

      3.  An applicant for a [license] certificate as a general appraiser must furnish proof satisfactory to the commission that he has successfully completed:

      (a) Not less than [120] 165 hours of academic instruction in subjects related to appraisals taught in courses approved by the commission; and

      (b) During the 5 years immediately preceding the date of his application, at least 3 years of experience working full time as an appraiser or intern.

      [3.] 4.  As used in this section, an “hour of academic instruction” means at least 50 minutes of actual time spent receiving instruction.

      Sec. 18.  NRS 645C.340 is hereby amended to read as follows:

      645C.340  1.  The examination must test the applicant on his knowledge and understanding of:

      (a) Subjects applicable to the type of certificate or license for which he is applying; and

      (b) Laws regarding the practice of preparing and communicating appraisals, including the provisions of this chapter and any regulations adopted pursuant thereto.

      2.  The division may hire a professional testing organization to create, administer or score the examination.

      Sec. 19.  NRS 645C.350 is hereby amended to read as follows:

      645C.350  1.  The division shall cause examinations to be conducted not less than once every 6 months.

      2.  An applicant may take the written examination before he completes the requirements for experience, but a certificate or license must not be issued until all the requirements are met.

      3.  The division shall notify each applicant in writing whether he passed or failed the examination, or has alternatively satisfied the requirements for a certificate or license pursuant to NRS 645C.360, as determined by the commission.

      Sec. 20.  NRS 645C.360 is hereby amended to read as follows:

      645C.360  1.  A certificate, license or permit may be issued under this chapter, without an examination , to a person who holds a certificate, license or permit to act as an appraiser [,] issued by another state or territory of the United States or the District of Columbia, upon a showing that the requirements for the certificate, license or permit issued in that jurisdiction are substantially equivalent to those required by this state to obtain the type of certificate, license or permit for which he is applying.

      2.  A permit may be issued for a period not to exceed 3 months.

      Sec. 21.  NRS 645C.370 is hereby amended to read as follows:

      645C.370  1.  If an applicant is denied, the division shall notify the applicant within 15 days after its decision. If the denial is on grounds other than a failure to pass the examination, the applicant may not reapply until he petitions the division for leave to file another application. The division may grant or deny that leave in its sole discretion.


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ê1991 Statutes of Nevada, Page 893 (Chapter 341, SB 493)ê

 

      2.  If the applicant, within 30 days after receipt of the notice denying his application, files a written request containing allegations which, if true, qualify the applicant for a certificate, license or registration card, the president of the commission shall set the matter for a hearing to be conducted within 90 days after receipt of the applicant’s request.

      3.  The hearing must be held at a time and place prescribed by the commission. At least 15 days before the date set for the hearing, the division shall serve the applicant with written notice of the hearing and include with the notice an exact copy of any protests filed, together with copies of all communications, reports, affidavits or depositions in possession of the division relevant to the matter in question. The notice may be served by personal delivery to the applicant, or by mailing it by certified mail to the applicant’s last known business or residential address.

      4.  The hearing may be held by the commission or a majority thereof, and a hearing must be held if the applicant so desires. A record of the proceeding, or any part thereof, must be made available to each party upon the payment to the division of the reasonable cost of transcription.

      5.  The commission shall render a decision on the matter within 60 days after the final hearing and notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.

      Sec. 22.  NRS 645C.380 is hereby amended to read as follows:

      645C.380  The decision, upon the discovery of any error in the issuance of a certificate, license or registration card which is related to the qualifications or fitness of the holder thereof, may invalidate the certificate, license or registration card upon notice in writing to the holder. The holder shall surrender the certificate, license or registration card to the division within 20 days after the notice is sent by the division. A person whose certificate, license or registration card is invalidated pursuant to this section, and who has surrendered his certificate, license or registration card, may request a hearing on the matter as for the denial of an application pursuant to NRS 645C.370.

      Sec. 23.  NRS 645C.390 is hereby amended to read as follows:

      645C.390  1.  The division shall issue a certificate, license or registration card to each eligible person in the form and size prescribed by the commission. A certificate, license or registration card must:

      (a) Show the name and address of the [licensed] appraiser or [registered] intern and the location of each place where he transacts business as an appraiser or intern;

      (b) Have imprinted thereon the seal of the commission; and

      (c) Contain any additional matter prescribed by the commission.

      2.  A certificate, license or registration card is valid for 2 years after the first day of the first calendar month immediately following the date it is issued.

      3.  If [a licensed] an appraiser fails to apply for the renewal of his certificate or license and pay the fee for renewal before the certificate or license expires, and then applies for renewal:

      (a) No later than 1 year after the date of expiration, he must pay a fee equal to 150 percent of the amount otherwise required for renewal.


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ê1991 Statutes of Nevada, Page 894 (Chapter 341, SB 493)ê

 

      (b) Later than 1 year after the date of expiration, he must apply in the same manner as for an original certificate or license.

      Sec. 24.  NRS 645C.400 is hereby amended to read as follows:

      645C.400  1.  [A licensed] An appraiser shall maintain a principal office for the transaction of his business as an appraiser. If he maintains additional offices in this state, he must obtain a duplicate certificate or license from the division for each additional office. The appraiser shall display his certificate or license conspicuously in each of his offices.

      2.  [A licensed] An appraiser shall give written notice to the division and surrender his certificate or license within 10 days after any change in the name of his business or the location of an office. Upon the surrender of the certificate or license and the payment of the appropriate fee, the division shall issue a certificate or license valid for the remaining period of the original certificate or license.

      3.  [A licensed] An appraiser shall maintain a record of each appraisal he prepares for not less than 5 years after completion of the appraisal, and notify the division of the location where the record is stored and of any change in that location.

      4.  Failure to give any notice pursuant to this section is cause for the revocation or suspension of the certificate or license or placement of the certificate or license on inactive status.

      Sec. 25.  NRS 645C.410 is hereby amended to read as follows:

      645C.410  1.  If an intern for any reason terminates his association with [a licensed] an appraiser, the appraiser shall:

      (a) Immediately deliver or mail by certified mail to the division the intern’s registration card, together with a written statement of the circumstances surrounding the termination of the association and a copy of the notice required by paragraph (b); and

      (b) At the time of delivering or mailing the registration card to the division, advise the intern that his registration card has been forwarded to the division by mailing notice of that fact to the intern’s last known residential address.

      2.  The registration card must be suspended if the intern does not become associated with another certificate or licensed appraiser within 30 days after the termination of his previous association.

      3.  The intern shall not assist in the preparation or communications, whether directly or indirectly, of an appraisal under the authority of his registration card from the date that the registration card is delivered or mailed by the appraiser with whom his association was terminated to the division, until the date that a new registration card is issued naming another [licensed] appraiser with whom the intern has become associated.

      Sec. 26.  NRS 645C.420 is hereby amended to read as follows:

      645C.420  1.  The division may place a certificate or license on inactive status:

      (a) At the request of the appraiser;

      (b) For failure of the appraiser to notify the division pursuant to NRS 645C.400 of any change in the name or location of his business, or of the location or any change in the location where his records are stored;


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ê1991 Statutes of Nevada, Page 895 (Chapter 341, SB 493)ê

 

      (c) For failure to apply and pay the fee for renewal before the expiration of the certificate or license; or

      (d) As a result of a disciplinary proceeding against the appraiser.

      2.  An appraiser whose certificate or license has been placed on inactive status not prepare or communicate appraisals until he meets all the requirements for the reinstatement of his certificate or license.

      3.  A certificate or license may be reinstated upon submission of the required fee and proof of completion of the required hours of continuing education, and upon approval by the division.

      Sec. 27.  NRS 645C.430 is hereby amended to read as follows:

      645C.430  1.  An appraiser must complete the following number of hours of continuing education in courses approved by the commission as a condition to the renewal of an active certificate or license or the reinstatement of an inactive certificate or license:

      (a) For the renewal of an active certificate or license, at least 20 hours of instruction within the 2 years immediately preceding the application for renewal.

      (b) For the reinstatement of a certificate or license which has been on inactive status:

             (1) For not more than 2 years, or for more than 2 years including the initial period of certification or licensure, at least 20 hours of instruction.

             (2) For more than 2 years but not more than 4 years, no part of which includes the initial period of certification or licensure, at least 40 hours of instruction.

             (3) For more than 4 years, no part of which includes the initial period of certification or licensure, at least 10 hours of instruction for each year that the certificate or license was on inactive status, not to exceed 60 hours of instruction.

      2.  As used in this section, an “hour of instruction” means at least 50 minutes of actual time spent receiving instruction.

      Sec. 28.  NRS 645C.440 is hereby amended to read as follows:

      645C.440  1.  The commission shall adopt regulations governing the continuing education of certified or licensed appraisers. The regulations must include the criteria for approving each course and the requirements for submission of proof of attendance at a course.

      2.  In approving courses for continuing education the commission shall authorize a variety of subjects and give consideration to specialized areas of practice and the availability of programs. An appropriate educational course given by an accredited university or community college must be approved by the commission.

      Sec. 29.  NRS 645C.450 is hereby amended to read as follows:

      645C.450  The following fees may be charged and collected by the division:

 

Application for a certificate, license or registration card ..........       $100

Examination for a certificate or license ................................. [55]       100

Issuance or renewal of a certificate or license as a residential appraiser      250