[Rev. 1/16/2013 4:33:58 PM]

Link to Page 1800

 

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ê1995 Statutes of Nevada, Page 1801 (Chapter 535, SB 517)ê

 

      Sec. 2.  “Finance charge” means the cost of credit indicated in a dollar amount. The term includes any charge payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as an incident to or a condition of the extension of credit. The term does not include any charge of a type payable in a comparable cash transaction.

      Sec. 3.  1.  A retail seller shall be deemed to be a payee with respect to any payment made on an account of a buyer by a check or other negotiable instrument.

      2.  Upon the posting of a payment to an account of a buyer, a retail seller has changed his position in reliance thereon if the payment was made by a check or other negotiable instrument.

      3.  A payment made on an account of a buyer by a check or other negotiable instrument is received by the retail seller in good faith if the retail seller did not have actual knowledge that the check or other negotiable instrument was forged, altered or unauthorized when it was posted to the account.

      4.  An action or proceeding brought to determine liability for an allegedly forged, altered or unauthorized check or other negotiable instrument used to make payment on an account of a buyer must be determined pursuant to the provisions of chapter 104 of NRS.

      Sec. 4.  NRS 97.015 is hereby amended to read as follows:

      97.015  As used in this chapter, [the following terms have the meanings attributed to them in NRS 97.021 to 97.145, inclusive,] unless the context otherwise requires [.] , the words and terms defined in NRS 97.025 to 97.145, inclusive, and sections 1.5 and 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 97.075 is hereby amended to read as follows:

      97.075  “Rate” means the percentage which, when multiplied times the unpaid balance for each month or other installment period, yields the amount of the [interest] finance charge for that month or period.

      Sec. 6.  NRS 97.085 is hereby amended to read as follows:

      97.085  “Retail buyer” or “buyer” means a person [or a cardholder] who buys or hires goods [,] from, or gives or agrees to give a security interest in goods [, or agrees to do so,] to, or agrees to have services rendered or furnished from , a retail seller.

      Sec. 7.  NRS 97.095 is hereby amended to read as follows:

      97.095  “Retail charge agreement,” [“revolving charge agreement” or “charge agreement”] means an agreement entered into or performed in this state prescribing the terms of retail installment transactions [which may be made thereunder from time to time by use of a credit card issued by the seller, by a business organization or financial institution, or otherwise] in which the buyer may pay, in installments, to a retail seller, the unpaid balance due in a retail installment transaction, whether or not a security interest in the goods sold is retained by the seller, and under the terms of which [interest] a finance charge is to be computed in relation to the buyer’s unpaid balance from time to time.

      Sec. 8.  NRS 97.115 is hereby amended to read as follows:

      97.115  “Retail installment transaction” means a transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract or a retail charge agreement which provides for [interest] a finance charge and under which the buyer agrees to pay the [time balance] total of payments in one or more installments.


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ê1995 Statutes of Nevada, Page 1802 (Chapter 535, SB 517)ê

 

[interest] a finance charge and under which the buyer agrees to pay the [time balance] total of payments in one or more installments.

      Sec. 9.  NRS 97.125 is hereby amended to read as follows:

      97.125  “Retail seller” or “seller” means:

      1.  A person engaged in the business of selling or leasing goods or services to retail buyers [;] or a licensee, franchisee, assignee or corporate affiliate or subsidiary of such a person; or

      2.  A [business organization or] person, other than a financial institution [which issues or otherwise distributes a credit card to be used in connection with a retail charge agreement.] , who enters into agreements prescribing the terms for the extension of credit pursuant to which the person may, with the buyer’s consent, purchase or acquire one or more obligations of the buyer to a retail seller if the purchase, lease, loan or other obligation to be paid in accordance with the agreement is evidenced by a sales slip or memorandum.

      Sec. 10.  NRS 97.145 is hereby amended to read as follows:

      97.145  [“Time balance” means the initial balance plus interest.] “Total of payments” means the amount financed plus the finance charge.

      Sec. 10.5.  NRS 97.165 is hereby amended to read as follows:

      97.165  1.  Every retail installment contract must be contained in a single document which must contain the entire agreement of the parties, including any promissory notes or other evidences of indebtedness between the parties relating to the transaction, except as otherwise provided in NRS 97.205 and 97.235, but:

      (a) [Where] If the buyer’s obligation to pay the [time balance] total of payments is represented by a promissory note secured by a chattel mortgage or other security agreement, the promissory note may be a separate instrument if the mortgage or security agreement recites the amount and terms of payment of [such] that note and the promissory note recites that it is secured by a mortgage or security agreement.

      (b) In a transaction involving the repair, alteration or improvement upon or in connection with real property, the contract may be secured by a mortgage or deed of trust on the real property contained in a separate document. [Home improvement retail] Retail sales transactions for home improvements which are financed or insured by the Federal Housing Administration are not subject to the provisions of this chapter.

      2.  The contract must be dated, signed by the retail buyer and completed as to all essential provisions, except as otherwise provided in NRS 97.205, 97.215 and 97.235. The printed or typed portion of the contract, other than instructions for completion, must be in a size equal to at least 8-point type.

      3.  Any fee charged to the retail buyer for his cancellation of a retail installment contract within 72 hours after its execution is prohibited unless notice of the fee is clearly set forth in the printed or typed portion of the contract.

      Sec. 11.  NRS 97.185 is hereby amended to read as follows:

      97.185  1.  A retail installment contract must contain the names of the seller and the buyer, the place of business of the seller, the residence or other address of the buyer as specified by the buyer and a description or identification of the goods sold or to be sold, or services furnished or rendered or to be furnished or rendered.


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ê1995 Statutes of Nevada, Page 1803 (Chapter 535, SB 517)ê

 

furnished or rendered. The contract also must contain the following items, which must be set forth substantially in the sequence appearing below:

      (a) The cash sale price of each item of goods or services.

      (b) The amount of the buyer’s down payment, identifying the amounts paid in money and allowed for goods traded in.

      (c) The difference between paragraphs (a) and (b).

      (d) The aggregate amount, if any, included for insurance, specifying the type or types of insurance and the terms of coverage.

      (e) The aggregate amount of official fees.

      (f) The [initial balance,] amount financed, which is the sum of paragraphs (c), (d) and (e).

      (g) The amount of [interest.] the finance charge.

      (h) The amount of the [time balance] total of payments owed by the buyer to the seller, which is the sum of paragraphs (f) and (g).

      (i) The number of installments required to pay the [time balance,] total of payments, the amount of each installment, and the date for payment of the installments. If the final payment substantially exceeds the other scheduled installments, it must be set forth separately.

      2.  Additional items may be included in the contract to explain the calculations involved in determining the amount to be paid by the buyer.

      Sec. 12.  NRS 97.195 is hereby amended to read as follows:

      97.195  The amount of [interest] the finance charge in any retail installment contract and of any other fee, expense or charge may be any amount agreed upon by the parties. [Such a contract may provide for:

      1.  A charge for delinquency on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $2, whichever is greater, but not more than $15.

      2.  Reasonable costs of collection and attorney’s fee in the event of delinquency.

      3.  The imposition of any other fee, expense or charge to which the parties may agree.]

      Sec. 13.  NRS 97.225 is hereby amended to read as follows:

      97.225  1.  Notwithstanding the provisions of any retail installment contract to the contrary, [and] if the rights of the buyer have not been terminated or forfeited under the terms of the contract, the buyer may prepay in full the unpaid [time balance] total of payments thereof at any time before its final due date and, if he does so, and if the contract is not in default under any term or condition of the contract more than 2 months, he is entitled to a refund of the unearned portion of the [interest] finance charge for the prepayment. The amount of the refund must be computed by applying the agreed rate of [interest] the finance charge to the unpaid [time balance.] total of payments. Any greater amount of [interest] the finance charge which may have been precomputed and included in the balance due must be refunded.

      2.  This section does not preclude the imposition of any penalty for prepayment to which the parties may agree when the contract is executed.

      Sec. 14.  NRS 97.235 is hereby amended to read as follows:

      97.235  1.  If retail installment purchases are made by a buyer from a seller, the subsequent retail installment purchases may, by agreement of the parties, be consolidated with a prior retail installment contract. The [interest] finance charge for the consolidated contract must not, however, exceed the aggregate of the [interest] finance charge for:

 


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ê1995 Statutes of Nevada, Page 1804 (Chapter 535, SB 517)ê

 

finance charge for the consolidated contract must not, however, exceed the aggregate of the [interest] finance charge for:

      (a) The original contract and any extension thereof by virtue of the consolidation; and

      (b) The subsequent installment purchase or purchases.

      2.  In the event of such consolidation, in lieu of the buyer’s executing a retail installment contract respecting each subsequent purchase, it is sufficient if the seller prepares a written memorandum of each subsequent purchase, in which case the provisions of NRS 97.165, 97.175 and 97.185 do not apply. Unless previously furnished in writing to the buyer by the seller, by sales slip, memorandum or otherwise, the memorandum must set forth with respect to each subsequent purchase the items set forth in paragraphs (a) to (f), inclusive, of subsection 1 of NRS 97.185, and in addition:

      (a) The unpaid balance of the previous contract or contracts;

      (b) The consolidated unpaid balance;

      (c) The amount of [interest;] the finance charge;

      (d) The consolidated [time balance;] total of payments; and

      (e) The revised installments applicable to the consolidated [time balance,] total of payments, if any, in accordance with NRS 97.185.

The seller shall deliver to the buyer a copy of the memorandum before the due date of the first installment of the consolidated contract.

      3.  When a subsequent purchase is made, the entire amount of all payments made previous thereto must be applied toward the payment of the previous time sale price or time sale prices. Each payment thereafter received must be allocated to all of the various time sale prices in the same ratio as the original cash sale prices of the various purchases bear to one another. However, the amount of any initial or down payment on the subsequent purchase must be allocated in its entirety to that purchase.

      4.  A retail installment contract may be contained in more than one document, if one such document is an original document signed by the retail buyer, stated to be applicable to purchases of goods or services to be made by the retail buyer from time to time. In that case the document, together with the sales slip, account book or other written statement relating to each purchase must set forth all of the information required by NRS 97.185 and constitutes the retail installment contract for each purchase. On each succeeding purchase pursuant to the original document, the sales slip, account book or other written statement may at the option of the seller constitute the memorandum required by this section.

      Sec. 15.  NRS 97.245 is hereby amended to read as follows:

      97.245  1.  The amount of [interest] the finance charge in any retail charge agreement may be any amount, and the agreement may provide for the imposition of any fee, expense or charge, agreed upon by the parties.

      2.  At or before the time a retail charge agreement is made the seller shall advise the buyer in writing, on the application form or otherwise, or orally, that [interest] the finance charge will be computed on the outstanding balance for each month , [(] which need not be a calendar month , [)] or other regular period agreed upon, the schedule or rate by which the [interest] finance charge will be computed, and that the buyer may at any time pay [his] the total unpaid balance. If the information is given orally, the seller shall, upon approval of the buyer’s credit, deliver [to the buyer] or mail to [him at his] the buyer at the buyer’s address a memorandum setting forth the information.


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ê1995 Statutes of Nevada, Page 1805 (Chapter 535, SB 517)ê

 

approval of the buyer’s credit, deliver [to the buyer] or mail to [him at his] the buyer at the buyer’s address a memorandum setting forth the information.

      3.  The seller or holder of a retail charge agreement shall promptly supply the buyer with a statement as of the end of each monthly period, which need not be a calendar month, or other regular period agreed upon, in which there is any unpaid balance thereunder. The statement must set forth the following:

      (a) The unpaid balance under the retail charge agreement at the beginning and end of the period;

      (b) Unless otherwise furnished by the seller to the buyer by sales slip, memorandum or otherwise, a description or identification of the goods or services purchased during the period, the cash sale price and the date of each purchase;

      (c) The payments made by the buyer to the seller and any other credits to the buyer during the period; and

      (d) The amount, if any, of any [interest,] finance charge, fee, expense or charge for the [period; and

      (e) A legend to the effect that the buyer may at any time pay his total unpaid balance.] period.

      4.  If a change is to be made in the terms of a retail charge agreement previously disclosed to the buyer, the seller shall mail or deliver to the buyer a written disclosure of the proposed change not less than 15 days before the effective date of the change. No notice is required if the change involves:

      (a) Charges for late payment, documentary evidence or exceeding an agreed limit;

      (b) A reduction of any component of a finance or other charge;

      (c) Suspension of future credit or termination of an account or plan; or

      (d) The result of an agreement involving a court proceeding or of the consumer’s default or delinquency, unless an increase is made in the periodic rate or other finance charge.

      Sec. 16.  NRS 97.265 is hereby amended to read as follows:

      97.265  If the cost of any insurance is included in the retail installment contract or retail charge agreement:

      1.  The contract or agreement must state the nature, purpose, term and amount of the insurance, and in connection with the sale of a motor vehicle, the contract must state that the insurance coverage ordered under the terms of [this] the contract does not include “bodily injury liability,” “public liability,” and “property damage liability” coverage, where such coverage is in fact not included.

      2.  The contract or agreement must state whether the insurance is to be procured by the buyer or the seller.

      3.  The amount included for such insurance must not exceed the premiums chargeable in accordance with the rate fixed for such insurance by the insurer, except where the amount is less than $1.

      4.  If the insurance is to be procured by the seller or holder, he shall, within 45 days after delivery of the goods or furnishing of the services under the contract, deliver, mail or cause to be mailed to the buyer, at [his] the buyer’s address as specified in the contract, a notice thereof or a copy of the policy or policies of insurance or a certificate or certificates of the insurance so procured.


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ê1995 Statutes of Nevada, Page 1806 (Chapter 535, SB 517)ê

 

      5.  If any goods included in the down payment are insured, and the insurance policy or rights thereunder are assigned to the seller, the amount realized on the assignment must be refunded to the buyer or credited on the next payment due under the contract or agreement.

      6.  If the contract or agreement requires the buyer to procure and furnish insurance acceptable to the seller and the buyer fails so to provide or such insurance as procured by the buyer is canceled or expires, the seller may procure the insurance in such form as the seller may deem necessary, and the cost thereof together with [interest] a finance charge may be added to the unpaid [time balance.] total of payments.

      Sec. 17.  NRS 97.285 is hereby amended to read as follows:

      97.285  The [limitation imposed upon interest by this chapter is] provisions of this chapter governing retail installment transactions are exclusive, and the provisions of any other [law limiting rates of interest] statute do not apply to [contracts or agreements] retail installment transactions governed by this chapter. If there is a conflict between the provisions of this chapter and any other statute, the provisions of this chapter control.

      Sec. 18.  NRS 97.299 is hereby amended to read as follows:

      97.299  1.  The commissioner of financial institutions shall prescribe, by regulation, forms for the application for credit and contracts to be used in the sale of vehicles if:

      (a) The sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle;

      (b) The application for credit is made to or through the seller of the vehicle;

      (c) The seller is a dealer; and

      (d) The sale is not a commercial transaction.

      2.  The forms prescribed pursuant to subsection 1 must meet the requirements of NRS 97.165, must be accepted and acted upon by any lender to whom the application for credit is made and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must:

      (a) Identify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased.

      (b) In specifying the amount of the buyer’s down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacture’s rebate applied to the down payment.

      (c) Contain a description of any property given in trade as part of the down payment.

      (d) Contain a description of the method for calculating the unearned portion of the [interest] finance charge upon prepayment in full of the unpaid [time balance] total of payments as prescribed in NRS 97.225.

      (e) Include the following notice in at least 10-point bold type:

 

NOTICE TO BUYER

       Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the [interest.]


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ê1995 Statutes of Nevada, Page 1807 (Chapter 535, SB 517)ê

 

indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the [interest.] finance charge. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.

 

      3.  If a change in state or federal law requires the commissioner to amend the forms prescribed pursuant to subsection 1, the commissioner need not comply with the provisions of chapter 233B of NRS when making those amendments.

      4.  As used in this section:

      (a) “Commercial transaction” means any sale of a vehicle to a buyer who purchases the vehicle solely or primarily for commercial use or resale.

      (b) “Dealer” has the meaning ascribed to it in NRS 482.020.

      Sec. 19.  NRS 97.305 is hereby amended to read as follows:

      97.305  A seller who enters into a contract or retail charge agreement which does not comply with the provisions of this chapter or who violates any provision of this chapter, and a lender who violates NRS 97.301, except as a result of an accidental or bona fide error is barred from the recovery of any [interest,] finance charge, official fees, or any charge for delinquency or collection under or in connection with the related retail installment contract or purchase under a retail charge agreement; but the seller or lender may nevertheless recover from the buyer an amount equal to the cash price of the goods or services and the cost to the seller or lender of any insurance included in the transaction.

      Sec. 20.  NRS 97.021, 97.023, 97.027, 97.045, 97.049, 97.254, 97.295 and 97.303 are hereby repealed.

 

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CHAPTER 536, SB 519

Senate Bill No. 519–Committee on Taxation

CHAPTER 536

AN ACT relating to taxation; revising the provisions governing the taxation of property that is exempt from taxation when it is leased to an entity which is not exempt from taxation; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.157 is hereby amended to read as follows:

      361.157  1.  When any real estate or portion of real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation to the extent the:


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ê1995 Statutes of Nevada, Page 1808 (Chapter 536, SB 519)ê

 

      (a) Portion of the property leased or used; and

      (b) Percentage of time during the fiscal year that the property is leased by the lessee or used by the user,

can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.

      2.  Subsection 1 does not apply to:

      (a) Property located upon or within the limits of a public airport, park, market [,] or fairground or [upon similar property which is available to the use of the general public;] any property owned by a public airport;

      (b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;

      (c) Property of any state-supported educational institution;

      (d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;

      (e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;

      (f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of employment, training and rehabilitation, regardless of whether the property is owned by the federal, state or a local government;

      (g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;

      (h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;

      (i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;

      (j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;

      (k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons with low incomes;

      (l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or

      (m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.

      3.  Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and , if unpaid , are recoverable by the county in the proper court of the county.


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ê1995 Statutes of Nevada, Page 1809 (Chapter 536, SB 519)ê

 

      Sec. 2.  NRS 361.159 is hereby amended to read as follows:

      361.159  1.  Except as otherwise provided in subsection 3, when personal property, or a portion of personal property, which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation to the extent the:

      (a) Portion of the property leased or used; and

      (b) Percentage of time during the fiscal year that the property is leased to the lessee or used by the user,

can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.

      2.  Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.

      3.  The provisions of this section do not apply to personal property [used] :

      (a) Used in vending stands operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of employment, training and rehabilitation.

      (b) Owned by a public airport.

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

      Sec. 4.  This act becomes effective upon passage and approval.

 

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CHAPTER 537, AB 50

Assembly Bill No. 50–Committee on Taxation

CHAPTER 537

AN ACT relating to municipal obligations; authorizing a local government to issue medium-term obligations in lieu of short-term financing; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 6, inclusive, of this act.

      Sec. 1.5.  As used in sections 1.5 to 6, inclusive, of this act:

      1.  “Local government” has the meaning ascribed to it in NRS 354.474.

      2  “Medium-term obligation” includes an obligation created by a transaction described in NRS 350.800 if the obligation:


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ê1995 Statutes of Nevada, Page 1810 (Chapter 537, AB 50)ê

 

      (a) Is required to be counted against any limit upon the debt of a local government; or

      (b) Is not required to be counted against any limit upon the debt of a local government and:

             (1) Exceeds $100,000 for a local government in a county whose population is 100,000 or more; or

             (2) Exceeds $50,000 for a local government in a county whose population is less than 100,000.

      Sec. 2.  1.  If the public interest requires a medium-term obligation, the governing body of any local government, by a resolution adopted by two-thirds of its members, may authorize a medium-term obligation. The resolution must contain:

      (a) A finding by the governing body that the public interest requires the medium-term obligation; and

      (b) A statement of the facts upon which the finding is based.

      2.  Before the adoption of any such resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon the resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity is a proper charge against its general fund.

      Sec. 3.  Except as otherwise provided in NRS 496.155:

      1.  Upon the adoption of a resolution for a medium-term obligation, as provided in section 2 of this act, by a local government, a certified copy thereof must be forwarded to the executive director of the department of taxation. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the local government concerned and the probable ability of the local government to repay the requested medium-term obligation, approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.

      2.  If the executive director of the department of taxation does not approve the resolution for the medium-term obligation, the governing board of the local government may appeal the executive director’s decision to the Nevada tax commission.

      Sec. 4.  1.  Whenever the governing body of any local government is authorized to enter into a medium-term obligation as provided in section 3 of this act, the governing body may issue, as evidence thereof, negotiable notes, leases, other evidence of a transaction described in NRS 350.800, or short-time negotiable bonds.

      2.  Except as otherwise provided in subsection 5 of NRS 496.155, the negotiable notes or bonds:

      (a) Must mature not later than 10 years after the date of issuance.

      (b) Must bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.


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ê1995 Statutes of Nevada, Page 1811 (Chapter 537, AB 50)ê

 

      (c) May, at the option of the local government, contain a provision which allows redemption of the notes or bonds before maturity, upon such terms as the governing body determines.

      3.  If the maximum term of the financing is more than 5 years, the term may not exceed the estimated useful life of the asset to be purchased with the proceeds from the financing.

      Sec. 5.  1.  After a medium-term obligation has been authorized as provided in section 3 of this act and if, in the judgment of the governing board of the local government, the fiscal affairs of the local government can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of the local government, the governing board may transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, money sufficient to meet the purpose of the medium-term obligation.

      2.  When such a transfer is made, the governing board of the local government shall comply with the provisions of section 6 of this act, and when the special tax is thereafter collected, the amount so collected must be placed immediately in the fund from which the loan was made.

      3.  In cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the executive director of the department of taxation is or will not be needed for the purposes of the fund in the ordinary course of events, the special tax need not be levied, collected and placed in the fund from which the loan was made, but the transfer shall be deemed refunded for all purposes of sections 3 to 6, inclusive, of this act.

      Sec. 6.  1.  At the first tax levy following the creation of any medium-term indebtedness, the governing board of any local government shall, if necessary, levy a tax sufficient to pay the medium-term indebtedness. The tax must be designated “County of ................ Special Tax,” “City of ................ Special Tax,” “Town of ................ Special Tax,” “................ School District Special Tax,” “................ Agricultural Association Special Tax,” or “................ District Special Tax,” as the case may be, the proceeds of which must be placed in a medium-term debt service fund in the treasury of the county or city, or in a medium-term debt service fund in the county treasury in the cases of towns, school districts, irrigation districts, special districts or agricultural associations, to be used solely to redeem the medium-term indebtedness for which the tax is levied.

      2.  The treasurer of any county is authorized, upon receipt of a written resolution of the governing board of any local government for which a special tax fund is maintained, to transfer the money remaining in the medium-term debt service fund of that local government to the general fund of that local government after payment in full of the indebtedness and the interest thereon.

      Sec. 7.  NRS 350.001 is hereby amended to read as follows:

      350.001  As used in NRS 350.002 to 350.006, inclusive, unless the context otherwise requires:

      1.  “Commission” means a debt management commission created pursuant to NRS 350.002.


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ê1995 Statutes of Nevada, Page 1812 (Chapter 537, AB 50)ê

 

      2.  “General obligation debt” means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term [:

      (a) Includes:

             (1) Debt] includes debt represented by local government securities issued pursuant to this chapter [; and

             (2) Debt] and debt created for [short-term financing pursuant to NRS 354.430 to 354.460, inclusive, if the debt is payable from a special tax which is exempt from the limitation on taxes ad valorem pursuant to subsection 3 of NRS 354.430.

      (b) Except as otherwise provided in subparagraph (2) of paragraph (a), does not include debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive.] a medium-term obligation pursuant to sections 3 to 6, inclusive, of this act.

      3.  “Special elective tax” means a tax imposed pursuant to NRS 354.59817, 354.5982, 387.197, 387.3285 or 387.3287.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 350.020 is hereby amended to read as follows:

      350.020  1.  Except as otherwise permitted by subsection 3, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next primary or general municipal election or primary or general state election.

      2.  A special election may be held only if the governing body of the municipality determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

      3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may incur this general obligation without an election unless, within 30 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition.


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ê1995 Statutes of Nevada, Page 1813 (Chapter 537, AB 50)ê

 

becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Publication must be made once in a newspaper of general circulation in the municipality.

      4.  A municipality may issue special or medium-term obligations without an election.

      Sec. 10.  NRS 350.575 is hereby amended to read as follows:

      350.575  1.  Upon the adoption of a resolution to finance the preservation or restoration of a historic structure, in the manner provided in [NRS 354.618,] section 2 of this act, by a municipality, a certified copy thereof must be forwarded to the executive director of the department of taxation, accompanied by a letter from the office of historic preservation of the department of museums, library and arts certifying that the preservation or restoration conforms to accepted standards for such work. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the municipality concerned and the probable ability of the municipality to repay the requested financing, [either] approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.

      2.  If the executive director of the department of taxation does not approve the financing resolution, the governing board of the municipality may appeal the executive director’s decision to the Nevada tax commission.

      3.  [For the purposes of] As used in this section, “historic structure” means a building, facility or other structure which is eligible for listing in the state register of historic places under NRS 383.085.

      Sec. 11.  NRS 244.3358 is hereby amended to read as follows:

      244.3358  1.  A county whose population is less than 100,000 may by ordinance assign to a district created pursuant to chapter 318 of NRS which has been granted the basic power of furnishing recreational facilities all or any portion of the proceeds of any tax on the revenues from the rental of transient lodging which is imposed by the county and collected within the boundaries of the district, except the tax imposed pursuant to NRS 244.3352 or a tax imposed pursuant to NRS 244.3351.

      2.  The district may use the proceeds assigned pursuant to subsection 1 for any purpose authorized pursuant to NRS 318.143.

      3.  The district may, with the consent of the board of county commissioners, irrevocably pledge the proceeds assigned pursuant to subsection 1 for:

      (a) The repayment of any bonds or short-term or medium-term obligations issued pursuant to chapter 318 [, 350 or 354] or 350 of NRS for any lawful purpose pertaining to the furnishing of recreational facilities; or

      (b) The refinancing of any such bonds or obligations.


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ê1995 Statutes of Nevada, Page 1814 (Chapter 537, AB 50)ê

 

The consent of the board of county commissioners must be given by resolution. If any proceeds are pledged pursuant to this subsection, the assignment of the proceeds may not be revoked until the bonds or short-term or medium-term obligations for which the proceeds were pledged have been completely repaid.

      4.  No assignment may be made pursuant to this section which is inconsistent with an assignment made or contract entered into for the purposes of NRS 244A.597 to 244A.655, inclusive.

      5.  A county which makes an assignment pursuant to this section may retain an amount equal to the reasonable cost of collecting the tax, which must not exceed 2 percent of the proceeds of the tax for any period of collection.

      Sec. 12.  NRS 244.3661 is hereby amended to read as follows:

      244.3661  1.  Except as otherwise provided in NRS 704.664, a board of county commissioners may, by ordinance, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the county to acquire and construct a new facility for the treatment of water for public or private use, or both. The tax must be imposed on customers of suppliers of water that are capable of using the water treatment services provided by the facility to be financed with the proceeds of the tax.

      2.  An excise tax imposed pursuant to subsection 1 may be levied at different rates for different classes of customers or to take into account differences in the amount of water used or estimated to be used or the size of the connection.

      3.  The ordinance imposing the tax must provide the:

      (a) Rate or rates of the tax;

      (b) Procedure for collection of the tax;

      (c) Duration of the tax; and

      (d) Rate of interest that will be charged on late payments.

      4.  Late payments of the tax must bear interest at a rate not exceeding 2 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest which may accrue thereon are paid. The county shall enforce the lien in the same manner as provided in NRS 361.565 to 361.730, inclusive, and section 1 of [this act,] Senate Bill No. 309 of this session, for property taxes.

      5.  A county may:

      (a) Acquire and construct a new facility for the treatment of water for public or private use, or both.

      (b) Finance the project by the issuance of general obligation bonds, medium-term obligations or revenue bonds or other securities issued pursuant to chapter 350 of NRS, or by installment purchase financing pursuant to NRS 350.800.

      (c) Enter into an agreement with a public utility which provides that:

             (1) Water treatment services provided by the facility will be made available to the public utility; or

             (2) The public utility will operate and maintain the facility, or both.


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ê1995 Statutes of Nevada, Page 1815 (Chapter 537, AB 50)ê

 

or both. An agreement entered into pursuant to this paragraph may extend beyond the terms of office of the members of the board of county commissioners who voted upon it.

      6.  A county may pledge any money received from the proceeds of a tax imposed pursuant to this section for the payment of general or special obligations issued for a new facility for the treatment of water for public or private use, or both. Any money pledged by the county pursuant to this subsection may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      7.  As used in this section, “public utility” has the meaning ascribed to it in NRS 704.020 and does not include the persons excluded by NRS 704.030.

      Sec. 13.  NRS 244A.617 is hereby amended to read as follows:

      244A.617  The board of county commissioners of any county proceeding under the provisions of NRS 244A.597 to 244A.655, inclusive, is authorized to advance such [funds] money to the board as may be necessary to pay the preliminary organization, administration and engineering costs thereof, including bond elections as provided in NRS 244A.597 to 244A.655, inclusive, on such terms of repayment as may be agreed upon, and the county is authorized to secure the necessary [funds] money in the manner provided by law authorizing [short-term loans.] medium-term obligations.

      Sec. 14.  NRS 271.538 is hereby amended to read as follows:

      271.538  If there is not sufficient money in the general fund of the municipality and if the requirements of chapter [354] 350 of NRS, with respect to [short-term financing,] medium-term obligations, are met, money may be provided by [short-term financing] a medium-term obligation to cover the cost of an improvement made pursuant to NRS 271.536. In such case, the loan must be repaid from the special assessments made, in lieu of the special tax required by chapter [354] 350 of NRS.

      Sec. 15.  NRS 318.118 is hereby amended to read as follows:

      318.118  1.  In the case of a district created wholly or in part for exterminating and abating mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, the board may:

      (a) Take all necessary or proper steps for the extermination of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica from that territory migrate or are caused to be carried into the district;

      (b) Subject to the paramount control of any county or city in which the district has jurisdiction, abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica from that territory migrate or are caused to be carried into the district;

      (c) If necessary or proper, in the furtherance of the objects of this chapter, build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and acquire by purchase, condemnation or by other lawful means, in the name of the district, any lands, rights of way, easements, property or material necessary for any of those purposes;


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ê1995 Statutes of Nevada, Page 1816 (Chapter 537, AB 50)ê

 

      (d) Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals or ditches;

      (e) Enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica exist upon those lands;

      (f) Abate public nuisances in accordance with this chapter;

      (g) Ascertain if there has been a compliance with notices to abate the breeding of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon those lands;

      (h) Treat with oil, other larvicidal material, or other chemicals or other material any breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon those lands;

      (i) Sell or lease any land, rights of way, easements, property or material acquired by the district; and

      (j) Sell real property pursuant to this subsection to the highest bidder at public auction after 5 days’ notice given by publication.

      2.  In connection with the basic power stated in this section, the district may:

      (a) Levy annually a general [(] ad valorem [)] property tax of not exceeding:

             (1) Fifteen cents on each $100 of assessed valuation of taxable property; or

             (2) Twenty cents on each $100 of assessed valuation of taxable property if the board of county commissioners of each county in which the district is located approves such a tax in excess of 15 cents on each $100 of assessed valuation of taxable property.

      (b) Levy a tax in addition to a tax authorized in paragraph (a), if the additional tax is authorized by the qualified electors of the district, as provided in subsections 4 to 7, inclusive.

      3.  The proceeds of any tax levied pursuant to the provisions of this section must be used for purposes pertaining to the basic purpose stated in this section, including , without limitation, the establishment and maintenance of:

      (a) A cash-basis fund of not exceeding in any fiscal year 60 percent of the estimated expenditures for the fiscal year to defray expenses between the beginning of the fiscal year and the respective times tax proceeds are received in the fiscal year; and

      (b) An emergency fund of not exceeding in any fiscal year 25 percent of the estimated expenditures for the fiscal year to defray unusual and unanticipated expenses incurred during epidemics or threatened epidemics from diseases from sources which the district may exterminate or abate.

      4.  Whenever it appears to the board of a district authorized to exercise the basic power stated in subsection 1 that the amount of money required during an ensuing fiscal year will exceed the amount that can be raised by a levy permitted by paragraph (a) of subsection 2, the board may:

      (a) At a special election or the next primary or general election submit to the qualified electors of the district a question of whether a tax shall be voted for raising the additional money;


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ê1995 Statutes of Nevada, Page 1817 (Chapter 537, AB 50)ê

 

      (b) Provide the form of the ballot for the election, which must contain the words “Shall the district vote a tax to raise the additional sum of ........?” or words equivalent thereto;

      (c) Provide the form of the notice of the election and provide for the notice to be given by publication; and

      (d) Arrange other details in connection with the election.

      5.  A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.

      6.  Except as otherwise provided in this chapter:

      (a) The secretary of the district shall give notice of the election by publication and shall arrange such other details in connection with the election as the board may direct;

      (b) The election board officers shall conduct the election in the manner prescribed by law for the holding of general elections and shall make their returns to the secretary of the district; and

      (c) The board shall canvass the returns of the election at any regular or special meeting held within 5 days following the date of the election, or at such later time as the returns are available for canvass, and shall declare the results of the election.

      7.  If a majority of the qualified electors of the district who voted on any proposition authorizing the additional tax voted in favor of the proposition, and the board so declares the result of the election:

      (a) The district board shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount must be prorated for each county by the district board in the same way that the district’s original total estimate of money is prorated, and the district board shall furnish the board of county commissioners and auditor of each county a written statement of the apportionment for that county; and

      (b) The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county for the district.

      8.  The district shall not:

      (a) Borrow money except for [short-term financing] medium-term obligations pursuant to chapter [354] 350 of NRS;

      (b) Levy special assessments; or

      (c) Fix any rates, fees or other charges except as otherwise provided in this section.


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ê1995 Statutes of Nevada, Page 1818 (Chapter 537, AB 50)ê

 

      9.  The district may determine to cause an owner of any real property to abate any nuisance pertaining to the basic power stated in this section, after a hearing on a proposal for such an abatement and notice thereof by mail addressed to the last known owner or owners of record at his or their last known address or addresses, as ascertained from any source the board deems reliable, or in the absence of the abatement within a reasonable period fixed by the board, to cause the district to abate the nuisance, as follows:

      (a) At the hearing the district board shall redetermine whether the owner must abate the nuisance and prevent its recurrence, and shall specify a time within which the work must be completed;

      (b) If the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae, or otherwise, by taking appropriate measures to prevent the recurrence of further breeding;

      (c) The cost of abatement must be repaid to the district by the owner;

      (d) The money expended by the district in abating a nuisance or preventing its recurrence is a lien upon the property on which the nuisance is abated or its recurrence prevented;

      (e) Notice of the lien must be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within 6 months after the first item of expenditure by the board;

      (f) An action to foreclose the lien must be commenced within 6 months after the filing and recording of the notice of lien;

      (g) The action must be brought by the district board in the name of the district;

      (h) When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure must be paid to the district and the surplus, if any, must be paid to the owner of the property if known, and if not known, must be paid into the court in which the lien was foreclosed for the use of the owner if ascertained; and

      (i) The lien provisions of this section do not apply to the property of any county, city, district or other public corporation, except that the governing body of the county, city, district or other public corporation shall repay to any district exercising the basic power stated in subsection 1 the amount expended by the district upon any of its property pursuant to this chapter upon presentation by the district board of a verified claim or bill.

      Sec. 16.  NRS 354.535 is hereby amended to read as follows:

      354.535  “General long-term debt” means debt which is legally payable from general revenues and is backed by the full faith and credit of a governmental unit. The term includes debt represented by local government securities issued pursuant to chapter 350 of NRS and debt created for [short-term financing pursuant to NRS 354.430 to 354.460, inclusive.] medium-term obligations pursuant to sections 3 to 6, inclusive, of this act.

      Sec. 17.  NRS 354.59811 is hereby amended to read as follows:

      354.59811  Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, [354.618,] 450.425 and 543.600 and section 2 of this act for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or [short-term] medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

 


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ê1995 Statutes of Nevada, Page 1819 (Chapter 537, AB 50)ê

 

agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or [short-term] medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

      1.  The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area or tax increment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

      2.  This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

      Sec. 18.  NRS 354.598155 is hereby amended to read as follows:

      354.598155  1.  Each local government that receives a portion of the revenue from the tax levied pursuant to the provisions of NRS 354.59815 shall establish a special ad valorem capital projects fund and shall deposit all revenue received pursuant to the provisions of NRS 354.59815 in that fund. All interest and income earned on the money in the fund must also be deposited in the fund.

      2.  The money in the fund may only be used for:

      (a) The purchase of capital assets including land, improvements to land and major items of equipment;

      (b) The renovation of existing governmental facilities not including normal recurring maintenance; and

      (c) The repayment of [short-term financing] a medium-term obligation issued to fund a project described in paragraph (a) or (b).

      3.  Money may be retained in the fund for not more than 10 years to allow the funding of projects without the issuance of bonds or other obligations. For the purpose of determining the length of time a deposit of money has been retained in the fund, all money withdrawn from the fund shall be deemed to be taken on a first-in, first-out basis.

      4.  The annual budget and audit report of each local government must specifically identify this fund and must indicate in detail the projects that have been funded with money from the fund.


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ê1995 Statutes of Nevada, Page 1820 (Chapter 537, AB 50)ê

 

been funded with money from the fund. Any planned accumulation of the money in the fund must also be specifically identified.

      Sec. 19.  NRS 355.130 is hereby amended to read as follows:

      355.130  1.  By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance may lend any available money in the state treasury, other than that in the state permanent school fund and the state insurance fund, to local governments situated within the boundaries of the State of Nevada. Such loans must be made only to local governments which have observed the regulations and followed the procedure for obtaining [short-term financing] a medium-term obligation set forth in chapter [354] 350 of NRS. Such loans must be made for a period of not longer than 10 years and must bear interest at a rate which does not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.

      2.  In making loans to local governments, the state board of finance shall follow the procedure for making other loans set forth in this chapter.

      Sec. 20.  NRS 355.140 is hereby amended to read as follows:

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

      (a) Bonds and certificates of the United States;

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

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

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

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

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

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

      (h) Bonds of school districts within this state;

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

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

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

      (j) [Short-term financing] Medium-term obligations for counties, cities and school districts authorized pursuant to chapter [354] 350 of NRS;


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ê1995 Statutes of Nevada, Page 1821 (Chapter 537, AB 50)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê1995 Statutes of Nevada, Page 1822 (Chapter 537, AB 50)ê

 

rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;

      (q) Money market mutual funds which:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

             (3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities; and

      (r) Collateralized mortgage obligations that are rated by a nationally recognized rating service as “AAA” or its equivalent.

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

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

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

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

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

      (b) In all repurchase agreements:

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

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

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

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

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

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

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

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

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


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ê1995 Statutes of Nevada, Page 1823 (Chapter 537, AB 50)ê

 

      3.  As used in subsection 2:

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

             (1) A registered broker-dealer;

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

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

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

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

      Sec. 21.  NRS 355.170 is hereby amended to read as follows:

      355.170  1.  Except as otherwise provided in this section and in NRS 354.750, a board of county commissioners, a board of trustees of a county school district or the governing body of an incorporated city may purchase for investment the following securities and no others:

      (a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years from the date of purchase.

      (b) Farm loan bonds, consolidated farm loans bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.

      (c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase.

      (d) Obligations of an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years from the date of purchase.

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

      (f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.

      (g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to [NRS 354.440.] section 4 of this act.

      (h) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers’ acceptances may not exceed 180 days’ maturity. Purchases of bankers’ acceptances may not exceed 20 percent of the money available to a local government for investment as determined on the date of purchase.


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ê1995 Statutes of Nevada, Page 1824 (Chapter 537, AB 50)ê

 

of bankers’ acceptances may not exceed 20 percent of the money available to a local government for investment as determined on the date of purchase.

      (i) Obligations of state and local governments if:

             (1) The interest on the obligation is exempt from gross income for federal income tax purposes; and

             (2) The obligation has been rated “A” or higher by one or more nationally recognized bond credit rating agencies.

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

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

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

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

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

      (k) Money market mutual funds which:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

             (3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.

      2.  Repurchase agreements are proper and lawful investments of money of a board of county commissioners, a board of trustees of a county school district or a governing body of an incorporated city for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:

      (a) The board of county commissioners, the board of trustees of the school district or the governing body of the city shall designate in advance and thereafter maintain a list of qualified counterparties which:

             (1) Regularly provide audited and, if available, unaudited financial statements;

             (2) The board of county commissioners, the board of trustees of the school district or the governing body of the city has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and

             (3) Have executed a written master repurchase agreement in a form satisfactory to the board of county commissioners, the board of trustees of the school district or the governing body of the city pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the board of county commissioners, the board of trustees of the school district or the governing body of the city and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.


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ê1995 Statutes of Nevada, Page 1825 (Chapter 537, AB 50)ê

 

      (b) In all repurchase agreements:

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

             (2) The board of county commissioners, the board of trustees of the school district or the governing body of the city must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

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

             (II) Notify the board of county commissioners, the board of trustees of the school district or the governing body of the city when the securities are marked to the market if the required margin on the agreement is not maintained;

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

             (IV) Report periodically to the board of county commissioners, the board of trustees of the school district or the governing body of the city concerning the market value of the securities;

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

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

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

      3.  The securities described in paragraphs (a), (b) and (c) of subsection 1 and the repurchase agreements described in subsection 2 may be purchased when, in the opinion of the board of county commissioners, the board of trustees of a county school district or the governing body of the city, there is sufficient money in any fund of the county, the school district or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.

      4.  When the board of county commissioners, the board of trustees of a county school district or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.

      5.  Any interest earned on money invested pursuant to subsection 3, may, at the discretion of the board of county commissioners, the board of trustees of a county school district or governing body of the city, be credited [either] to the fund from which the principal was taken or to the general fund of the county, school district or incorporated city.

      6.  The board of county commissioners, the board of trustees of a county school district or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 3 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year [from] after the date of investment.


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ê1995 Statutes of Nevada, Page 1826 (Chapter 537, AB 50)ê

 

any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year [from] after the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county, school district or incorporated city.

      7.  This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.

      8.  As used in this section:

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

             (1) A registered broker-dealer;

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

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

      (b) “Repurchase agreement” means a purchase of securities by a board of county commissioners, the board of trustees of a county school district or the governing body of an incorporated city from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

      Sec. 22.  NRS 373.020 is hereby amended to read as follows:

      373.020  As used in this chapter, unless the context otherwise requires:

      1.  “Acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, authorized by this chapter.

      2.  “Board” means the board of county commissioners.

      3.  “City” means an incorporated city.

      4.  “Commission” means the regional transportation commission.

      5.  “Cost of the project,” or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including , without limitation , preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of [short-term financing,] medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.


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ê1995 Statutes of Nevada, Page 1827 (Chapter 537, AB 50)ê

 

of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of [short-term financing,] medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.

      6.  “Federal securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.

      7.  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement (or any combination thereof) of any project, or an interest therein, authorized by this chapter. The term does not include renovation, reconditioning, patching, general maintenance or other minor repair.

      8.  “Project” means street and highway construction, including , without limitation , the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including , without limitation , grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including , without limitation , the acquisition and improvement of all types of property therefor.

      9.  “Town” means an unincorporated town.

      Sec. 23.  NRS 387.305 is hereby amended to read as follows:

      387.305  [Short-term financing] A medium-term obligation for the purpose of meeting a great necessity may be authorized by the board of trustees of a school district in the manner provided in chapter [354] 350 of NRS.

      Sec. 24.  NRS 474.170 is hereby amended to read as follows:

      474.170  The board of directors [shall have] has the powers and duties with respect to [short-term financing] medium-term obligations provided in chapter [354] 350 of NRS.

      Sec. 25.  NRS 496.155 is hereby amended to read as follows:

      496.155  1.  Subject to the provisions of NRS 496.150 and subsections 2 and 3 of this section, for any undertaking authorized in NRS 496.150, the governing body of a municipality, as it determines from time to time, may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated, and evidence the obligations by the issuance of bonds and other municipal securities, and in connection with the undertaking or the municipal airport, including , without limitation , air navigation facilities and other facilities appertaining to the airport, the governing body may otherwise proceed as provided in the Local Government Securities Law or as provided in subsections 4 and 5.


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ê1995 Statutes of Nevada, Page 1828 (Chapter 537, AB 50)ê

 

proceed as provided in the Local Government Securities Law or as provided in subsections 4 and 5.

      2.  General obligation bonds, whether or not their payment is additionally secured by a pledge of net revenues, must be sold as provided in the Local Government Securities Law.

      3.  Revenue bonds may be sold at a public sale as provided in the Local Government Securities Law or at a private sale.

      4.  The governing body may by resolution acquire real property for the expansion of airport or air navigation facilities by entering into contracts of purchase, of a type and duration and on such terms as the governing body determines, including , without limitation , contracts secured by a mortgage or other security interest in the real property. The governing body may not use any revenue derived from taxes ad valorem to pay for the acquisition, and the obligation under the contract does not constitute a general obligation of the municipality or apply against any debt limitation pertaining to the municipality.

      5.  The governing body may by resolution enter into [short-term financing] a medium-term obligation for any undertaking authorized in NRS 496.150 and issue negotiable instruments without regard to the requirements specified in:

      (a) Paragraphs (a) and (b) of subsection 2 of [NRS 354.440;] section 4 of this act; and

      (b) Subsections 1 and 2 of [NRS 354.430;] section 3 of this act, unless the financing is to be repaid from the proceeds of a special tax exempt from limitations on taxes ad valorem.

      Sec. 26.  NRS 543.700 is hereby amended to read as follows:

      543.700  1.  A district, upon the affirmative vote of a majority of the board, may borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed.

      2.  Such short-term notes:

      (a) Must be payable from the fund for which the money was borrowed.

      (b) Must mature in accordance with the provisions of [NRS 354.440.] section 4 of this act.

      (c) Must not be extended or funded except in compliance with NRS 543.690.

      Sec. 27.  NRS 547.090 is hereby amended to read as follows:

      547.090  An agricultural association may:

      1.  Contract and be contracted with.

      2.  Sue and be sued.

      3.  Have and use a common seal.

      4.  Purchase, hold and lease real property, with such buildings and improvements as may be erected thereon, and may sell, lease and dispose of the same at pleasure. The real property [shall] must be used by the agricultural association for the purpose of holding exhibitions of horses, cattle and other livestock, and of the agricultural, horticultural, viticultural, mechanical, manufacturing and domestic products of the district, with a view to the improvement of all of the industries in the agricultural district.


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ê1995 Statutes of Nevada, Page 1829 (Chapter 537, AB 50)ê

 

      5.  Obtain [short-term financing] medium-term obligations as provided in chapter [354] 350 of NRS for local governments other than counties.

      Sec. 28.  NRS 555.215 is hereby amended to read as follows:

      555.215  1.  Upon the preparation and approval of a budget in the manner required by the Local Government Budget Act, the board of county commissioners of each county having lands situated in the district shall, by resolution, levy an assessment upon all real property in the county which is in the weed control district.

      2.  Every assessment so levied [shall be] is a lien against the property assessed.

      3.  Amounts collected in counties other than the county having the larger or largest proportion of the area of the district must be paid over to the board of county commissioners of that county for the use of the district.

      4.  The county commissioners of that county may obtain [short-term loans] medium-term obligations pursuant to sections 3 to 6, inclusive, of this act of an amount of money not to exceed the total amount of the assessment, [for the purpose of paying] to pay the expenses of controlling the weeds in the weed control district. The loans may be made only after the assessments are levied.

      Sec. 29.  NRS 354.430, 354.440, 354.450, 354.460 and 354.618 are hereby repealed.

      Sec. 30.  Sections 7, 9, 12 and 20 of this act become effective at 12:01 a.m. on October 1, 1995.

      Sec. 31.  In preparing the reprint of the Nevada Revised Statutes, the legislative counsel shall appropriately change any reference to the former provisions renamed as “medium-term obligations” by the amendatory provisions of this act, in any section which is not amended by this act or is further amended by another act.

 

________

 

 

CHAPTER 538, AB 117

Assembly Bill No. 117–Assemblyman Neighbors (by request)

CHAPTER 538

AN ACT incorporating the City of Pahrump, in Nye County, Nevada, pursuant to charter; making the incorporation contingent upon approval of the qualified electors of the city; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The charter of the City of Pahrump is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.


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ê1995 Statutes of Nevada, Page 1830 (Chapter 538, AB 117)ê

 

PAHRUMP CITY CHARTER

 

ARTICLE I

 

Incorporation of City; General Powers; Boundaries;

Wards and Annexations; City Offices

 

      Section 1.010  Preamble: Legislative intent.

      1.  In order to provide for the orderly government of the City of Pahrump and the general welfare of its citizens, the legislature hereby establishes this charter for the government of the City of Pahrump. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.

      2.  Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities, except, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS, which are not in conflict with the provisions of this charter apply to the City of Pahrump.

      Sec. 1.012  Definition of emergency. As used in this charter, “emergency” means an unforeseen circumstance which requires immediate action, including, without limitation:

      1.  A disaster caused by fire, flood, earthquakes or other natural causes; or

      2.  Any impairment of the health and safety of the public.

      Sec. 1.015  Fair and equal treatment of residents. The officers and employees of the City of Pahrump shall treat the residents of the city in a fair and equitable manner.

      Sec. 1.020  Incorporation of city.

      1.  All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 of this charter constitute a political and corporate body by the name of “City of Pahrump” and by that name they and their successors must be known in law, have perpetual succession and may sue and be sued in all courts.

      2.  Whenever used throughout this charter, “city” means the City of Pahrump.

      Sec. 1.030  Description of territory. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Nye County, as the plat is revised from time to time.

      Sec. 1.040  Annexations.

      1.  The city council may create a city annexation commission.

      2.  If the city council creates a city annexation commission, it shall determine the number, qualifications, terms and selection of the members of the commission.

      3.  The commission has all the powers and duties of a city annexation commission created pursuant to NRS 268.626 with respect to annexations to the city.


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ê1995 Statutes of Nevada, Page 1831 (Chapter 538, AB 117)ê

 

      Sec. 1.050  Elective offices.

      1.  The elective officers of the city consist of:

      (a) A mayor.

      (b) Four members of the city council.

      (c) A municipal judge.

      2.  These officers must be elected as provided by this charter.

      Sec. 1.060  Elective offices: Vacancies.

      1.  A vacancy in the city council must be filled by a majority vote of the remaining members of the council within 30 days after the occurrence of the vacancy. The appointee must have the same qualifications as are required of the elective official. If the vote of the remaining members results in a tie, the appointee will be chosen by lot.

      2.  A vacancy in the office of municipal judge must be filled by a majority vote of the city council within 30 days after the occurrence of the vacancy. The appointee must have the same qualifications as are required of the elective official.

      3.  No such appointment may extend beyond the first Monday in January after the next municipal election, at which election the office is filled.

      Sec. 1.070  Appointive offices.

      1.  The city council, by a majority vote of all its members, shall appoint the following officers:

      (a) City manager.

      (b) City attorney.

      (c) City clerk.

      2.  The city council may establish such other offices and appoint such other officers as it deems necessary.

      Sec. 1.080  Appointive officers: Duties; salary.

      1.  All appointive officers of the city shall perform such duties under the direction of the city manager as are designated by the city council and shall serve at the discretion of the city council.

      2.  All appointive officers of the city are entitled to receive the salary and benefits designated by the city council.

      Sec. 1.090  Officers’ performance bonds. The city council may require from all officers and employees of the city constituted or appointed pursuant to this charter, except members of the city council, sufficient security for the faithful and honest performance of their respective duties.

      Sec. 1.100  Mayor and members of city council not to hold other office.

      1.  The mayor and a member of the city council shall not:

      (a) Hold any other elective office with Nye County or the city, except as otherwise provided by law or as a member of a city board or commission for which no compensation is received.

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

      2.  Any person holding any office proscribed by subsection 1 automatically forfeits his office as mayor or member of the council.

      Sec. 1.110  Oath of office. Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the city council. Every such person shall swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.


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ê1995 Statutes of Nevada, Page 1832 (Chapter 538, AB 117)ê

 

indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.

 

ARTICLE II

 

Legislative Department

 

      Sec. 2.010  City council: Qualifications; election; term of office; salary.

      1.  The legislative power of the city is vested in a city council consisting of four members of the city council and the mayor.

      2.  The members of the city council must be:

      (a) Residents of the city for at least 1 year immediately preceding their election, and must continue to be residents of the city during their terms of office.

      (b) Qualified electors within the city.

      3.  All members of the city council must be voted upon by the registered voters of the city at large and, after the initial terms, shall serve for terms of 4 years. A member of the city council shall not serve more than two full terms.

      4.  The members of the city council are entitled to receive a salary in an amount to be determined by the city council. The salary must not exceed $200 per month.

      5.  The members of the city council shall not represent any district or ward of the city.

      Sec. 2.020  City council: Contracts. Members of the city council may vote on any lease, contract or other agreement which extends beyond their terms of office.

      Sec. 2.030  City council: Duties concerning departments.

      1.  The city council shall control and supervise the departments of the city and may establish such rules and regulations as are necessary for the administration of the departments.

      2.  The mayor shall designate from among the city council members to act as:

      (a) Police supervisor.

      (b) Supervisor of streets.

      (c) Supervisors of waterworks and sewers.

      (d) Supervisor of fire.

      (e) Supervisor of airport and public property.

      (f) Supervisor of any other department which the city council deems necessary.

      3.  The mayor is known as the member of the council of finance and revenue.

      4.  The duties of each department must be designated by the city council.

      Sec. 2.040  City council: Discipline of members, other persons; subpoena power.

      1.  The city council may:

      (a) Provide for the punishment of any member for disorderly conduct committed in its presence.

      (b) Order the attendance of witnesses and the production of all papers relating to any business before the city council.


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ê1995 Statutes of Nevada, Page 1833 (Chapter 538, AB 117)ê

 

      2.  If any person ordered to appear before the city council fails to obey the order:

      (a) The city council or any member of the city council may apply to the clerk of the district court for a subpoena commanding the attendance of the person before the city council.

      (b) The clerk may issue the subpoena, and any peace officer may serve it.

      (c) If the person upon whom the subpoena is served fails to obey it, the court may issue any order to show cause why the person should not be held in contempt of court and upon hearing of the matter may adjudge the person guilty of contempt and punish him accordingly.

      Sec. 2.050  Meetings: Quorum.

      1.  The city council shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.

      2.  A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

      3.  Except as otherwise provided by a specific statute, all meetings of the city council must be conducted in accordance with chapter 241 of NRS.

      Sec. 2.060  Meetings: Emergency. An emergency meeting of the city council may be called by the mayor or upon written notice issued by a majority of the city council. Prior written notice must be given to all members of the city council.

      Sec. 2.070  Meetings: Time and place; rules. The city council may:

      1.  Fix the time and place of its meetings.

      2.  Adopt rules for the government of its members and proceedings.

      Sec. 2.080  Oaths and affirmations. The mayor, each member of the city council and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the city council or to be considered by the city council.

      Sec. 2.090  Powers of city council: Ordinances, resolutions and orders.

      1.  The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.

      2.  Whenever power is conferred upon the city council to do and perform anything, and the manner of exercising the power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of the power.

      3.  The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.

      4.  The city council shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized pursuant to a special charter.

      5.  The city council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.

      Sec. 2.100  Ordinances; Passage by bill; amendments; subject matter; title requirements.


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ê1995 Statutes of Nevada, Page 1834 (Chapter 538, AB 117)ê

 

      1.  No ordinance may be passed except by bill and by a majority vote of the whole city council. The style of all ordinances must be as follows: “The City Council of the City of Pahrump does ordain:”.

      2.  No ordinance may contain more than one subject, which must be briefly indicated in the title. If the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.

      3.  Any ordinance which amends an existing ordinance must set out in full the ordinance or the sections of the ordinance to be amended, must indicate matter to be omitted by enclosing it in brackets and must indicate new matter by underscoring or by italics.

      Sec. 2.110  Ordinances: Enactment procedure; emergency ordinances.

      1.  All proposed ordinances when first proposed must be read to the city council by title and may be referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or amendment within 30 days after the date of publication.

      2.  At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance, the ordinance must be considered again with the report of the committee, if any. Thereafter, it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action postponed.

      3.  In cases of emergency, final action may be taken immediately or at a special meeting called for that purpose by unanimous consent of the city council and no notice of the filing of the copies of the proposed ordinances with the city clerk need be published.

      4.  All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the members of the city council voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

      5.  The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.

      Sec. 2.120  Codification of ordinances; publication of code.

      1.  The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which may, at the election of the city council, have incorporated within it a copy of this charter and such additional data as the city council prescribes. When the code is published, two copies must be filed with the librarian at the supreme court law library.

      2.  The ordinances in the code must be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

      3.  The codification must be adopted by an ordinance and must not contain any substantive changes, modifications or alterations of existing ordinances.


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ê1995 Statutes of Nevada, Page 1835 (Chapter 538, AB 117)ê

 

The only title necessary for the ordinance is, “An ordinance for codifying and compiling the general ordinances of the City of Pahrump.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 2.130  Powers of city council: Public property, buildings.

      1.  Except as otherwise provided in subsection 2, the city council may:

      (a) Control the property of the corporation.

      (b) Erect and maintain all buildings necessary for the use of the city.

      (c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect that property, and do all other things in relation to the property which natural persons might do.

      2.  Except as otherwise provided in subsection 3, the city council may not authorize the expenditure of more than $500,000 during any fiscal year for each project relating to the purchase, improvement or protection of property unless that expenditure is approved by the registered voters of the city at a general election or special election called for that purpose.

      3.  The provisions of subsection 2 do not apply to an expenditure of more than $500,000 during a fiscal year for each project relating to:

      (a) The construction or maintenance of roads or highways within the city; or

      (b) The purchase, improvement or protection of property funded entirely by money allocated to the city by the Federal Government, the State of Nevada or Nye County.

      4.  The city council may deposit the proceeds of any of the license taxes collected pursuant to section 2.150 of this charter in a special fund in the city treasury for the purpose of:

      (a) Operating and maintaining municipal facilities under the jurisdiction of the city council.

      (b) Improving, extending and bettering such facilities.

      (c) Constructing, purchasing or otherwise acquiring such facilities.

      5.  The city council may not, except as otherwise provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.

      Sec. 2.140  Powers of city council: Eminent domain. The city council may condemn property for the construction or improvement of roads, streets, highways or public utilities in the manner prescribed by chapter 37 of NRS, as amended from time to time.

      Sec. 2.150  Powers of city council: Licensing, regulation and prohibition of business, trades and professions.

      1.  The city council may:

      (a) Regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The city council may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.

      Sec. 2.160  Powers of city council: Recreational facilities; definition.

      1.  The legislature finds and declares that recreational facilities for the use and enjoyment of all the inhabitants of the city are public uses and municipal purposes, and that the acquisition, construction and operation of such facilities by the city council will promote the morals, amusement, entertainment, health, welfare and safety of the inhabitants of the city.


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ê1995 Statutes of Nevada, Page 1836 (Chapter 538, AB 117)ê

 

purposes, and that the acquisition, construction and operation of such facilities by the city council will promote the morals, amusement, entertainment, health, welfare and safety of the inhabitants of the city.

      2.  As used in this section and sections 2.170 and 2.180 of this charter, “recreational facility” means a place, structure, area or other facility used for community recreation, such as playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, dams constructed across streams or rivers for the creation of swimming pools and recreational reservoirs, gymnasiums, auditoriums, camps, parks, ski facilities, golf courses, natural reservations, recreation grounds, fairgrounds, exposition buildings, convention halls, fieldhouses, amusement halls, recreational centers, museums and cultural centers.

      Sec. 2.170  Powers of city council: Recreational facilities; financing. The city council may:

      1.  Establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreational facilities within or without the city, including personal or real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.

      2.  Accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality of the Federal Government, corporate or otherwise, the State of Nevada or any of its political subdivisions or from any other source, for or in aid of any recreational facility within the city council’s area of operation, and comply with such conditions, trust indentures, leases or agreements as are necessary, convenient or desirable.

      Sec. 2.180  Powers of city council: Recreational facilities; flood control projects. Whenever any recreational facility is affected by or will be affected by any flood control project being constructed or to be constructed pursuant to the provisions of any federal law, if the city council finds that the flood control project will improve, better and protect the recreational facility, the city council may give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the local cooperation required for the flood control project by federal law will be furnished by the city.

      Sec. 2.190  Powers of city council: Police ordinances. The city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.

      Sec. 2.200  Powers of city council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The city council may:

      1.  Organize, regulate and maintain a fire department.

      2.  Appoint a fire chief and prescribe his duties.

      3.  Regulate the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.


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ê1995 Statutes of Nevada, Page 1837 (Chapter 538, AB 117)ê

 

      4.  Establish by ordinance a fire code and other regulations necessary to carry out the purposes of this section, and to provide for the prevention, suppression and extinguishment of fires and conditions hazardous to life and property from fire, explosion or combustion, and to provide for the enforcement of all such codes and regulations by imposing adequate penalties for their violation.

      Sec. 2.210  Powers of city council: Public health; city board of health; regulations. The city council may:

      1.  Provide for safeguarding public health in the city.

      2.  Create a city board of health and prescribe the powers and duties of the city board of health.

      3.  Provide for the enforcement of all regulations and quarantines established by the city board of health by imposing adequate penalties for their violation.

      Sec. 2.220  Powers of city council: Buildings; construction and maintenance regulations; building and safety codes. The city council shall:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

      2.  Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as are necessary.

      Sec. 2.230  Powers of city council: Zoning and planning. The city council may:

      1.  Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within these districts.

      2.  Establish and adopt ordinances and regulations relating to the division or subdivision of land.

      Sec. 2.240  Powers of city council: Subdivision; payment for installation of utilities. The city council may require the owners of land who lay out and plat the land into lots, streets and alleys to guarantee the payment for the installation of sewers, water mains and lines, drains, curbs and gutters, and the grading and paving of streets within the division or subdivision defined by the plat.

      Sec. 2.250  Powers of city council: Rights of way, parks, public buildings and grounds and other public places. The city council may:

      1.  Lay out, maintain, alter, improve or vacate all public rights of way in the city.

      2.  Regulate the use of public parks, buildings, grounds and rights of way and prevent their unlawful use.

      3.  Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.

      4.  Regulate in all public places:

      (a) The distribution and exhibition of handbills or signs.

      (b) Any practice tending to annoy persons passing in such public places.

      (c) Public demonstrations and processions.

      5.  Prevent riots or any act tending to promote riots in any public place.

      Sec. 2.260  Powers of city council: Traffic control. The city council may, by ordinance, regulate:


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ê1995 Statutes of Nevada, Page 1838 (Chapter 538, AB 117)ê

 

      1.  All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights of way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 2.270  Powers of city council: Parking meters; offstreet public parking facilities.

      1.  The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters must be fixed by the city council.

      2.  Except as otherwise provided by this charter, the city council may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. The city council may, in bonds issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest on the bonds.

      Sec. 2.275  Powers of the city council: Railroads. The city council may:

      1.  License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right of way.

      2.  Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights of way and adjacent property.

      3.  Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right of way.

      4.  Condemn rights of way for any public purpose across any railroad right of way.

      5.  Prescribe the length of time any public right of way may be obstructed by trains standing thereon.

      6.  Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.

      7.  Require railroad companies to provide protection against injury to persons or property.

      8.  Compel railroad companies to raise or lower their tracks to conform to any grade established by the city.

      9.  Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.

      Sec. 2.280  Powers of city council: Nuisances. The city council may:

      1.  Determine by ordinance what shall be deemed nuisances.

      2.  Provide for the abatement, prevention and removal of nuisances at the expense of the person creating, causing or committing them.

      3.  Provide that the expense of removal is a lien upon the property upon which the nuisance is located. The lien is:

      (a) Perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

      (b) Coequal with the latest lien on the property to secure the payment of general taxes.

      (c) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.


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ê1995 Statutes of Nevada, Page 1839 (Chapter 538, AB 117)ê

 

      (d) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      4.  Provide any other penalty or punishment of persons responsible for nuisances.

      Sec. 2.290  Powers of city council: Animals and poultry. The city council may:

      1.  Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.

      2.  Establish a pound, appoint a poundkeeper and prescribe his duties.

      3.  Prohibit cruelty to animals.

      Sec. 2.300  Powers of city council: Abatement of noxious insects, rats and disease-bearing organisms. The city council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that the insects, rats and disease-bearing organisms migrate or are carried into the city.

      Sec. 2.310  Powers of city council: Provision of utilities. The city council may:

      1.  Provide by contract, franchise or public enterprise for any utility to be furnished to the city for residents of the city.

      2.  Provide for the construction of any facility necessary for the provision of such a utility.

      3.  Fix the rate to be paid for any utility provided by public enterprise. Any charge due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder of Nye County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien is:

      (a) Coequal with the latest lien on the property to secure the payment of general taxes.

      (b) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (c) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      Sec. 2.320  Powers of city council: Cemeteries; acquisition and maintenance. The city council may, by any lawful means:

      1.  Acquire and maintain property for public use as a cemetery.

      2.  Survey, plat, map, fence, ornament and otherwise improve all public cemetery grounds.

      Sec. 2.330  Powers of city council: Television franchises or concessions.

      1.  The city council may contract with, authorize or grant a franchise or concession to any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.


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ê1995 Statutes of Nevada, Page 1840 (Chapter 538, AB 117)ê

 

      2.  Any franchise or concession granted must require a time within which actual construction is commenced, a time within which distribution of television is completed and posting of a bond in an amount to be set by the city council to ensure compliance with the franchise or concession.

      Sec. 2.340  Powers of city council: Flood control. The city council may:

      1.  Construct, within or without the city limits, works designed to protect the city from floods.

      2.  Acquire by purchase any property or water right necessary or appropriate for this purpose.

      3.  Acquire by condemnation any property or surface water right necessary or appropriate for this purpose.

      4.  Enact all ordinances and regulations necessary to carry the power conferred in this section into effect.

 

ARTICLE III

 

Executive Department

 

      Sec. 3.010  Mayor: Qualifications; duties; mayor pro tempore.

      1.  The mayor must be:

      (a) A resident of the city for at least 1 year before his election.

      (b) A qualified elector within the city.

      2.  The mayor:

      (a) Shall serve as ex officio chairman of the city council and preside over its meetings.

      (b) Shall serve as the chief executive officer of the city.

      (c) Must be recognized as the head of the city government for all ceremonial purposes.

      (d) Shall perform such emergency duties as are necessary for the health, welfare and safety of the city.

      (e) Shall perform such other duties, except administrative duties assigned by the city council to the city manager, as are prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized pursuant to the provisions of a special charter.

      3.  The mayor shall receive a salary which must not be more than $300 per month.

      4.  The city council shall elect one of its members to be mayor pro tempore. This person shall:

      (a) Hold the office and title of mayor pro tempore, without additional compensation, during the term for which he was elected.

      (b) Perform the duties of mayor during the absence or disability of the mayor.

      (c) Act as mayor until the next municipal election if the office of mayor becomes vacant.

      Sec. 3.020  City manager: Duties.

      1.  The city manager is the chief administrative officer of the city government. He is responsible to the city council for the proper administration of all affairs of the city.

      2.  The city manager shall:


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ê1995 Statutes of Nevada, Page 1841 (Chapter 538, AB 117)ê

 

      (a) Prepare and submit the annual budget to the city council and administer the budget after it is adopted.

      (b) Submit to the city council quarterly, and at the end of each fiscal year, a complete report on the finances and administrative activities of the city.

      (c) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations as may be appropriate and desirable.

      (d) Supervise the activities of all the departments of the city government.

      (e) Perform such other duties as are specified in this charter or which may be required by the city council.

      3.  The city manager may appoint such clerical and administrative assistants as he deems necessary, subject to the approval of the city council.

      Sec. 3.030  City clerk: Duties. The city clerk shall:

      1.  Keep the corporate seal and all books and papers belonging to the city.

      2.  Attend all meetings of the city council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the city council, the city clerk shall attest the journal after it has been signed by the mayor.

      3.  Sign all warrants issued.

      4.  Number and countersign all licenses issued by the city. All licenses must be in a form devised by the city clerk and approved by the city council.

      5.  Enter upon the journal the result of the vote of the city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.

      6.  Act as ex officio city treasurer, registry agent and license collector.

      7.  Perform such other duties as are required by the city council.

      Sec. 3.040  City clerk’s bond. The city clerk is liable and accountable on his official bond for the performance of his duties pursuant to the provisions of this charter, and the city council may require from him such additional security as is necessary from time to time. The city council shall reimburse the city clerk for the cost of his official bond.

      Sec. 3.050  City attorney: Qualifications; duties. The city attorney must be:

      1.  A licensed member of the State Bar of Nevada but is not required to be a resident of the city.

      2.  The legal officer of the city.

      Sec. 3.060  County assessor to be ex officio city assessor; duties.

      1.  The county assessor of Nye County is ex officio city assessor of the city. The county assessor shall perform these duties for the city without additional compensation.

      2.  Upon request of the ex officio city assessor, the city council may appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as are deemed necessary.

      Sec. 3.070  Chief of police: Police officers. If a chief of police is appointed pursuant to section 1.070 of this charter, he may, subject to approval of the city council, appoint and supervise such police officers as are deemed necessary.


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ê1995 Statutes of Nevada, Page 1842 (Chapter 538, AB 117)ê

 

      Sec. 3.080  City officers: Duties restricted and altered. The city council may prescribe by ordinance the powers and duties of all city officers and may add to, alter or restrict their powers and duties.

      Sec. 3.090  City officers: Absence from office. If any appointive officer removes his office from the city, or absents himself from the city for more than 30 days without leave of the city council, his office must be declared vacant by the city council, and the vacancy filled by appointment as provided in this charter.

      Sec. 3.100  City officers: Collection and disposition of money.

      1.  All taxes, fines, forfeitures or other money collected or recovered by any officer or person pursuant to the provisions of this charter or of any ordinance of the city must be paid by the officer or person collecting or receiving them to the city clerk, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the city council.

      2.  The city council may by proper legal action collect all money which is due and unpaid to the city or any office of the city, and the city council may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of the money.

      Sec. 3.110  Removal of officers. If any officer is adjudged guilty of nonfeasance, misfeasance or malfeasance in office by any court of competent jurisdiction, the city council may declare the office vacant and fill the vacancy so caused, as provided by law.

 

ARTICLE IV

 

Judicial Department

 

      Sec. 4.020  Municipal court: Municipal judge; qualifications; salary.

      1.  The municipal judge must be a:

      (a) Resident of the city for at least 1 year immediately preceding his election, and must continue to be a resident of the city during his term of office.

      (b) Qualified elector within the city.

      2.  The salary of the municipal judge must be fixed by the city council.

      Sec. 4.030  Disposition of fines. All fines and forfeitures for the violation of ordinances must be paid into the treasury of the city in the manner to be prescribed by ordinance.

 

ARTICLE V

 

Elections

 

      Sec. 5.010  General elections.

      1.  On the first Tuesday after the first Monday in November 1998, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the city at an election to be held for that purpose two members of the city council, who shall serve for 4 years and until their successors have been elected and qualified.


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

ê1995 Statutes of Nevada, Page 1843 (Chapter 538, AB 117)ê

 

      2.  On the first Tuesday after the first Monday in November 2000, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the city at an election to be held for that purpose a mayor and two members of the city council, who shall serve for 4 years and until their successors have been elected and qualified.

      3.  On the first Tuesday after the first Monday in November 2002, and at each successive interval of 6 years thereafter, there must be elected by the qualified voters of the city at an election to be held for that purpose a municipal judge, who shall serve for 6 years and until his successor has been elected and qualified.

      Sec. 5.015  Primary elections; declaration of candidacy.

      1.  A candidate for any office to be voted for at an election held pursuant to section 5.010 of this charter must file an affidavit of candidacy with the city clerk not earlier than the first Tuesday in March nor later than 5 p.m. on the first Tuesday in June in each year in which the election is held. At the time of filing the affidavit of candidacy, the candidate must pay to the city clerk a fee of $25 for filing the affidavit of candidacy. All filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

      2.  If there are three or more candidates for any office to be filled at a general municipal election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general municipal election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.

      3.  The names of the two candidates for mayor, municipal judge or a particular seat on the city council, as the case may be, who receive the highest number of votes in the primary election must be placed on the ballot for the general election.

      Sec. 5.020  Applicability of state election laws; elections under city council’s control.

      1.  All elections held pursuant to this charter are governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent with this charter.

      2.  The conduct of all municipal elections is under the control of the city council. For the conduct of municipal elections, for the prevention of fraud in those elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.

      Sec. 5.030  Qualifications, registration of voters.

      1.  Every person who resides within the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election and for all officers to be voted for and on all questions submitted to the people at any such election, except as otherwise provided in this article.

      2.  The city council may provide for supplemental registration of voters.

      Sec. 5.040  Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, must be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates’ legal names is allowed and the nicknames may be printed on the official ballots.


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

ê1995 Statutes of Nevada, Page 1844 (Chapter 538, AB 117)ê

 

conjunction with the candidates’ legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses must be printed with their names on the ballot.

      Sec. 5.050  Ballots for ordinances and charter amendments. An ordinance or charter amendment to be voted on in the city must be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and must be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title must appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” The ballot or voting machine or device must be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.

      Sec. 5.060  Availability of lists of registered voters. If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or shall furnish such a list.

      Sec. 5.070  Watchers and challengers. A candidate is entitled upon written application to the election authorities at least 5 days before the election to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed has all the rights and privileges prescribed for watchers and challengers pursuant to the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.

      Sec. 5.080  Voting machines. The city council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.

      Sec. 5.090  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

      1.  The election returns from any municipal election must be filed with the city clerk, who shall immediately place the returns in a safe or vault, and no person may be permitted to handle, inspect or in any manner interfere with the returns until they are canvassed by the city council.

      2.  The city council shall meet within 5 days after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the city clerk for 6 months, and no person may have access to the returns except on order of a court of competent jurisdiction or by order of the city council.

      3.  The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first Monday in January next following their election.

      4.  If any election results in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The city clerk shall then issue to the winner a certificate of election.


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

ê1995 Statutes of Nevada, Page 1845 (Chapter 538, AB 117)ê

 

      Sec. 5.100  Contest of election. A contested election for any municipal office must be determined according to the law of the state regulating proceedings in contested elections in political subdivisions.

 

ARTICLE VI

 

Local Improvements

 

      Sec. 6.010  Local improvement law. Except as otherwise provided in section 6.030 of this charter, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

      1.  Curb and gutter projects;

      2.  Drainage projects;

      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 city council 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 of this charter, 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.

      Sec. 6.030  Sewer and water projects.

      1.  The city council may not acquire, improve, operate or authorize a facility for:

      (a) The collection, interception, transportation, treatment, purification and disposal of sewage;

      (b) The management, control, delivery, use or distribution of water; or

      (c) The collection, interception, transportation and disposal of rainfall and other storm wastes,

unless the acquisition, improvement, operation or authorization of that facility is approved by the registered voters of the city at a general election.

      2.  The city council shall not require a resident of the city to use any facility described in paragraph (a) or (b) of subsection 1.

 

ARTICLE VII

 

Local Bonds and Franchises

 

      Sec. 7.010  Debt limit.


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

ê1995 Statutes of Nevada, Page 1846 (Chapter 538, AB 117)ê

 

      1.  The city shall not incur any indebtedness in excess of 10 percent of the total assessed valuation of the taxable property within the boundaries of the city.

      2.  In determining any debt limitation pursuant to this section, there must not be counted as indebtedness:

      (a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.

      (b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.

      (c) Any short-term securities issued in anticipation of and payable from taxes levied for the current fiscal year.

      3.  Except as otherwise provided in chapter 350 of NRS, if the city proposes to issue or incur general obligations in an amount which exceeds $1,000,000, the proposal must be submitted to the electors of the city at the next primary or general municipal election or primary or general state election.

      Sec. 7.020  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. 7.030  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 of this charter.

      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 city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 1.5 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. 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.


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

ê1995 Statutes of Nevada, Page 1847 (Chapter 538, AB 117)ê

 

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 city council 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 city council 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.

      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.


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

ê1995 Statutes of Nevada, Page 1848 (Chapter 538, AB 117)ê

 

      (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 17, inclusive, of this act:

      1.  “City” means the City of Pahrump.

      2.  “County” means the County of Nye.

      Sec. 3.  1.  On November 7, 1995, an election must be held on the question of incorporation.

      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 once 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 results.

      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.


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

ê1995 Statutes of Nevada, Page 1849 (Chapter 538, AB 117)ê

 

      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.  If the incorporation is approved by the voters, an election must be held on November 5, 1996, to elect four members of the city council and the mayor and municipal judge of the city.

      Sec. 10.  1.  A person who wishes to become a candidate for any office to be voted for at the election held pursuant to section 9 of this act must:

      (a) Reside within the boundaries of the city; and

      (b) File an affidavit of candidacy with the county clerk not earlier than March 5, 1996, nor later than 5 p.m. on June 4, 1996.

      2.  At the time of filing the affidavit of candidacy pursuant to subsection 1, the candidate shall pay to the county clerk a fee of $25 for filing the affidavit. All filing fees collected by the county clerk must be deposited to the credit of the general fund of the county.

      3.  If there are three or more candidates for any office to be filled at the election held pursuant to section 9 of this act, a primary election for any such office must be held on September 3, 1996. If there are two or fewer candidates for any office to be filled at the election held pursuant to section 9 of this act, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the election held pursuant to section 9 of this act.

      4.  The names of the two candidates for mayor, municipal judge or a particular seat on the city council, as the case may be, who receive the highest number of votes in the primary election must be placed on the ballot for the election held pursuant to section 9 of this act.

      Sec. 11.  The county clerk shall publish or cause to be published a notice of each of the elections held pursuant to sections 9 and 10 of this act in a newspaper of general circulation in the city. The notices 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 notices in at least five public places in the city.

      Sec. 12.  1.  The terms of two of the members of the city council elected pursuant to section 9 of this act expire upon the election and qualification of the persons initially elected to the city council pursuant to subsection 1 of section 5.010 of this charter. The terms of the mayor and the remaining members of the city council expire upon the election and qualification of the persons initially elected to the city council pursuant to subsection 2 of that section.

      2.  The term of the municipal judge elected pursuant to section 9 of this act begins on July 1, 1997, and expires upon the election and qualification of the person initially elected to the office of municipal judge pursuant to subsection 3 of section 5.010 of this charter.


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

ê1995 Statutes of Nevada, Page 1850 (Chapter 538, AB 117)ê

 

      3.  The mayor and the members of the city council elected pursuant to section 9 of this act shall, at the first meeting of the city council after their election and qualification, draw lots to determine the length of their respective terms.

      Sec. 13.  Before the incorporation of the city becomes effective, the city council 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 15 of this act;

      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. 14.  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. 15.  1.  The city council 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 city council 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. 16.  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. 17.  1.  This section and sections 2 to 16, inclusive, of this act become effective upon passage and approval.


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

ê1995 Statutes of Nevada, Page 1851 (Chapter 538, AB 117)ê

 

      2.  Section 1 of this act becomes effective on July 1, 1997, if the incorporation of the city is approved by the voters at the election held pursuant to section 3 of this act.

 

________

 

 

CHAPTER 539, AB 134

Assembly Bill No. 134–Committee on Judiciary

 

(Requested by Assemblymen Hettrick and Carpenter)

CHAPTER 539

AN ACT relating to tenancies; reducing the length of time of a notice to quit for certain short-term tenancies; requiring landlords to attempt to have a notice to quit delivered in person to certain tenants; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 40.253 is hereby amended to read as follows:

      40.253  1.  Except as otherwise provided in subsection [6,] 9, in addition to the remedy provided in NRS 40.2512 and in NRS 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period, is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises [at] :

      (a) At or before noon of the fifth full day following the day of service [. The notice] ; or

      (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service. As used in this paragraph, “day of service” means the day the landlord or his agent personally delivers the notice to the tenant. If personal service was not so delivered, the “day of service” means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon. If the request for service by the sheriff or constable is made after noon, the “day of service” shall be deemed to be the day next following the day that the request is made for service by the sheriff or constable.

      2.  A landlord or his agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280. If the notice cannot be delivered in person, the landlord or his agent:

      (a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail; and


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

ê1995 Statutes of Nevada, Page 1852 (Chapter 539, AB 134)ê

 

      (b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280. The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when he took possession of the premises, that the landlord or his agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy. Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or his agent.

      3.  A notice served pursuant to subsection 1 or 2 must:

      (a) Identify the court that has jurisdiction over the matter; and

      (b) Advise the tenant of his right to contest the matter by filing, within [5 days,] the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that he has tendered payment or is not in default in the payment of the rent.

      4.  If the tenant [timely files the affidavit stating that he has either tendered payment of or paid the rent,] files such an affidavit at or before the time stated in the notice, the landlord or his agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      [2.] 5.  Upon noncompliance with the notice:

      (a) The landlord or his agent may apply by affidavit to the justice’s court of the township in which the dwelling, apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph must contain:

             (1) The date the tenancy commenced.

             (2) The amount of periodic rent reserved.

             (3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.

             (4) The date the rental payments became delinquent.

             (5) The length of time the tenant has remained in possession without paying rent.

             (6) The amount of rent claimed due and delinquent.

             (7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.

             (8) A copy of the written notice served on the tenant.

             (9) A copy of the signed written rental agreement, if any.

      (b) Except where the tenant has timely filed the affidavit described in subsection [1] 3 and a file-stamped copy of it has been received by the landlord or his agent, the landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      [3.] 6.  Upon the filing by the tenant of the affidavit permitted in subsection [1] 3 and the filing by the landlord of the affidavit [required] permitted by subsection [2,] 5, the justice’s court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.


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ê1995 Statutes of Nevada, Page 1853 (Chapter 539, AB 134)ê

 

subsection [2,] 5, the justice’s court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant pursuant to subsection [2.] 5. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which he may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the court to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.

      [4.] 7.  The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

      (a) The tenant has vacated or been removed from the premises; and

      (b) A copy of those charges has been requested by or provided to the tenant,

whichever is later.

      [5.] 8.  Upon the filing of a motion pursuant to subsection [4,] 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:

      (a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460, and any accumulating daily costs; and

      (b) Order the release of the tenant’s property upon the payment of the charges determined to be due or if no charges are determined to be due.

      [6.] 9.  This section does not apply to the tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215.

      Sec. 2.  NRS 40.254 is hereby amended to read as follows:

      40.254  Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:


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ê1995 Statutes of Nevada, Page 1854 (Chapter 539, AB 134)ê

 

      1.  Written notice to surrender the premises must:

      (a) Be given to the tenant in accordance with the provisions of NRS 40.280;

      (b) Advise the tenant of the court that has jurisdiction over the matter; and

      (c) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the court that has jurisdiction over the matter that he is not guilty of an unlawful detainer.

      2.  The affidavit of the landlord or his agent submitted to the justice’s court or the district court must contain:

      (a) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.

      (b) The date when the tenancy or rental agreement allegedly terminated.

      (c) The date when the tenant became subject to the provisions of NRS 40.251 to 40.2516, inclusive, together with any supporting facts.

      (d) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.

      (e) A statement that the claim for relief was authorized by law.

      3.  If the tenant is found guilty of unlawful detainer as a result of his violation of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorney’s fees incurred by the landlord or his agent as a result of a hearing, if any, held pursuant to subsection [3] 6 of NRS 40.253 wherein the tenant contested the eviction.

      Sec. 3.  NRS 40.280 is hereby amended to read as follows:

      40.280  1.  [The] Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:

      (a) By delivering a copy to the tenant personally, in the presence of a witness;

      (b) If he is absent from his place of residence or from his usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at his place of residence or place of business; or

      (c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.

      2.  Service upon a subtenant may be made in the same manner as provided in subsection 1.

      3.  Before an order to remove a tenant is issued pursuant to subsection [3] 6 of NRS 40.253, a landlord [must] shall file with the court a proof of service of any notice required by that section. [This] Except as otherwise provided in subsection 4, this proof must consist of:

      (a) A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;

      (b) A certificate of mailing issued by the United States Postal Service; or

      (c) The endorsement of a sheriff, constable or other process server stating the time and manner of service.


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ê1995 Statutes of Nevada, Page 1855 (Chapter 539, AB 134)ê

 

      4.  If service of the notice was not delivered in person to a tenant whose rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, proof of service must include:

      (a) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or his agent; or

      (b) The endorsement of a sheriff or constable stating the:

             (1) Time and date the request for service was made by the landlord or his agent;

             (2) Time, date and manner of the service; and

             (3) Fees paid for the service.

      Sec. 4.  NRS 118A.460 is hereby amended to read as follows:

      118A.460  1.  The landlord may dispose of personal property abandoned on the premises by a former tenant or left on the premises after eviction of the tenant without incurring civil or criminal liability in the following manner:

      (a) The landlord [must] shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the tenant or his authorized representative rightfully claiming the property within that period. The landlord is liable to the tenant only for his negligent or wrongful acts in storing the property.

      (b) After the expiration of the 30-day period, the landlord may dispose of the property and recover his reasonable costs out of the property or the value thereof if he has made reasonable efforts to locate the tenant, has notified the tenant in writing of his intention to dispose of the property and 14 days have elapsed since the notice was given to the tenant. The notice must be mailed to the tenant at the tenant’s present address, and if that address is unknown, then at the tenant’s last known address.

      (c) Vehicles must be disposed of in the manner provided in chapter 487 of NRS for abandoned vehicles.

      2.  Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (a) of subsection 1 may be resolved using the procedure provided in subsection [4] 7 of NRS 40.253.

 

________


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ê1995 Statutes of Nevada, Page 1856ê

 

CHAPTER 540, AB 330

Assembly Bill No. 330–Committee on Health and Human Services

CHAPTER 540

AN ACT relating to health care; making various changes related to the billing provided to patients of hospitals; extending the date for the prospective expiration of certain provisions that limit the increase in charges that a major hospital may impose; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.243 is hereby amended to read as follows:

      449.243  Every hospital licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive:

      1.  May, except as otherwise provided in subsection 2, utilize the Uniform Billing and Claims Forms established by the American Hospital Association.

      2.  Shall, except as otherwise provided in this [subsection,] section, on its billings to patients, itemize, on a daily basis, all charges for services, [equipment, ] and charges for equipment used and the supplies and medicines [and describe those charges] provided incident to the provision of those services with specificity and in language that is understandable to an ordinary lay person. This itemized [billing] list must be timely provided after the patient is discharged at no additional cost.

      3.  [If the] Except as otherwise provided in this subsection, if a patient is charged a rate, pursuant to a contract or other agreement, that is different than the billed charges, the [bill may instead specify] hospital shall provide to the patient either:

      (a) A copy of the billing prepared pursuant to subsection 2;

      (b) A statement specifying the agreed rate for the services [, equipment, supplies and medicines.] ; or

      (c) If the patient is not obligated to pay any portion of the bill, a statement of the total charges.

In any case, the hospital shall include on the billing or statement any copayment or deductible for which the patient is responsible. The hospital shall answer any questions regarding the bill.

      [3.] 4.  If the hospital is paid by the insurer of a patient a rate that is based on the number of persons treated and not on the services actually rendered, the hospital shall, upon the discharge of the patient, advise the patient of the status of any copayment or deductible for which the patient is responsible.

      5.  Shall prepare a summary of charges for common services for patients admitted to the hospital and make it available to the public.

      6.  Shall provide to any patient upon request a copy of the billing prepared pursuant to subsection 2.

      Sec. 2.  Section 21 of chapter 706, Statutes of Nevada 1991, as last amended by chapter 583, Statutes of Nevada 1993, at page 2427, is hereby amended to read as follows:

       Sec. 21.  1.  As used in this section:

       (a) “Charge master” means the uniform list of billed charges described in NRS 439B.400, except that the term includes the uniform list of billed charges for units of service or goods provided on an outpatient basis.


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ê1995 Statutes of Nevada, Page 1857 (Chapter 540, AB 330)ê

 

list of billed charges for units of service or goods provided on an outpatient basis.

       (b) “Department” means the department of human resources.

       (c) “Director” means the director of the department.

       (d) “Hospital” has the meaning ascribed to it in NRS 439B.110.

       (e) “Major hospital” means a hospital which has 200 or more licensed or approved beds, or any hospital in a group of affiliated hospitals in a county which have a combined total of 200 or more licensed or approved beds, that is not operated by a federal, state or local governmental agency.

       (f) “New major hospital” means a hospital that becomes a major hospital, as defined in paragraph (e), on or after July 1, 1991.

       (g) “Revenue neutral” means a change in price made by a hospital that neither increases nor decreases the gross revenue of the hospital.

       2.  On or before July 1, 1991, each major hospital shall submit to the department a complete charge master for the hospital that will be effective on July 1, 1991. The charge master must be submitted on a computer medium in a form acceptable to the director.

       3.  Except as otherwise provided in subsections 4 to 9, inclusive, during the period from July 1, 1991, through June 30, [1995,] 1997, no major hospital may:

       (a) Raise the unit price of any item in its charge master.

       (b) Modify the unit to which a price applies unless the change is revenue neutral.

       (c) Replace an existing item in the charge master with a different item or add a new item to its charge master unless the price for the different or new item is approved by the director.

       4.  The director shall by regulation establish a procedure and standards for approving charges for items that:

       (a) Are not stated in the charge master;

       (b) Represent special equipment, supplies or medication ordered by a physician; and

       (c) Are not standard items that the hospital regularly provides,

and for such other unique or unusual items as the director prescribes by regulation. The director shall allow a hospital to use the rate formula that the hospital has in effect on July 1, 1991, for determining charges for such items.

       5.  A major hospital shall notify the department in writing of any modification pursuant to paragraph (b) of subsection 3 or the replacement or addition of an item pursuant to paragraph (c) of subsection 3 not less than 10 days, excluding Saturdays, Sundays and legal holidays, after the modification, replacement or addition. The hospital shall submit with the notice documentation that:

       (a) The modification is revenue neutral; or

       (b) The different or additional item is priced at a level that reflects the same rate of return on the item as the hospital receives on comparable items or received on an item being replaced.

       6.  If the director determines that a modification pursuant to paragraph (b) of subsection 3 is not revenue neutral or that a replacement or addition pursuant to paragraph (c) of subsection 3 exceeds the level allowed pursuant to paragraph (b) of subsection 5, he shall disapprove the proposed charge and notify the hospital of the charge he will allow for the items disapproved.


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ê1995 Statutes of Nevada, Page 1858 (Chapter 540, AB 330)ê

 

addition pursuant to paragraph (c) of subsection 3 exceeds the level allowed pursuant to paragraph (b) of subsection 5, he shall disapprove the proposed charge and notify the hospital of the charge he will allow for the items disapproved. The hospital shall charge the amount approved by the director and shall credit the bill of any patient charged the amount disapproved the difference between the approved charge and the actual charge within 20 days, excluding Saturdays, Sundays and legal holidays, after receiving notice of the disapproval. If the director does not give notice of disapproval pursuant to this subsection within 20 days, excluding Saturdays, Sundays and legal holidays, after receiving notice of the modification, replacement or addition, the modification, replacement or addition shall be deemed approved.

       7.  If any new state or federal taxes are imposed on hospitals between July 1, 1991, and June 30, 1992, except the tax imposed on hospitals pursuant to section 13 of this act and the tax imposed pursuant to section 16 of this act, a major hospital may increase the prices in its charge master by an amount that will generate net revenue sufficient to recover the amount of the added expense. Prices may be increased pursuant to this subsection only to compensate for new taxes. Prices must not be increased to correspond with increases in existing taxes, or a modification, reconfiguration or replacement of existing taxes which results in an increased tax burden on a hospital. The director shall by regulation establish the mechanism for carrying out the increase allowed by this subsection.

       8.  At any time during the fiscal years 1992-93, 1993-94 , [and] 1994-95, 1995-96 and 1996-97, a major hospital may increase the price of any item on its charge master by a percentage up to the percentage increase, if any, in the Consumer Price Index (Medical Care Component for All Urban Consumers) as published by the Bureau of Labor Statistics of the United States Department of Labor for the most recent 12-month period for which information is available at the time the notice of the allowable increase is given pursuant to subsection 10. A hospital shall notify the director in writing within 10 days, excluding Saturdays, Sundays and legal holidays, after making an increase allowed by this subsection. In addition to the increases authorized by this subsection, a hospital may modify the unit to which a price applies, replace an existing item in the charge master with a different item or add a new item to its charge master during the fiscal years 1992-93, 1993-94 , [and] 1994-95 , 1995-96 and 1996-97, in the manner provided in subsections 5 and 6.

       9.  In addition to the increase allowed pursuant to subsection 8, if the net revenue per admission in a major hospital has decreased by at least 4 percent between the base period of July 1, 1989, to June 30, 1990, and the period from July 1, 1992, to March 31, 1993, the major hospital may increase the price of any item on its charge master by not more than an additional 4 percent at any time during fiscal year 1993-94 and 1994-95. A hospital shall notify the director in writing within 10 working days after making an increase allowed by this subsection.

       10.  On or before May 1 [, 1992, May 1, 1993, and May 1, 1994,] of each fiscal year the director shall notify each major hospital of the permissible percentage increase in each item in its charge master for the succeeding fiscal year.


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ê1995 Statutes of Nevada, Page 1859 (Chapter 540, AB 330)ê

 

permissible percentage increase in each item in its charge master for the succeeding fiscal year.

       11.  A major hospital shall submit to the department upon request by the director a detailed listing of charges by the identification code used in the hospital’s charge master for any inpatient admission or outpatient visit on a computer medium in a form acceptable to the director.

       12.  A new major hospital shall submit to the director a complete charge master for the hospital at least 60 days before becoming a major hospital. The charge master must be submitted on a computer medium in a form acceptable to the director. The director shall review, revise as appropriate, and approve the prices in the charge master based upon the prevailing charges in the area in which the new major hospital is located. After approval of the charge master, the hospital is subject to the provisions of this section to the same extent as other major hospitals. The director shall adopt regulations governing the approval of a charge master pursuant to this subsection.

       13.  A major hospital which considers its financial condition so weakened that the quality of care provided by the hospital is seriously jeopardized by any provision of this act, or considers that its financial condition is adversely affected by any other governmental action, may request approval to increase the prices in its charge master by submitting a written request for the increase and supporting documentation to the director. The director shall consider the potential impact on the quality of care provided by the hospital and the probability that failure to grant relief would cause financial instability. The director may approve the request, or revise and approve the request, if he determines that such approval is necessary to ensure the ability of the hospital to provide adequate care to its patients.

       14.  A hospital that submits its charge master for approval pursuant to subsection 12 or requests an increase in its prices pursuant to subsection 13 shall pay the department a fee for its review of the charge master or the request. The director shall by regulation establish rates or fees for the department’s review of the charge master or the request.

       15.  A hospital shall not:

       (a) Raise a unit price in its charge master unless authorized pursuant to this section;

       (b) Charge a patient a higher price for any item than the price stated in the charge master or otherwise authorized pursuant to this section; or

       (c) Except as authorized pursuant to subsection 4, charge a patient for any item not included in its charge master without seeking the approval of the director as required by subsections 5 and 6.

       16.  The director may compare a major hospital’s actual charges with the charges authorized pursuant to this section to determine whether the hospital’s charges are in compliance with the provisions of this section. If the director determines that a hospital has engaged in a pattern of violations or committed an egregious violation of any provision of this section, he may impose an administrative penalty on the hospital of not more than:


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ê1995 Statutes of Nevada, Page 1860 (Chapter 540, AB 330)ê

 

       (a) Two times the difference between the price charged in violation of this section and the allowable price, for each instance in which that item is billed; or

       (b) One thousand dollars,

whichever is greater.

       17.  The director may adopt such regulations as he considers necessary to carry out the provisions of this section.

      Sec. 3.  This act becomes effective upon passage and approval or on July 1, 1995, whichever occurs earlier.

 

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CHAPTER 541, AB 352

Assembly Bill No. 352–Assemblymen Steel, Schneider, Manendo, Goldwater, Brower, Spitler, Close, Batten, Braunlin, Ohrenschall, Segerblom, Allard, Carpenter, Bennett, de Braga, Monaghan, Krenzer, Buckley, Nolan, Sandoval, Tripple, Bache, Lambert, Humke, Stroth, Perkins, Anderson, Harrington, Ernaut, Fettic, Arberry, Price, Marvel, Giunchigliani, Evans, Chowning and Freeman

CHAPTER 541

AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to establish a program for the issuance of certificates of registration for new vehicles sold by a new vehicle dealer; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Registered dealer” means a new vehicle dealer who is authorized to issue certificates of registration pursuant to section 3 of this act.

      Sec. 3.  1.  Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications he receives to the department within the period prescribed by the department;

      (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and


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ê1995 Statutes of Nevada, Page 1861 (Chapter 541, AB 352)ê

 

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, or to claim the exemption from the vehicle privilege tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.

      Sec. 4.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 482.175 is hereby amended to read as follows:

      482.175  The department and the officers and deputies thereof and registered dealers shall examine and to the best of their ability determine the genuineness and regularity of every registration and transfer of registration of a vehicle as provided in this chapter, in order that every certificate issued for a vehicle [shall] must contain true statements of the ownership thereof, and to prevent the registration of a vehicle by any person not entitled thereto. The department [is authorized to] or a registered dealer may require any applicant to furnish such information in addition to that contained in the application as may be necessary to satisfy the department of the truth and regularity of the application.

      Sec. 6.  NRS 482.205 is hereby amended to read as follows:

      482.205  Except as otherwise provided in this chapter, every owner of a motor vehicle, trailer or semitrailer intended to be operated upon any highway in this state shall, before the [same] motor vehicle, trailer or semitrailer can be operated, apply to the department or a registered dealer for and obtain the registration thereof.

      Sec. 7.  NRS 482.206 is hereby amended to read as follows:

      482.206  1.  Except as otherwise provided in this section, every vehicle, except one which is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which is a motor vehicle with a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this state.


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ê1995 Statutes of Nevada, Page 1862 (Chapter 541, AB 352)ê

 

      2.  Every vehicle registered by an agent of the department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.

      3.  Upon the application of the owner of a fleet of vehicles, the director may permit him to register his fleet on the basis of a calendar year.

      4.  When the registration of any vehicle is transferred pursuant to the provisions of NRS 482.3667, 482.379 or 482.399, the expiration date of a regular license plate or plates, collegiate license plate or plates, commemorative license plate or plates, special license plate or plates or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

      (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the department; or

      (b) The day after the transfer in all other cases,

and a credit on the portion of the fee for registration and privilege tax attributable to the remainder of the current period of registration allowed according to the applicable provisions of NRS 482.3667, 482.379 and 482.399.

      Sec. 8.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department [.] or to a registered dealer.

      3.  Each application must be made upon the appropriate form furnished by the department and contain:

      (a) The signature of the owner.

      (b) His residential address.

      (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

      (e) Proof satisfactory to the department or registered dealer that the applicant has provided the security required by NRS 485.185 and his signed declaration that he will maintain the security during the period of registration.

      (f) If the security is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

             (1) A certificate of insurance on a form approved by the commissioner of insurance; or

             (2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.

The department may file that evidence, return it to the applicant or otherwise dispose of it.


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ê1995 Statutes of Nevada, Page 1863 (Chapter 541, AB 352)ê

 

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as is required by the department [,] or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.

      5.  For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      Sec. 9.  NRS 482.230 is hereby amended to read as follows:

      482.230  The department or a registered dealer shall not grant an application for the registration of a vehicle in any of the following events:

      1.  When the applicant therefor is not entitled thereto [under] pursuant to the provisions of this chapter.

      2.  When the applicant has neglected or refused to furnish the department or registered dealer with the information required in the appropriate official form or reasonable additional information required by the department [.] or registered dealer.

      3.  When the fees required therefor by law have not been paid.

      Sec. 10.  NRS 482.235 is hereby amended to read as follows:

      482.235  1.  The department shall file each application received and register the vehicle therein described and the owner thereof in suitable books or on index cards as follows:

      [1.](a) Under a distinctive registration number assigned to the vehicle and to the owner thereof, referred to in this chapter as the registration number.

      [2.](b) Alphabetically under the legal name of the owner.

      [3.](c) Numerically under the serial or vehicle identification number of the vehicle or a permanent identifying number, as may be determined by the department.

      2.  A registered dealer who registers a vehicle shall assign a registration number for that vehicle according to a list of registration numbers issued by the department for use by that dealer.


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ê1995 Statutes of Nevada, Page 1864 (Chapter 541, AB 352)ê

 

      Sec. 11.  NRS 482.240 is hereby amended to read as follows:

      482.240  1.  Upon a registration of a vehicle , the department or a registered dealer shall issue a certificate of registration to the owner.

      2.  When an applicant for registration or transfer of registration [shall be] is unable, for any reason, to submit to the department in support of [such] the application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, [then] the department may issue to [such] the applicant only a certificate of registration.

      3.  The department may, upon proof of ownership satisfactory to it, issue a certificate of ownership [prior to] before the registration of the vehicle concerned. The certificate of registration issued [under] pursuant to this chapter [shall be] is valid only during the registration period or calendar year for which it is issued, and a certificate of ownership [shall be] is valid until canceled by the department upon the transfer of interest therein.

      Sec. 12.  NRS 482.260 is hereby amended to read as follows:

      482.260  1.  [The] When registering a vehicle, the department and its agents [in registering a vehicle] or a registered dealer shall:

      (a) Collect the fees for license plates and registration as provided for in this chapter.

      (b) Collect the privilege tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

      (c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      (d) Issue a certificate of registration . [, together with]

      (e) If the registration is performed by the department, issue the regular license plate or plates.

      (f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to him.

      2.  Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.

      3.  Every vehicle being registered for the first time in Nevada must be taxed for the purposes of the privilege tax for a 12-month period.

      4.  The department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the department of taxation.

      5.  A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the department.

      Sec. 13.  NRS 482.295 is hereby amended to read as follows:

      482.295  The department or a registered dealer shall not register a vehicle intended to be leased by a short-term lessor until the owner demonstrates to the department his financial ability to respond to damages by:

      1.  Providing proof of financial responsibility as that term is defined in NRS 485.105; or

      2.  Qualifying as a self-insurer pursuant to NRS 485.380.


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ê1995 Statutes of Nevada, Page 1865 (Chapter 541, AB 352)ê

 

      Sec. 14.  NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any motor vehicle by any holder of a valid registration, or upon destruction of the motor vehicle, the registration expires.

      2.  The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second motor vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and privilege tax on the motor vehicle to which the registration is transferred over the total registration fee and privilege tax paid on all motor vehicles from which he is transferring his ownership or interest. Application for transfer of registration must be made in person, if practicable, to any office or agent of the department [,] or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete. In computing the privilege tax, the department [or its agent] , its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle. If any person transfers his ownership or interest in two or more vehicles, the department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred.

      3.  In computing the registration fee, the department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred. If the amount owed on the registration fee or privilege tax on that vehicle is less than the credit on the total registration fee or privilege tax paid on all motor vehicles from which a person transfers his ownership or interest, no refund may be allowed.

      4.  If the license plate or plates are not appropriate for the second motor vehicle, the plate or plates must be surrendered to the department or registered dealer and an appropriate plate or plates must be issued [.] by the department. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      5.  If application for transfer of registration is not made with 60 days after the destruction or transfer of ownership of or interest in any motor vehicle, the license plate or plates must be surrendered to the department on or before the 60th day for cancellation of the registration.

      Sec. 15.  NRS 482.423 is hereby amended to read as follows:

      482.423  1.  When a new vehicle is sold in this state for the first time, the seller shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin and, unless the vehicle is sold to a licensed dealer, a dealer’s report of sale.


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ê1995 Statutes of Nevada, Page 1866 (Chapter 541, AB 352)ê

 

dealer, a dealer’s report of sale. The dealer’s report of sale must be in a form prescribed by the department and must include:

      (a) A description of the vehicle;

      (b) The name and address of the seller; and

      (c) The name and address of the buyer.

If in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee must be entered on the dealer’s report of sale and on the manufacturer’s certificate or statement of origin.

      2.  Unless an extension of time is granted by the department, the seller shall:

      (a) Submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin to the department within 20 days after the execution of the dealer’s report of sale; and

      (b) Furnish one copy of the report to the buyer.

One copy must be affixed to the right front windshield of the vehicle, which permits the vehicle to be operated for a period not to exceed [10] 20 days. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of [10] 20 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.

      3.  For the purposes of establishing compliance with the period required by paragraph (a) of subsection 2, the department shall use the date imprinted or otherwise indicated on the dealer’s report of sale as the beginning date of the 20-day period.

      4.  The department shall furnish a special permit for use when a contract of sale is entered to enable the buyer to operate the vehicle for a period not to exceed 10 days. Upon execution of all required documents to complete the sale of a vehicle, the dealer shall remove this permit and execute a dealer’s report of sale as required by this section.

      Sec. 16.  Section 15 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 1867ê

 

CHAPTER 542, AB 459

Assembly Bill No. 459–Assemblymen Bache, Ernaut, Carpenter, Anderson, Neighbors, Giunchigliani, Lambert, Arberry, Dini, de Braga, Fettic, Goldwater, Marvel and Spitler

CHAPTER 542

AN ACT relating to the program of deferred compensation for state employees; making various changes regarding the committee established to administer the program; limiting the authority to make withdrawals from the program; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The governor shall appoint a committee to administer the program. The committee must consist of:

      (a) Three members who are employed by state agencies whose payrolls are administered by the department of personnel;

      (b) One member who is employed by a state agency whose payroll is administered by an entity other than the department of personnel; and

      (c) One member who has retired from employment by the state or the University and Community College System of Nevada.

Each member of the committee must be a participant in the program, have participated in the program for not less than 2 years and have been nominated for membership by five or more persons who have each participated in the program for not less than 6 months.

      2.  After their initial terms, members of the committee serve terms of 4 years or until their successors have been appointed and have qualified.

      3.  A vacancy on the committee occurs when a member dies, resigns or becomes ineligible for membership on the committee. A person becomes ineligible for membership on the committee when:

      (a) He ceases to be a participant in the program; or

      (b) Except as otherwise provided in this paragraph, he ceases to have the qualifications for membership required by the paragraph of subsection 1 under which he was appointed. A member of the committee who ceases to have those qualifications may serve the remainder of his term if that period does not exceed 24 months.

      4.  For the purposes of this section, “participant in the program” means a person who is:

      (a) Deferring compensation pursuant to the program;

      (b) Maintaining deferred compensation in the program; or

      (c) Receiving payments of deferred compensation pursuant to the program.

      Sec. 3.  No money may be withdrawn or appropriated from the program, except:

      1.  For payment to a participant or beneficiary of a participant pursuant to the terms of the program;

      2.  In the amount required to pay the necessary expenses of administering the program; or


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ê1995 Statutes of Nevada, Page 1868 (Chapter 542, AB 459)ê

 

      3.  As specifically authorized by federal law or regulation or by a special act of the legislature.

      Sec. 4.  NRS 287.250 is hereby amended to read as follows:

      287.250  As used in NRS 287.250 to 287.370, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 287.260 to 287.310, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 287.330 is hereby amended to read as follows:

      287.330  1.  The [governor shall appoint a committee, which must include the attorney general or his designee, to administer the program.] committee shall:

      (a) At its first meeting each year, designate one of its members to serve as chairman of the committee for a term of 1 year or until his successor has been designated.

      (b) Act in such a manner as to promote the collective best interests of the participants in the program.

      2.  The committee may:

      (a) Create an appropriate account for administration of money and other assets resulting from compensation deferred pursuant to the program.

      (b) With the approval of the governor, delegate to one or more state agencies or institutions of the University and Community College System of Nevada the responsibility for administering the program for their respective employees, including:

             (1) Collection of deferred compensation;

             (2) Transmittal of money collected to depositories within the state designated by the committee; and

             (3) Payment of deferred compensation to participating employees.

      (c) Contract with a private person, corporation, institution or other entity, directly or through a state agency or institution of the University and Community College System of Nevada, for services necessary to the administration of the plan, including , without limitation:

             (1) Consolidated billing;

             (2) The keeping of records for each participating employee and the program;

             (3) The purchase, control and safeguarding of assets;

             (4) Programs for communication with employees; and

             (5) The administration and coordination of the program.

      [2.] 3.  The committee and its individual members are not liable for any decision relating to investments if the committee has:

      (a) Obtained the advice of qualified counsel on investments . [;]

      (b) Established proper objectives and policies relating to investments . [; and

      (c) Exercised that degree of care and judgment which persons of ordinary prudence and reasonable discretion exercise in the management of their own affairs, considering probable income as well as the probable safety of their capital.]

      (c) Discharged its duties regarding the decision:

             (1) Solely in the interest of the participants in the program; and


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ê1995 Statutes of Nevada, Page 1869 (Chapter 542, AB 459)ê

 

             (2) With the care, skill, prudence and diligence that, under the circumstances existing at the time of the decision, a prudent person who is familiar with similar investments would use while acting in a similar capacity in conducting an enterprise of similar character and purpose.

      (d) Selected at least two plans from separate and distinct providers from which the participants in the program may choose.

      (e) Solicited proposals from qualified providers of plans in January of each odd-numbered year.

      Sec. 6.  1.  The terms of the members of the committee established pursuant to NRS 287.330 who are serving on September 30, 1995, expire on that date.

      2.  As soon as practicable after the effective date of this section, the governor shall appoint to the committee established pursuant to section 2 of this act:

      (a) One of the members required pursuant to paragraph (a) of subsection 1 of that section to an initial term that commences on October 1, 1995, and expires on September 30, 1999.

      (b) One of the members required pursuant to paragraph (a) of subsection 1 of that section, and the member required pursuant to paragraph (b) of subsection 1 of that section to initial terms that commence on October 1, 1995, and expire on September 30, 1998.

      (c) One of the members required pursuant to paragraph (a) of subsection 1 of that section, and the member required pursuant to paragraph (c) of subsection 1 of that section, to initial terms that commence on October 1, 1995, and expire on September 30, 1997.

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

      2.  Sections 1 to 5, inclusive, of this act become effective on October 1, 1995.

 

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ê1995 Statutes of Nevada, Page 1870ê

 

CHAPTER 543, AB 518

Assembly Bill No. 518–Assemblymen Price, Hettrick, Neighbors, Tiffany, Arberry, Marvel, Spitler, Fettic, Giunchigliani, Evans, Close, Chowning, Brower, Allard, Williams, Harrington, Perkins, Goldwater, Bache, Batten, Humke, Sandoval, Tripple, Monaghan, Manendo, Lambert, Anderson, Stroth, Ernaut, Krenzer, Segerblom, Carpenter, Schneider, Buckley, Nolan, Freeman, Ohrenschall, Bennett, de Braga, Steel, Braunlin and Dini

CHAPTER 543

AN ACT relating to the legislature; prohibiting a state agency from taking certain adverse action against certain employees who testify or seek to testify before a house or committee of the legislature on their own behalf; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An employee of a state agency who testifies before a house or committee of the legislature on his own behalf and not on behalf of his employer shall, before commencing his testimony, state the fact clearly on the record.

      2.  It is unlawful for a state agency which is the employer of an employee who complies with subsection 1 and testifies or seeks to testify before a house or committee of the legislature on his own behalf to:

      (a) Deprive the employee of his employment or to take any reprisal or retaliatory action against the employee as a consequence of his testimony or potential testimony;

      (b) Threaten the employee that his testimony or potential testimony will result in the termination of his employment or in any reprisal or retaliatory action against him; or

      (c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee in an effort to interfere with or prevent the testimony of the employee.

      3.  It is unlawful for a state agency to:

      (a) Deprive or threaten to deprive an employee of his employment;

      (b) Take or threaten to take any reprisal or retaliatory action against the employee; or

      (c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee,

in an attempt to affect the behavior of another employee who is testifying or seeks to testify before a house or committee of the legislature on his own behalf.

      4.  The provisions of this section do not apply to an employee in the classified service who has not completed his probationary period.

      5.  For the purposes of this section:


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ê1995 Statutes of Nevada, Page 1871 (Chapter 543, AB 518)ê

 

      (a) “Reprisal or retaliatory action” has the meaning ascribed to it in subsection 3 of NRS 281.641.

      (b) “State agency” means an agency, bureau, board, commission, department, division, officer, employee or agent or any other unit of the executive department of the state government.

      Sec. 2.  NRS 218.531 is hereby amended to read as follows:

      218.531  As used in NRS 218.531 to 218.535, inclusive, and section 1 of this act, “committee” means a committee of either the senate or the assembly, a joint committee of both houses, or, when any of the foregoing committees is authorized to create subcommittees, a subcommittee.

 

________

 

 

CHAPTER 544, AB 587

Assembly Bill No. 587–Committee on Labor and Management

CHAPTER 544

AN ACT relating to industrial insurance; authorizing the attorney general to use a portion of the fines, fees and assessments he recovers to pay the costs of operating the fraud control unit; prohibiting a provider of health care who is convicted of certain fraudulent practices from accepting payment for accident benefits provided to injured employees; prohibiting an employer from knowingly employing a person who is receiving benefits for a temporary total disability in an unlawful manner; revising the provisions relating to the payment of an award for a permanent partial disability in a lump sum to an employee who is the subject of a criminal action and is alleged to have made false statements or representations to obtain benefits; making it unlawful to misrepresent knowingly the classification or duties of an employee; clarifying that the attorney general may use health care records in civil or criminal actions; expanding the right of certain persons to receive copies of such records; requiring providers and employers to make certain records located outside this state available upon request; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  An employer who fails to pay an amount of money charged to him pursuant to the provisions of NRS 616.630 or 616.635 is liable in a civil action commenced by the attorney general for:

      (a) Any amount charged to the employer by the manager pursuant to NRS 616.630 or 616.635;

      (b) Not more than $10,000 for each act of willful deception;

      (c) An amount equal to three times the total amount of the reasonable expenses incurred by the state in enforcing this section; and

      (d) Payment of interest on the amount charged at the rate fixed pursuant to NRS 99.040 for the period from the date upon which the amount charged was due to the date upon which the amount charged is paid.

      2.  A criminal action need not be brought against an employer described in subsection 1 before civil liability attaches under this section.


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ê1995 Statutes of Nevada, Page 1872 (Chapter 544, AB 587)ê

 

      3.  Any payment of money charged pursuant to the provisions of NRS 616.630 or 616.635 and collected pursuant to paragraph (a) or (d) of subsection 1 must be paid to the system. The system shall deposit the money with the state treasurer for credit to the state insurance fund.

      4.  Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the fraud control unit for industrial insurance established pursuant to the provisions of NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the state general fund.

      Sec. 3.  1.  No provider of health care who has been convicted of violating any provision of NRS 616.678 to 616.683, inclusive, may, for 5 years after the date of the first conviction or at any time after the date of a second or subsequent conviction, receive or accept a payment for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of this chapter or chapter 617 of NRS.

      2.  A person who violates any provision of this section is guilty of a gross misdemeanor.

      Sec. 4.  1.  An employer shall not knowingly offer employment or continue to employ a person who is receiving payments for a temporary total disability in violation of the provisions of this chapter or NRS 281.390.

      2.  An employer who is convicted of violating the provisions of subsection 1 is guilty of a gross misdemeanor.

      Sec. 4.5.  NRS 616.252 is hereby amended to read as follows:

      616.252  1.  Any offender confined at the state prison, while engaged in work in a prison industry or work program, whether the [prison industry] program is operated by an institution of the department of prisons , by contract with a public entity or by a private employer, is entitled to coverage under the modified program of industrial insurance established by regulations adopted by the system when the director of the department of prisons requests such coverage and complies with the provisions of the regulations, and coverage is approved by the system.

      2.  An offender is limited to the rights and remedies established by the provisions of the modified program of industrial insurance established by regulations adopted by the system. The offender is not entitled to any rights and remedies established by the provisions of chapters 616 and 617 of NRS.

      3.  The system shall, in cooperation with the department of prisons and the risk management division of the department of administration, adopt regulations setting forth a modified program of industrial insurance to provide offenders with industrial insurance against personal injuries arising out of and in the course of their work in a prison industry or work program.

      Sec. 5.  NRS 616.355 is hereby amended to read as follows:

      616.355  1.  Any physician or chiropractor who attends an employee within the provisions of this chapter or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician or chiropractor who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians or chiropractors. These fees must be paid by the system, the self-insured employer or the association of self-insured public or private employers.


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ê1995 Statutes of Nevada, Page 1873 (Chapter 544, AB 587)ê

 

self-insured employer or the association of self-insured public or private employers.

      2.  Information gained by the attending physician or chiropractor while in attendance on the injured employee is not a privileged communication if [required] :

      (a) Required by an appeals officer for a proper understanding of the case and a determination of the rights involved [.] ; or

      (b) The information is related to any fraud that has been or is alleged to have been committed in violation of the provisions of this chapter.

      Sec. 6.  NRS 616.563 is hereby amended to read as follows:

      616.563  1.  [If] Except as otherwise provided in this section, if an insurer determines that an employee has knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the willful misrepresentation or concealment of a material fact.

      2.  An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616.5412 to 616.544, inclusive. If the final decision by an appeals officer is favorable to the employee, the administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive, if [:

      (a) The final decision is favorable to the employee; and

      (b) The] the administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment.

      3.  If an employee elects to receive his award for a permanent partial disability in a lump sum pursuant to NRS 616.607 and a criminal action is brought against the employee for an alleged violation of NRS 616.675, the insurer shall, upon receiving notice of the action and until a judgment is entered in the action, pay reasonable portions of the lump sum award in monthly installments. If the employee is not convicted of the alleged violation, the insurer shall pay the employee the balance of the award in a lump sum. The provisions of subsection 2 do not apply to require any additional payment at the conclusion of a criminal action.

      4.  This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616.675.

      Sec. 7.  NRS 616.630 is hereby amended to read as follows:

      616.630  1.  If the manager finds that an employer within the provisions of NRS 616.285 [has] :

      (a) Has failed to provide and secure compensation as required by the terms of this chapter [,] ; or

      (b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon and may charge the employer an amount [equal to] of not more than three times the premiums that would otherwise have been owed to the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing , [or] securing or maintaining that compensation, but not to exceed 6 years.


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ê1995 Statutes of Nevada, Page 1874 (Chapter 544, AB 587)ê

 

for the period that the employer was doing business in this state without providing , [or] securing or maintaining that compensation, but not to exceed 6 years.

      2.  The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager’s determination may appeal from the determination pursuant to subsection 2 of NRS 616.635.

      3.  Any employer within the provisions of NRS 616.285 who fails to provide , [and] secure or maintain compensation as required by the terms of this chapter, is:

      (a) For the first offense, guilty of a gross misdemeanor.

      (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a [gross misdemeanor.] felony, punishable by imprisonment in the state prison for not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

      Sec. 8.  NRS 616.635 is hereby amended to read as follows:

      616.635  1.  If the manager finds that any employer or any employee, officer or agent of any employer has knowingly [made] :

      (a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based [,] ; or

      (b) Misrepresented the classification or duties of an employee,

he shall make a determination thereon and charge the employer’s account an amount equal to three times the amount of the premium due. The manager shall mail a copy of his determination to the employer.

      2.  An employer who is aggrieved by the manager’s determination may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was mailed to the employer. The manager shall hold a hearing within 30 days after he receives the request. The determination of the manager made pursuant to a hearing is a final decision for the purposes of judicial review.

      3.  A person who knowingly [makes] :

      (a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based ; or

      (b) Misrepresents the classification or duties of an employee,

is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

      Sec. 9.  NRS 616.675 is hereby amended to read as follows:

      616.675  Unless a different penalty is provided pursuant to NRS 616.678 to 616.683, inclusive, any person who knowingly makes a false statement or representation , including, but not limited to, a false statement or representation relating to his identity or the identity of another person, or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter, either for himself or for any other person, shall be punished as follows:


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ê1995 Statutes of Nevada, Page 1875 (Chapter 544, AB 587)ê

 

      1.  If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.

      2.  If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, 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.

      Sec. 10.  NRS 616.676 is hereby amended to read as follows:

      616.676  As used in NRS 616.676 to 616.685, inclusive, and section 3 of this act, unless the context otherwise requires:

      1.  “Charge” means any communication, whether oral, written, electronic or magnetic, which is used to identify specific accident benefits as reimbursable pursuant to this chapter or chapter 617 of NRS, or which may be used to determine a rate of payment pursuant to this chapter or chapter 617 of NRS.

      2.  “Provider of health care” means a person who receives or attempts to receive payment from:

      (a) An insurer;

      (b) A third-party administrator; or

      (c) An organization for managed care which has contracted with an insurer or third-party administrator,

for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of this chapter or chapter 617 of NRS.

      3.  “Record” means any medical, professional or business record relating to:

      (a) The treatment or care of an injured employee;

      (b) Accident benefits provided to an injured employee; or

      (c) Rates paid for such accident benefits.

      Sec. 11.  NRS 616.684 is hereby amended to read as follows:

      616.684  1.  A person who receives a payment or benefit to which he is not entitled by reason of a violation of any of the provisions of NRS 616.675, 616.678, 616.679, 616.681, 616.682 or 616.683 is liable in a civil action commenced by the attorney general for:

      (a) An amount equal to three times the amount unlawfully obtained;

      (b) Not less than $5,000 for each act of deception;

      (c) An amount equal to three times the total amount of the reasonable expenses incurred by the state in enforcing this section; and

      (d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made.

      2.  A criminal action need not be brought against a person who receives a payment or benefit to which he is not entitled by reason of a violation of any of the provisions of NRS 616.675, 616.678, 616.679, 616.681, 616.682 or 616.683 before civil liability attaches under this section.

      3.  A person who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the person returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it.

      4.  Any repayment of money collected pursuant to [the provisions of this section] paragraph (a) or (d) of subsection 1 must be paid to the insurer who made the payment to the person who violated the provisions of this section.


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ê1995 Statutes of Nevada, Page 1876 (Chapter 544, AB 587)ê

 

made the payment to the person who violated the provisions of this section. Any payment made to an insurer may not exceed the amount paid by the insurer to that person. If the insurer is the system, the system shall deposit any repayment of money collected pursuant to this section with the state treasurer for credit to the state insurance fund.

      5.  Any penalty collected pursuant to [the provisions of this section] paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the state general fund.

      Sec. 12.  NRS 616.710 is hereby amended to read as follows:

      616.710  1.  The attorney general may prosecute all criminal actions for the violation of any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive. The commencement of a civil action by the attorney general pursuant to NRS 616.684 or section 2 of this act or for the recovery of any civil penalties, fines, fees or assessments imposed pursuant to the provisions of this chapter or chapter 617 of NRS does not preclude the prosecution of a criminal action by the attorney general pursuant to this section.

      2.  Upon request, any person shall furnish to the attorney general information which would assist in the prosecution of any person alleged to have violated any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive. Any person who fails to furnish such information upon request is guilty of a misdemeanor.

      Sec. 13.  NRS 616.720 is hereby amended to read as follows:

      616.720  1.  The books, records and payrolls of an employer pertinent to the investigation of a violation of any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance, must always be open to inspection by an investigator for the attorney general for the purpose of ascertaining the correctness of such information and as may be necessary for the attorney general to carry out his duties pursuant to NRS 228.420. If the books, records or payrolls are located outside this state, the employer shall make any records requested pursuant to this section available in this state for inspection within 10 working days after the request.

      2.  If an employer refuses to produce any book, record, payroll report or other document in conjunction with an investigation conducted by the fraud control unit for industrial insurance, the attorney general may issue a subpoena to require the production of that document.

      3.  If an employer refuses to produce any document as required by the subpoena, the attorney general may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of the production of the document;

      (b) The employer has been subpoenaed by the attorney general pursuant to this section; and

      (c) The employer has failed or refused to produce the document required by the subpoena, and asking for an order of the court compelling the employer to produce the document.


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ê1995 Statutes of Nevada, Page 1877 (Chapter 544, AB 587)ê

 

and asking for an order of the court compelling the employer to produce the document.

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

      5.  If it appears to the court that the subpoena was regularly issued by the attorney general, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.

      Sec. 14.  NRS 616.730 is hereby amended to read as follows:

      616.730  1.  If a person is convicted of violating any of the provisions of NRS 616.630, 616.635 or 616.675 to 616.700, inclusive, he:

      [1.] (a) Forfeits all rights to compensation under this chapter or chapter 617 of NRS after conviction for the offense; and

      [2.] (b) Is liable for [the] :

             (1) The reasonable costs incurred by an insurer and the office of the attorney general to investigate and act upon the violation [, and for the] ;

             (2) All costs incurred for the prosecution of the person by the court in which the conviction was obtained; and

             (3) The payments or benefits fraudulently obtained under this chapter or chapter 617 of NRS.

      2.  A judgment of conviction entered against the person must contain a provision which requires the person convicted to pay the costs of investigation and prosecution and the payments or benefits specified in subsection 1.

      3.  Any money received by the attorney general pursuant to subparagraph (1) of paragraph (b) of subsection 1 must be used to pay the salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the state general fund.

      Sec. 15.  NRS 49.245 is hereby amended to read as follows:

      49.245  There is no privilege under NRS 49.225 or 49.235:

      1.  For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

      2.  As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.

      3.  As to written medical or hospital records relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.

      4.  In a prosecution or mandamus proceeding under chapter 441A of NRS.

      5.  As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.

      6.  As to any written medical or hospital records which are furnished in accordance with the provisions of NRS 629.061.

      7.  As to records that are required by chapter 453 of NRS to be maintained.


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ê1995 Statutes of Nevada, Page 1878 (Chapter 544, AB 587)ê

 

      8.  In a review before a screening panel pursuant to NRS 41A.003 to 41A.069, inclusive.

      9.  If the services of the physician are sought or obtained to enable or aid a person to commit or plan to commit fraud or any other unlawful act in violation of any provision of chapter 616 or 617 of NRS which the person knows or reasonably should know is fraudulent or otherwise unlawful.

      Sec. 16.  NRS 228.420 is hereby amended to read as follows:

      228.420  1.  The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

      2.  For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

      3.  The attorney general, acting through the unit established pursuant to subsection 2:

      (a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance ; [benefits;]

      (b) Shall cooperate with the state industrial insurance system, the division of industrial relations of the department of business and industry, self-insured employers, associations of self-insured public or private employers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance;

      (c) Shall protect the privacy of persons who are eligible to receive benefits pursuant to the provisions of chapter 616 or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

      (d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, the state industrial insurance system , [and] the division of industrial relations of the department of business and industry and the state contractors’ board to investigate any alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance.

      4.  When acting pursuant to NRS 228.175, 228.410 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

      5.  The attorney general shall report the name of any person who has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.


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ê1995 Statutes of Nevada, Page 1879 (Chapter 544, AB 587)ê

 

616.640, 616.675 to 616.700, inclusive, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.

      6.  The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance . [benefits.]

      7.  As used in this section:

      (a) “Association of self-insured private employers” has the meaning ascribed to it in NRS 616.0265.

      (b) “Association of self-insured public employers” has the meaning ascribed to it in NRS 616.0267.

      (c) “Self-insured employer” has the meaning ascribed to it in NRS 616.112.

      Sec. 17.  NRS 624.256 is hereby amended to read as follows:

      624.256  1.  Before granting an original or renewal of a contractor’s license to any applicant , [who has one or more employees,] the board shall require that the applicant submit to the board:

      [1.] (a) Proof of industrial insurance and insurance for occupational diseases which covers his employees;

      [2.] (b) A copy of his certificate of qualification as a self-insured employer which was issued by the commissioner of insurance; [or

      3.] (c) If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the commissioner of insurance [.] ; or

      (d) An affidavit signed by the applicant affirming that he is not subject to the provisions of chapter 616 of NRS because:

             (1) He has no employees;

             (2) He is not or does not intend to be a subcontractor for a principal contractor; and

             (3) He has not or does not intend to submit a bid on a job for a principal contractor or subcontractor.

      2.  The board shall notify the fraud control unit for industrial insurance established pursuant to NRS 228.420 whenever the board learns that an applicant or holder of a contractor’s license has engaged in business as or acted in the capacity of a contractor within this state without having obtained industrial insurance or insurance for occupational diseases in violation of the provisions of chapters 616 and 617 of NRS.

      Sec. 18.  NRS 629.061 is hereby amended to read as follows:

      629.061  1.  Each provider of health care shall make the health care records of a patient available for physical inspection by:

      (a) The patient or a representative with written authorization from the patient;

      (b) An investigator for the attorney general or a grand jury investigating an alleged violation of NRS 422.540 to 422.570, inclusive;

      (c) An investigator for the attorney general investigating an alleged violation of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance; or

 


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ê1995 Statutes of Nevada, Page 1880 (Chapter 544, AB 587)ê

 

any fraud in the administration of chapter 616 or 617 of NRS or in the provision of benefits for industrial insurance; or

      (d) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. If the records are located outside this state, the provider shall make any records requested pursuant to this section available in this state for inspection within 10 working days after the request.

      2.  The provider of health care shall also furnish a copy of the records to each person described in [paragraphs (a) and (d) of this] subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

      [2.] 3.  Each person who owns or operates an ambulance in this state shall make his records regarding a sick or injured patient available for physical inspection by:

      (a) The patient or a representative with written authorization from the patient; or

      (b) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in [paragraphs (a) and (b) of] this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.

      [3.] 4.  Records made available to a representative or investigator must not be used at any public hearing unless:

      (a) The patient named in the records has consented in writing to their use; or

      (b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

[This subsection does not prohibit a]

      5.  Subsection 4 does not prohibit:

      (a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.

      [4.] (b) The attorney general from using health care records in the course of a civil or criminal action against the patient or provider of health care.


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ê1995 Statutes of Nevada, Page 1881 (Chapter 544, AB 587)ê

 

      6.  A provider of health care or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

      Sec. 19.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.

      Sec. 20.  Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 545, AB 607

Assembly Bill No. 607–Assemblyman Hettrick

CHAPTER 545

AN ACT relating to property taxes; exempting from taxation privately owned parks which are open to the public without charge; limiting circumstances under which certain real property taxes may be paid in installments; requiring ex officio tax receivers to notify certain persons of statutes authorizing the department of taxation to provide relief from penalties; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The acquisition, improvement or use of land by the public as a park is a municipal purpose, whether or not the park is owned or operated by a local government.

      2.  The real property and improvements of a privately owned park which, pursuant to an agreement with a local government, are used by the public without charge, excluding areas from which income is derived, are exempt from taxation.

      Sec. 2.  NRS 361.483 is hereby amended to read as follows:

      361.483  1.  Except as otherwise provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes are due on the third Monday of August.

      2.  Taxes assessed upon the real property tax roll may be paid in four equal installments [.] if the taxes assessed on the parcel exceed $100.

      3.  Taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.

      4.  If a person elects to pay in quarterly installments, the first installment is due on the third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.

      5.  If any person charged with taxes which are a lien on real property fails to pay:


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ê1995 Statutes of Nevada, Page 1882 (Chapter 545, AB 607)ê

 

      (a) Any one quarter of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.

      (b) Any two quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the later quarter of taxes becomes due, there must be added thereto a penalty of 5 percent of the two quarters due.

      (c) Any three quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the latest quarter of taxes becomes due, there must be added thereto a penalty of 6 percent of the three quarters due.

      (d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.

      6.  Any person charged with taxes which are a lien on a mobile home who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:

      (a) The entire amount of the taxes [are] is due;

      (b) A penalty of 10 percent of the taxes due;

      (c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and

      (d) The county assessor may proceed under NRS 361.535.

      7.  The ex officio tax receiver of a county shall notify each person in the county who is subject to a penalty pursuant to this section of the provisions of NRS 360.410 and 360.419.

      Sec. 3.  Notwithstanding the provisions of subsection 1 of NRS 354.599, each local government shall pay any additional expenses related to the provisions of this act from existing revenues of that local government.

      Sec. 4.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 546, AB 643

Assembly Bill No. 643–Committee on Judiciary

CHAPTER 546

AN ACT relating to traffic laws; revising the provisions governing the testing of a driver’s breath, urine or blood for the purpose of determining the alcoholic content or the presence of a controlled substance in his breath or blood; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.922 is hereby amended to read as follows:

      483.922  1.  [A] Except as otherwise provided in NRS 484.383, a person who drives or is in actual physical control of a commercial motor vehicle within this state shall be deemed to have given consent to [the taking] an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of [testing those substances to determine his alcohol concentration] determining the alcoholic content of his blood or breath or to detect the presence of a controlled substance in his system.


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ê1995 Statutes of Nevada, Page 1883 (Chapter 546, AB 643)ê

 

determining the alcoholic content of his blood or breath or to detect the presence of a controlled substance in his system.

      2.  The tests [may] must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining the driver of a commercial motor vehicle, has [an articulable suspicion] reasonable grounds to believe that the driver was driving a commercial motor vehicle while [having alcohol or a controlled substance in his system.

      3.  The police officer shall warn the person requested to submit to a test that if he refuses so to submit he is subject to the penalties established in regulations adopted by the department pursuant to NRS 483.908.] under the influence of intoxicating liquor or a controlled substance.

      Sec. 2.  NRS 484.382 is hereby amended to read as follows:

      484.382  1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath for the purpose of determining the alcoholic content of his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has [an articulable suspicion] reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      2.  [The person under suspicion must be informed that his failure to submit to the preliminary test will result in the immediate revocation of his privilege to drive a vehicle.

      3.] If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 [, and if reasonable grounds otherwise exist, the officer shall] and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

      [4.] 3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      Sec. 3.  NRS 484.383 is hereby amended to read as follows:

      484.383  1.  Except as otherwise provided in subsections [4 and 5,] 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      2.  [The person to be tested must be informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.

      3.  Any person who] If the person to be tested pursuant to subsection 1 is dead [, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.


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ê1995 Statutes of Nevada, Page 1884 (Chapter 546, AB 643)ê

 

submit to the test will result in the revocation of his privilege to drive a vehicle.

      4.] or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but [may] must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      [5.] 4.  If the alcoholic content of the blood or breath of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.

      [6.] 5.  If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test. [The officer shall inform him that his failure to submit to either or both of the blood and urine tests, as required, will result in the revocation of his privilege to drive a vehicle. A failure to submit to either or both of these tests constitutes a failure to submit to one test under this section.

      7.] 6.  Except as otherwise provided in subsections [4 and 6,] 3 and 5, a police officer shall not direct a person to submit to a urine test.

      8.] 7.  If a person to be tested fails to submit to a required test as directed by a police officer under this section [, none may be given, except that if] and the officer has reasonable cause to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance , [and that the person:

      (a) Thereby caused death or substantial bodily harm to another; or

      (b) Has been convicted of an offense, as defined in subsection 8 of NRS 484.3792, within the previous 7 years,] the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.

      Sec. 4.  NRS 484.384 is hereby amended to read as follows:

      484.384  1.  [Except as otherwise provided in subsection 2, if a person fails to submit to an evidentiary test as directed by a police officer under NRS 484.383, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege to drive for a period of 1 year.

      2.  If the person who has failed to submit to such a test has had his license, permit or privilege to drive suspended or revoked for failing to submit to such a test within the immediately preceding 7 years, he is not eligible for a license, permit or privilege to drive for a period of 3 years.


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ê1995 Statutes of Nevada, Page 1885 (Chapter 546, AB 643)ê

 

      3.  If a person fails to submit to a preliminary test of his breath as directed by a police officer under NRS 484.382 or the] If the result of a test given under NRS 484.382 or NRS 484.383 shows that [he] a person had 0.10 percent or more by weight of alcohol in his blood at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.

      [4.] 2.  If revocation of a person’s license, permit or privilege to drive under NRS 483.460 follows a revocation under subsection [3] 1 which was based on his having 0.10 percent or more by weight of alcohol in his blood, the department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.

      [5.] 3.  Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

      Sec. 5.  NRS 484.385 is hereby amended to read as follows:

      484.385  1.  As agent for the department, the officer who [directed that a test be given pursuant to NRS 484.382 or 484.383 or who] obtained the result of [such] a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who [fails to submit to the test,] has 0.10 percent or more by weight of alcohol in his blood or has a detectable amount of a controlled substance in his system, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the department along with the written certificate required by subsection 2.

      2.  When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had 0.10 percent or more by weight of alcohol in his blood or had a detectable amount of a controlled substance in his system, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, [if any,] a written certificate that he had [:

      (a) An articulable suspicion that the person had been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to a required preliminary test;

      (b) Reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance and the person refused to submit to a required evidentiary test; or

      (c) Reasonable] reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with 0.10 percent or more by weight of alcohol in his blood or with a detectable amount of a controlled substance in his system, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.


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ê1995 Statutes of Nevada, Page 1886 (Chapter 546, AB 643)ê

 

must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.

      3.  The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

      4.  Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

      5.  As used in this section, “controlled substance” means any of the following substances for which a valid prescription has not been issued to the consumer:

      (a) Amphetamine;

      (b) Benzoylecgonine;

      (c) Cocaine;

      (d) Heroin;

      (e) Lysergic acid diethylamide;

      (f) Mecloqualone;

      (g) Mescaline;

      (h) Methamphetamine;

      (i) Methaqualone;

      (j) Monoacetylmorphine;

      (k) Phencyclidine;

      (l) N-ethylamphetamine;

      (m) N, N-dimethylamphetamine;

      (n) 2, 5-dimethoxyamphetamine;

      (o) 3, 4-methylenedioxyamphetamine;

      (p) 3, 4, 5-trimethoxyamphetamine;

      (q) 4-bromo-2, 5-dimethoxyamphetamine;

      (r) 4-methoxyamphetamine;

      (s) 4-methyl-2, 5-dimethoxyamphetamine;

      (t) 5-dimethoxy-alpha-methylphenethylamine; or

      (u) 5-methoxy-3, 4-methylenedioxyamphetamine,

if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.

      Sec. 6.  NRS 484.386 is hereby amended to read as follows:

      484.386  1.  Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the percentage of alcohol in a person’s breath may be used to establish that percentage only if two consecutive samples of the person’s breath are taken and:

 


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ê1995 Statutes of Nevada, Page 1887 (Chapter 546, AB 643)ê

 

be used to establish that percentage only if two consecutive samples of the person’s breath are taken and:

      (a) The difference between the percentage of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

      (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the percentage of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

      (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484.383, the fourth evidentiary test must be a blood test.

      2.  If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the percentage of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the percentage.

      3.  [A willful failure] If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test [is a failure to submit to a required evidentiary test.] , a police officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 484.383.

      Sec. 7.  NRS 484.387 is hereby amended to read as follows:

      484.387  1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted with 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a re-examination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

      2.  The scope of the hearing must be limited to the [issues] issue of whether the person , [failed to submit to a test or,] at the time of the test, had 0.10 percent or more by weight of alcohol in his blood or a detectable amount of a controlled substance in his system. Upon an affirmative finding on [any of these issues,] this issue, the department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

      3.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. This court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.

      4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.


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ê1995 Statutes of Nevada, Page 1888 (Chapter 546, AB 643)ê

 

department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

      Sec. 8.  NRS 484.389 is hereby amended to read as follows:

      484.389  1.  If a person refuses to submit to a required chemical test provided for in NRS 484.382 or 484.383, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while he was driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

      2.  Except as otherwise provided in subsection [4] 3 of NRS 484.382, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.382 to 484.393, inclusive.

      3.  If a person submits to [such a test,] a chemical test provided for in NRS 484.382 or 484.383, full information concerning that test must be made available, upon his request, to him or his attorney.

      4.  Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the committee on testing for intoxication.

      Sec. 9.  The amendatory provisions of this act do not apply to offenses which are committed before October 1, 1995.

 

________

 

 

CHAPTER 547, AB 672

Assembly Bill No. 672–Committee on Taxation

CHAPTER 547

AN ACT relating to property taxes; exempting certain property leased or rented to the University and Community College System of Nevada from taxation; revising the provisions governing the exemption of property used for religious worship; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      All real and personal property which is leased or rented to the University and Community College System of Nevada for total consideration which is less than 10 percent of the fair market rental or lease value of the property is hereby deemed to be used for an educational purpose and is exempt from taxation.

      Sec. 2.  NRS 361.125 is hereby amended to read as follows:

      361.125  1.  Except as otherwise provided in subsection 2, churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, owned by some recognized religious society or corporation, and parsonages so owned, are exempt from taxation.


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ê1995 Statutes of Nevada, Page 1889 (Chapter 547, AB 672)ê

 

religious society or corporation, and parsonages so owned, are exempt from taxation.

      2.  Except as otherwise provided in NRS 361.157, when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the property must be taxed.

      3.  If a recognized religious society or corporation leases or rents space to facilitate worship during the same fiscal year in which it owns a parcel of vacant land with the intent of constructing a church or chapel, other than a marriage chapel, on that land and the society or corporation has no other church or chapel in the county, the parcel of land is exempt from taxation for not more than 3 consecutive years. If a church or chapel has not been constructed by the end of the third year of exemption or the property is sold before that date, the exemption is voided and the taxes must be paid for the years for which an exemption pursuant to this subsection was claimed.

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 548, AB 710

Assembly Bill No. 710–Committee on Labor and Management

CHAPTER 548

AN ACT relating to occupational safety and health; requiring the establishment of standards and procedures for the operation of cranes; limiting the applicability of certain federal occupational safety and health standards; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:

      The division shall adopt regulations establishing standards and procedures for the operation of cranes, including, without limitation, regulations requiring the:

      1.  Establishment and implementation of site safety plans and procedures for the erection and dismantling of tower cranes;

      2.  Establishment of a clear zone around the erection, dismantling or other highly hazardous lifts with a crane;

      3.  Annual certification of the mechanical lifting parts of the crane;

      4.  Certification of tower cranes each time a tower crane is erected and additional annual certifications of tower cranes while they continue to be in use; and

      5.  Establishment and implementation of programs for the training and certification of crane operators.


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ê1995 Statutes of Nevada, Page 1890 (Chapter 548, AB 710)ê

 

      Sec. 2.  NRS 618.295 is hereby amended to read as follows:

      618.295  1.  The division shall adopt such regulations as are necessary to provide safe and healthful employment in those employments within its jurisdiction.

      2.  The division shall not propose standards or regulations for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.

      3.  The division may adopt by emergency regulation temporary emergency standards for the protection of employees who are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards.

      4.  Standards established under this chapter must apply equally to all places of employment.

      5.  Standards or regulations must provide for furnishing prompt information to employees by means of labels or warning signs regarding hazards in the workplace. The information must include the suitable precautions, the symptoms and emergency treatment in case of exposure to hazards.

      6.  If an employee has been exposed to a hazard and the division considers a medical examination necessary, the cost of the examination must be paid by the employer. The results of the examination must be furnished only to the division and, at the request of the employee, to the employee’s physician.

      7.  Standards or regulations must prescribe the use of suitable protective equipment and control methods or procedures to include monitoring or measuring any exposures. The employees are entitled to be apprised of such monitoring and to obtain the results.

      8.  All federal occupational safety and health standards which the Secretary of Labor promulgates, modifies or revokes, and any amendments thereto, shall be deemed Nevada occupational safety and health standards [.] unless the division, in accordance with federal law, adopts regulations establishing alternative standards that provide protection equal to the protection provided by those federal occupational safety and health standards.

      Sec. 3.  The division of industrial relations of the department of business and industry shall adopt the regulations required by section 1 of this act on or before February 1, 1996.

      Sec. 4.  This act becomes effective upon passage and approval for the purpose of the adoption of regulations by the division of industrial relations of the department of business and industry pursuant to section 1 of this act and on February 1, 1996, for all other purposes.

 

________


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ê1995 Statutes of Nevada, Page 1891ê

 

CHAPTER 549, AB 717

Assembly Bill No. 717–Committee on Natural Resources, Agriculture and Mining

CHAPTER 549

AN ACT relating to storage tanks; providing criteria for determining whether discharged petroleum needs to be cleaned up; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 459.834 is hereby amended to read as follows:

      459.834  1.  The commission shall by regulation [:

      1.  Establish requirements for corrective] establish requirements for:

      (a) Corrective action to be taken in response to a release from a storage tank; [and

      2.  Establish requirements for maintaining]

      (b) Ensuring that the corrective action is cost-effective; and

      (c) Maintaining evidence of the financial responsibility of owners and operators of storage tanks.

      2.  In determining whether corrective action is required by the presence of excessive petroleum in the soil, the division shall consider, unless waived by the administrator of the division:

      (a) Factors peculiar to the site and to the contaminant; and

      (b) The use of methods developed by the American Society for Testing and Materials to access health and environmental risks, or equivalent procedures, to establish the need for corrective action and the required level of corrective action.

 

________

 

 

CHAPTER 550, AB 728

Assembly Bill No. 728–Committee on Government Affairs

CHAPTER 550

AN ACT relating to local financial administration; authorizing the withholding of certain payments to a local government that fails to file certain reports; revising the provisions governing a severe financial emergency; authorizing the department of taxation to provide technical financial assistance to a local government under certain circumstances; repealing the provisions concerning actions to correct conditions of financial difficulty in a local government; and providing other matters properly relating thereto.

 

[Approved July 3, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  If a local government does not file a statement, report or other document as required by the provisions of NRS 350.0035, 354.602, 354.6025, 354.624, 354.6245 or 387.303 within 15 days after the day on which it was due, the executive director shall notify the governing body of the local government in writing that the report is delinquent.


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ê1995 Statutes of Nevada, Page 1892 (Chapter 550, AB 728)ê

 

354.6025, 354.624, 354.6245 or 387.303 within 15 days after the day on which it was due, the executive director shall notify the governing body of the local government in writing that the report is delinquent. The notification must be noted in the minutes of the first meeting of the governing body following transmittal of the notification.

      2.  If the required report is not received by the department within 45 days after the day on which the report was due, the executive director shall notify the governing body that the presence of a representative of the governing body is required at the next practicable scheduled meeting of the Nevada tax commission to explain the reason that the report has not been filed. The notice must be transmitted to the governing body at least 5 days before the date on which the meeting will be held.

      3.  If an explanation satisfactory to the Nevada tax commission is not provided at the meeting as requested in the notice and an arrangement is not made for the submission of the report, the commission may instruct the executive director to request that the state treasurer withhold from the local government the next distribution of the supplemental city-county relief tax if the local government is otherwise entitled to receive such a distribution or of the Local School Support Tax if the local government is a school district. Upon receipt of such a request, the state treasurer shall withhold the payment and all future payments until he is notified by the executive director that the report has been received by the department.

      Sec. 3.  1.  If the department finds that one or more of the following conditions exist in any local government after giving consideration to the severity of the condition, it may determine that one or more hearings should be conducted to determine the extent of the problem and to determine whether a recommendation of severe financial emergency should be made to the Nevada tax commission:

      (a) Required financial reports have not been filed or are consistently late.

      (b) The audit report reflects the unlawful expenditure of money in excess of the amount appropriated in violation of the provisions of NRS 354.626.

      (c) The audit report shows funds with deficit fund balances.

      (d) The local government has incurred debt beyond its ability to repay.

      (e) The local government has not corrected violations of statutes or regulations adopted pursuant thereto as noted in the audit report.

      (f) The local government has serious internal control problems noted in the audit report which have not been corrected.

      (g) The local government has a record of being late in its payments for services and supplies.

      (h) The local government has had insufficient cash to meet required payroll payments in a timely manner.

      (i) The local government has borrowed money or entered into long-term lease arrangements without following the provisions of NRS or regulations adopted pursuant thereto.

      (j) The governing body of the local government has failed to correct problems after it has been notified of such problems by the department.

      (k) The local government has not separately accounted for its individual funds as required by chapter 354 of NRS.


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ê1995 Statutes of Nevada, Page 1893 (Chapter 550, AB 728)ê

 

      (l) The local government has invested its money in financial instruments in violation of the provisions of chapter 355 of NRS.

      (m) The local government is in violation of any covenant in connection with any debt issued by the local government.

      (n) The local government has not made bond and lease payments in accordance with the approved payment schedule.

      (o) The local government has failed to control its assets such that large defalcations have occurred which have impaired the financial condition of the local government.

      (p) The local government has recognized sizeable losses as a result of the imprudent investment of money.

      (q) The local government has allowed its accounting system and recording of transactions to deteriorate to such an extent that it is not possible to measure accurately the results of operations or to ascertain the financial position of the local government without a reconstruction of transactions.

      (r) The local government has consistently issued checks not covered by adequate deposits.

      (s) The local government has loaned and borrowed money between funds without following the proper procedures.

      (t) The local government has expended money in violation of the provisions governing the expenditure of that money.

      (u) Money restricted for any specific use has been expended in violation of the terms and provisions relating to the receipt and expenditure of that money.

      (v) Money has been withheld in accordance with the provisions of section 2 of this act.

      2.  In addition to any notice otherwise required, the department shall give notice of any hearing held pursuant to subsection 1 to the governing body of each local government whose jurisdiction overlaps with the jurisdiction of the local government whose financial condition will be considered at least 10 days before the date on which the hearing will be held.

      3.  If the department, following the hearing or hearings, determines that a recommendation of severe financial emergency should be made to the Nevada tax commission, it shall make such a recommendation as soon as practicable. Upon receipt of such a recommendation, the Nevada tax commission shall hold a hearing at which the department, the local government whose financial condition will be considered and each local government whose jurisdiction overlaps with the jurisdiction of the local government whose financial condition will be considered are afforded an opportunity to be heard. If, after the hearing, the Nevada tax commission determines that a severe financial emergency exists, it shall require by order that the department take over the management of the local government as soon as practicable.

      Sec. 4.  1.  As soon as practicable after the department takes over the management of a local government, the executive director shall:

      (a) Determine the total amount of expenditures necessary to allow the local government to perform the basic functions for which it was created;

      (b) Determine the amount of revenue reasonably expected to be available to the local government; and


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ê1995 Statutes of Nevada, Page 1894 (Chapter 550, AB 728)ê

 

      (c) Consider any alternative sources of revenue available to the local government.

      2.  If the executive director determines that the available revenue is not sufficient to provide for the payment of required debt service and operating expenses, he may submit his findings to the committee who shall review the determinations made by the executive director. If the committee determines that additional revenue is needed, it shall prepare a recommendation to the Nevada tax commission as to which one or more of the following additional taxes or charges should be imposed by the local government:

      (a) The levy of a property tax up to a rate which when combined with all other overlapping rates levied in the state does not exceed $4.50 on each $100 of assessed valuation.

      (b) An additional tax on transient lodging at a rate not to exceed 1 percent of the gross receipts from the rental of transient lodging within the boundaries of the local government upon all persons in the business of providing lodging. Any such tax must be collected and administered in the same manner as all other taxes on transient lodging are collected by or for the local government.

      (c) Additional service charges appropriate to the local government.

      (d) If the local government is a county or has boundaries that are conterminous with the boundaries of the county:

             (1) An additional tax on the gross receipts from the sale or use of tangible personal property not to exceed one quarter of 1 percent throughout the county. The ordinance imposing any such tax must include provisions in substance which comply with the requirements of subsections 2 to 5, inclusive, of NRS 377A.030.

             (2) An additional motor vehicle privilege tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except those vehicles exempt from the motor vehicle privilege tax imposed pursuant to chapter 371 of NRS or a vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations. As used in this subparagraph, “based” has the meaning ascribed to it in NRS 482.011.

      3.  Upon receipt of the plan from the committee, the Nevada tax commission shall hold a public hearing at a location within the boundaries of the local government in which the severe financial emergency exists after giving public notice of the hearing at least 10 days before the date on which the hearing will be held. In addition to the public notice, the Nevada tax commission shall give notice to the governing body of each local government whose jurisdiction overlaps with the jurisdiction of the local government in which the severe financial emergency exists.

      4.  After the public hearing, the Nevada tax commission may adopt the plan as submitted or adopt a revised plan. Any plan adopted pursuant to this section must include the duration for which any new or increased taxes or charges may be collected which must not exceed 5 years.

      5.  Upon adoption of the plan by the Nevada tax commission, the local government in which the severe financial emergency exists shall impose or cause to be imposed the additional taxes and charges included in the plan for the duration stated in the plan or until the severe financial emergency has been determined by the Nevada tax commission to have ceased to exist.


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ê1995 Statutes of Nevada, Page 1895 (Chapter 550, AB 728)ê

 

the duration stated in the plan or until the severe financial emergency has been determined by the Nevada tax commission to have ceased to exist.

      6.  The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this section.

      Sec. 5.  1.  A governing body which determines that the local government is in need of technical financial assistance may adopt a resolution requesting an appearance before the Nevada tax commission to request technical financial assistance from the department.

      2.  Upon receipt of a resolution adopted pursuant to subsection 1, the Nevada tax commission shall place the request for technical financial assistance on the agenda for the next practicable scheduled meeting of the commission and notify the governing body of the local government of the time and place at which one or more representatives of the local government must appear to present the request.

      3.  After hearing the request for technical financial assistance, if the Nevada tax commission finds that the local government is in need of technical financial assistance, it shall order the department to provide the assistance. The order must include such terms and conditions as the commission deems appropriate and may include a schedule or rate of payment for the services of the department.

      4.  If the governing body adopts a resolution accepting the terms and conditions established pursuant to subsection 3, the department shall provide such technical financial assistance to the local government as the department deems necessary and appropriate.

      5.  The department may request any assistance it deems appropriate to carry out the provisions of this section from the committee.

      6.  The department shall continue to provide assistance to the local government pursuant to this section until the Nevada tax commission adopts an order requiring the department to cease providing the assistance. The Nevada tax commission may adopt such an order upon its own motion or upon receipt of a resolution adopted by the governing body requesting such an order.

      7.  If no payment for the services of the department is required by the order or such payments are not sufficient to pay the costs of providing the technical financial assistance required pursuant to this section, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269 to pay the costs of providing the technical financial assistance required pursuant to this section.

      Sec. 6.  NRS 354.59811 is hereby amended to read as follows:

      354.59811  Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.618, 450.425 and 543.600 and section 4 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short- term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

 


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ê1995 Statutes of Nevada, Page 1896 (Chapter 550, AB 728)ê

 

under a capital lease executed before April 30, 1981, must be calculated as follows:

      1.  The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area or tax increment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

      2.  This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

      Sec. 7.  NRS 354.624 is hereby amended to read as follows:

      354.624  1.  Each local government shall provide for an annual audit of all of its:

      (a) Funds;

      (b) Account groups; and

      (c) Separate accounts established pursuant to NRS 354.603.

A local government may provide for more frequent audits as it deems necessary. Except as provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered under the provisions of chapter 628 of NRS.

      2.  The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.

      3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.


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

ê1995 Statutes of Nevada, Page 1897 (Chapter 550, AB 728)ê

 

      4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The report of the audit must include:

      (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; and

      (b) A comparison of operations of the local government with the approved budget and a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous reports have been acted upon by adoption as recommended, adoption with modifications or rejection.

      5.  The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

      (a) The clerk or secretary of the governing body;

      (b) The county clerk;

      (c) The department of taxation; and

      (d) In the case of a school district, the department of education.

      6.  The governing body shall act upon the recommendations of the report of the audit within [6] 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

      Sec. 8.  NRS 286.462 is hereby amended to read as follows:

      286.462  If a public employer is delinquent by more than 90 days in submitting a report or paying an amount due pursuant to subsection 3 of NRS 286.460, the system shall submit a written complaint to the department of taxation asking it to take such actions as are necessary [to correct a condition of financial difficulty] in accordance with [NRS 354.650 to 354.720, inclusive.] section 3 of this act.

      Sec. 9.  NRS 350A.153 is hereby amended to read as follows:

      350A.153  1.  This chapter does not confer upon a municipality authority to pledge revenues for the payment of revenue securities. Any such authority must be derived from other law.

      2.  No state securities may be issued pursuant to this chapter for the purpose of acquiring revenue securities unless the governing body of the municipality issuing the revenue securities includes within the ordinance, resolution or other instrument authorizing the issuance of the revenue securities a statement authorizing the state treasurer and any other appropriate state officer to withhold from any allocable local revenues to which the municipality is otherwise entitled an amount necessary and legally available to pay the principal and interest due on the revenue securities if the municipality fails to pay timely such principal and interest.


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

ê1995 Statutes of Nevada, Page 1898 (Chapter 550, AB 728)ê

 

officer to withhold from any allocable local revenues to which the municipality is otherwise entitled an amount necessary and legally available to pay the principal and interest due on the revenue securities if the municipality fails to pay timely such principal and interest. The governing body of the municipality shall provide to the state treasurer:

      (a) A copy of the ordinance, resolution or other instrument authorizing the issuance of the revenue securities;

      (b) A schedule of payments for the revenue securities; and

      (c) The name and address of the person from whom payments of principal and interest on the revenue securities will be received by the state treasurer.

      3.  Payments of principal and interest on revenue securities must be due not later than 1 working day before the payments of principal and interest are due on the state securities issued to acquire the revenue securities. If a payment of the principal or interest on revenue securities is not received by the state treasurer by the date on which the payment is due, the state treasurer shall immediately notify the municipality to determine if the payment will be immediately forthcoming. If the payment will not be immediately forthcoming, the state treasurer shall:

      (a) Forward the amount necessary to make the payment from any legally available money in the reserve fund created for that purpose in the bond bank fund; and

      (b) Withhold that amount from the next payment to the municipality of allocable local revenues legally available therefor. If the amount so withheld is insufficient to pay the amount due, the state treasurer may continue to withhold any amounts necessary from subsequent payments to the municipality until the amount due is paid.

      4.  If, after being notified pursuant to this section, a municipality fails to make a payment of principal or interest on any revenue securities issued by it, the state treasurer shall notify the [state board of finance and the] department of taxation and request that [corrective] action be taken pursuant to the provisions of [NRS 354.650 to 354.720, inclusive.] section 3 of this act.

      5.  The state controller and the director of the department of administration shall approve requisitions or transfers required pursuant to this section and take such other action as is necessary to carry out the provisions of this section.

      Sec. 10.  NRS 361.453 is hereby amended to read as follows:

      361.453  [The] Except as otherwise provided in section 4 of this act, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.

      Sec. 11.  NRS 387.303 is hereby amended to read as follows:

      387.303  1.  Not later than November 15 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:

      (a) For each fund with the school district, including , without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions.


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

ê1995 Statutes of Nevada, Page 1899 (Chapter 550, AB 728)ê

 

state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (b) The court of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

      (c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.

      (d) The school district’s actual expenditures in the fiscal year immediately preceding the report.

      (e) The school district’s proposed expenditures for the current fiscal year.

      (f) The salary schedule for licensed employees in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the board of trustees shall submit a supplemental report to the superintendent upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the salary schedule agreed to or required by the arbitrator.

      (g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      (h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

      (i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay, and the number of employees receiving that pay in the preceding and current fiscal years.

      2.  On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.

      3.  The superintendent shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.

      Sec. 12.  Section 2 of Senate Bill No. 305 of this session is hereby amended to read as follows:

       Sec. 2.  [The] Unless prior approval is obtained from the executive director of the department of taxation, the White Pine County School District shall not issue or sell any form of municipal security, enter into any lease, or incur any other obligation other than current accounts that are payable and necessary for the normal operation of the school district, until October 1, 1995.


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

ê1995 Statutes of Nevada, Page 1900 (Chapter 550, AB 728)ê

 

are payable and necessary for the normal operation of the school district, until October 1, 1995.

      Sec. 13.  Section 2 of Senate Bill No. 367 of this session is hereby amended to read as follows:

       Sec. 2.  1.  Notwithstanding the provisions of chapter 354 of NRS, the board of trustees of the White Pine County School District may, in accordance with the provisions of this section, borrow money in an amount not to exceed $2,800,000 to pay the operating expenses of the school district for the period beginning on April 1, 1995, and ending on July 31, 1995. Any money borrowed pursuant to this section:

       (a) May not be used to pay for any capital obligation incurred on or after April 1, 1995.

       (b) Must not be considered in the negotiation of the salaries and benefits of persons employed by the White Pine County School District.

       2.  The local governmental advisory committee shall:

       (a) Adopt procedures to be used by the White Pine County School District to borrow the money needed to pay the operating expenses of the school district for the period beginning on April 1, 1995, and ending on July 31, 1995;

       (b) Solicit proposals from prospective lenders to obtain the loans that are required to pay those expenses; and

       (c) Review the proposals received to determine which of the proposals is in the best interests of the residents of White Pine County after giving consideration to the rates of interest and other terms and conditions of the various proposals received.

       3.  The board of trustees may, by resolution, authorize such financing pursuant to any proposal approved by the local governmental advisory committee if, in a separate resolution, the board of trustees declares that the school district is unable to pay the expenses incurred to operate the school district for the period beginning on April 1, 1995, and ending on July 31, 1995. The resolution authorizing such financing must be adopted at a regular or special meeting of the board of trustees for which notice has been given pursuant to the provisions of NRS 241.020.

       4.  The maximum term of any obligation incurred by the White Pine County School District pursuant to this section may not exceed [5] 10 years.

       5.  To evidence any obligation incurred pursuant to this section, the board of trustees may issue as general obligations any of the securities set forth in NRS 350.580.

       6.  Any obligation incurred by the board of trustees pursuant to this section does not constitute an obligation of the State of Nevada.

       7.  Any member of the board of trustees of the White Pine County School District, or any officer, agent or other representative of the board of trustees, who willfully violates any provision of this section is guilty of a misdemeanor.

       8.  As used in this section, the term “operating expenses” means all expenses of the school district necessary for its operation, including the payment of principal and interest and lease payments with respect to all bonds and other obligations incurred by the district before April 1, 1995.


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

ê1995 Statutes of Nevada, Page 1901 (Chapter 550, AB 728)ê

 

bonds and other obligations incurred by the district before April 1, 1995.

      Sec. 14.  Section 3 of Assembly Bill No. 536 of this session is hereby amended to read as follows:

       Sec. 3.  As used in sections 3 to 6, inclusive, of Assembly Bill No. 536 of this session and sections 2 to 5, inclusive, of this act, unless the context requires otherwise:

       1.  “Committee” means the committee on local government finance.

       2.  “Department” means the department of taxation.

       3.  “Executive director” means the executive director of the department of taxation.

       4.  “Local government” means any local government subject to the provisions of the Local Government Budget Act.

       [4.] 5.  The words and terms defined in the Local Government Budget Act have the meanings ascribed to them in that act.

      Sec. 15.  Section 4 of Assembly Bill No. 536 of this session is hereby amended to read as follows:

       Sec. 4.  1.  [A local government shall be deemed to be in a condition of severe financial emergency if:

       (a) The department finds the local government to be in a condition of financial difficulty pursuant to NRS 354.660; and

       (b) The governing body of the local government adopts a resolution stating that it is unable to pay its expenses of operating for 1 or more months.

The department shall take over the management of a local government that is in a condition of severe financial emergency as soon as practicable after the conditions of paragraphs (a) and (b) have been met.

       2.] As soon as practicable after taking over the management of a local government, the department shall, with the approval of the committee:

       (a) Establish and implement a management policy and a financing plan for the local government;

       (b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;

       (c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;

       (d) Establish an accounting system and separate bank accounts, if necessary, to receive and expend all money and assets of the local government;

       (e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;

       (f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;

       (g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;

 


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ê1995 Statutes of Nevada, Page 1902 (Chapter 550, AB 728)ê

 

pursuant to the provisions of the Local Government Employee-Management Relations Act;

       (h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;

       (i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;

       (j) Meet with the creditors of the local government and formulate a debt liquidation program;

       (k) Approve the issuance of bonds or other forms of indebtedness by the local government;

       (l) Discharge any of the outstanding debts and obligations of the local government; and

       (m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.

       2.  The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.

       3.  The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.

       4.  Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.

       5.  The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection [2.] 1.

       6.  Once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to section 6 of this act.

      Sec. 16.  Section 6 of Assembly Bill No. 536 of this session is hereby amended to read as follows:

       Sec. 6.  1.  The Nevada tax commission may, on its own motion or at the request of a local government, terminate the management of a local government by the department at any time upon a finding that the severe financial emergency has ceased to exist.

       2.  The governing body of a local government which has complied with all requests made by the department pursuant to section 4 of this act may petition the Nevada tax commission for termination or modification of the management of the local government by the department or of any request made by the department pursuant to section 4 of this act.

       3.  The Nevada tax commission shall provide notice, a hearing and a written decision on each such petition.


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

ê1995 Statutes of Nevada, Page 1903 (Chapter 550, AB 728)ê

 

       4.  In determining whether a condition of severe financial emergency should be terminated the Nevada tax commission shall give consideration to the following:

       (a) The local governing body has shown a desire and capability to manage the financial affairs of the local government in accordance with the provisions of NRS.

       (b) The local government has staff available with sufficient financial expertise that they can adequately control the finances of the local government.

       (c) All violations of statutes have been corrected.

       (d) The local government has no funds with deficit fund balances.

       (e) The local government has increased their revenues or made appropriate expenditure reductions so that it is anticipated they can operate for the next fiscal year in a positive cash and fund balance position.

       (f) The governing body has expressed a determination through a resolution submitted to the department of taxation to manage their affairs in accordance with NRS relating to financial matters and utilizing sound accounting and financial management practices.

       5.  The Nevada tax commission may require the governing body to submit special reports to the department for a period not to exceed 5 years as a condition of terminating the management of the local government by the department.

       6.  When a petition relating to a specific request is denied, the governing body may not resubmit a petition to terminate or modify that request until 3 months following the date of denial.

      Sec. 17.  NRS 354.650, 354.660, 354.670, 354.680, 354.690, 354.700, 354.710 and 354.720 are hereby repealed.

      Sec. 18.  Any local government which was deemed to be in a condition of severe financial emergency pursuant to subsection 1 of section 4 of Assembly Bill No. 536 of this session, before the amendment of that section by section 15 of this act, is hereby deemed to have been determined by the Nevada tax commission to be a local government in which a severe financial emergency exists pursuant to section 3 of this act.

      Sec. 19.  1.  This section and sections 1 to 7, inclusive, and 9 to 18, inclusive, of this act become effective on July 1, 1995.

      2.  Section 8 of this act becomes effective at 12:01 a.m. on July 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 1904ê

 

CHAPTER 551, AB 8

Assembly Bill No. 8–Assemblyman Marvel

CHAPTER 551

AN ACT relating to local governments; authorizing the creation of a general improvement district to furnish facilities for certain radio transmission; authorizing unincorporated towns to provide for certain radio transmissions; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 318 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In the case of a district created wholly or in part for acquiring facilities for FM radio, the board has the power to:

      (a) Acquire broadcast, transmission and relay improvements for FM radio.

      (b) Levy special assessments against specially benefited real property on which are located receivers operated within the district and able to receive broadcasts of FM radio supplied by the district.

      (c) Fix tolls, rates and other service or use charges for services furnished by the district or facilities of the district, including, without limitation, any one, all or any combination of the following:

             (1) Flat rate charges;

             (2) Charges classified by the number of receivers;

             (3) Charges classified by the value of property served by receivers of FM radio;

             (4) Charges classified by the character of the property served by receivers of FM radio;

             (5) Minimum charges;

             (6) Stand-by charges; or

             (7) Other charges based on the availability of service.

      2.  The district does not have the power in connection with the basic power stated in this section to:

      (a) Borrow money which loan is evidenced by the issuance of any general obligation bonds or other general obligations of the district.

      (b) Rebroadcast an FM radio signal in a community served by a commercial radio station licensed by the Federal Communications Commission.

      Sec. 2.  NRS 318.020 is hereby amended to read as follows:

      318.020  As used in this chapter [the following words or phrases are defined as follows:] , unless the context otherwise requires:

      1.  “Acquisition,” “acquire” and “acquiring” each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.

      2.  “Board of trustees” and “board” alone each means the board of trustees of a district.

      3.  “FM radio” means a system of radio broadcasting by means of frequency modulation.


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ê1995 Statutes of Nevada, Page 1905 (Chapter 551, AB 8)ê

 

      4.  “General improvement district” and “district” alone each means any general improvement district organized or, in the case of organizational provisions, proposed to be organized, pursuant to this chapter.

      [4.] 5.  “Mail” means a single mailing first class [(] or its equivalent , [),] postage prepaid, by deposit in the United States mails, at least 15 days [prior to] before the designated time or event.

      [5.] 6.  “Project” and “improvement” each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including , but not limited to , land, elements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

      [6.] 7.  “Publication” means publication at least once a week for 3 consecutive weeks in at least one newspaper of general circulation in the district. It [shall not be] is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication [shall] must be at least 15 days [prior to] before the designated time or event.

      [7.] 8.  “Qualified elector” means a person who has registered to vote in district elections.

      [8.] 9.  “Special assessment district” means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.

      [9.] 10.  “Trustees” means the members of a board.

      Sec. 3.  NRS 318.116 is hereby amended to read as follows:

      318.116  Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

      1.  Furnishing electric light and power, as provided in NRS 318.117;

      2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

      3.  Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;

      4.  Furnishing facilities for swimming pools, as provided in NRS 318.1191;

      5.  Furnishing facilities for television, as provided in NRS 318.1192;

      6.  Furnishing facilities for FM radio, as provided in section 1 of this act;

      7.  Furnishing streets and alleys, as provided in NRS 318.120;

      [7.] 8.  Furnishing curb, gutter and sidewalks, as provided in NRS 318.125;

      [8.] 9.  Furnishing sidewalks, as provided in NRS 318.130;

      [9.] 10.  Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;

      [10.] 11.  Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;

      [11.] 12.  Furnishing facilities for lighting streets, as provided in NRS 318.141;


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ê1995 Statutes of Nevada, Page 1906 (Chapter 551, AB 8)ê

 

      [12.] 13.  Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;

      [13.] 14.  Furnishing recreational facilities, as provided in NRS 318.143;

      [14.] 15.  Furnishing facilities for water, as provided in NRS 318.144;

      [15.] 16.  Furnishing fencing, as provided in NRS 318.1195;

      [16.] 17.  Furnishing facilities for protection from fire, as provided in NRS 318.1181;

      [17.] 18.  Furnishing energy for heating, as provided in NRS 318;1175; and

      [18.] 19.  Furnishing emergency medical services, as provided in NRS 318.1185.

      Sec. 4.  NRS 318.197 is hereby amended to read as follows:

      318.197  1.  The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, lighting, garbage or refuse rates, tolls or charges other than special assessments, including, but not limited to, service charges and stand-by service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and pledge [such] the revenue for the payment of any indebtedness or special obligations of the district.

      2.  Upon compliance with subsection 9 and until paid, all rates, tolls or charges constitute a perpetual lien on and against the property served. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any [such] liens, claims and titles including the liens of general taxes and special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any [such] lien is foreclosed the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the district and the real property assessment roll in the county in which the property is located.

      3.  The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.

      4.  The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

      (a) The granting of discounts for prompt payment of bills.

      (b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which [such] services and facilities are to be used. In case of nonpayment of all or part of a bill, the deposits or prepaid charges must be applied only insofar as necessary to liquidate the cumulative amount of the charges plus penalties and cost of collection.

      (c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.


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ê1995 Statutes of Nevada, Page 1907 (Chapter 551, AB 8)ê

 

      5.  The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the first day of the calendar month following the date of payment specified in the bill the charge becomes delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. The board may provide for collection of the penalties provided for in this section.

      6.  The board may provide that charges for any service must be collected together with and not separately from the charges for any other service rendered by it, and that all charges must be billed upon the same bill and collected as one item.

      7.  The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by the person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by the person, firm or corporation pursuant to a contract is not paid and if the person, firm or corporation renders any public utility service to the person billed, the person, firm or corporation may discontinue its utility service until the bill is paid, and the contract between the board and the person, firm or corporation may so provide.

      8.  As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all [of] such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

      9.  A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

      (a) Mailed to the last known owner at his last known address according to the records of the district and the real property assessment roll of the county in which the property is located;

      (b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;

      (c) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land; and

      (d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

      Sec. 5.  NRS 269.127 is hereby amended to read as follows:

      269.127  1.  A town board or board of county commissioners may:

      [1.] (a) Make application for and hold any license required to provide television or FM radio broadcast translator signals [.] , or both.

      [2.] (b) Contract with any person, corporation or association to provide the equipment, facilities and services necessary to furnish [television] such broadcast translator signals for a period not to exceed 10 years.


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ê1995 Statutes of Nevada, Page 1908 (Chapter 551, AB 8)ê

 

      [3.] (c) Enter into contracts for the purposes of this section that extend beyond the term of office of any member of the board or commission.

      [4.] (d) Levy and collect a tax upon the assessed value of property within an unincorporated town to cover the costs of providing [television] such broadcast translator signals to that town.

      2.  As used in this section, “FM radio” means a system of radio broadcasting by means of frequency modulation.

      Sec. 6.  NRS 354.626 is hereby amended to read as follows:

      354.626  1.  No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities, school districts or special districts, by the district attorney.

      2.  Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

      (a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.

      (b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

      (c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

      (d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

      (e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.

      (f) Contracts between a local government and any person for the construction or completion of public works, money for which has been provided by the proceeds of a sale of bonds or short-term financing. Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

      (g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuring fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

      (h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.


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ê1995 Statutes of Nevada, Page 1909 (Chapter 551, AB 8)ê

 

      (i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

      (j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.

      Sec. 7.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 552, AB 65

Assembly Bill No. 65–Committee on Education

CHAPTER 552

AN ACT relating to educational personnel; requiring an investigation by the state concerning the criminal history of applicants for state licensure or employment by a school district; authorizing the limited dissemination of the results of the investigation; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the superintendent of public instruction pursuant to regulations adopted by the commission and as otherwise provided by law.

      2.  Every applicant for a license [shall] must submit with his application a complete set of his fingerprints and written permission authorizing the superintendent to forward the fingerprints to the Federal Bureau of Investigation [for its report.] and to the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant. The superintendent may issue a provisional license pending receipt of [such a report] the reports if he determines that the applicant is otherwise qualified.

      3.  [Upon receipt of the report referred to in subsection 2 and a determination by the superintendent that the applicant is qualified, a] A license must be issued to [the applicant.] an applicant if the superintendent determines that the applicant is qualified and:

      (a) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the central repository for Nevada records of criminal history do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

      (b) The superintendent determines, in his discretion, that any conviction indicated in the reports on the criminal history of the applicant is unrelated to the position within the county school district for which the applicant applied.


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

ê1995 Statutes of Nevada, Page 1910 (Chapter 552, AB 65)ê

 

      Sec. 2.  NRS 391.035 is hereby amended to read as follows:

      391.035  1.  An application to the superintendent of public instruction for a license as a teacher or to perform other educational functions and all documents in the department’s file relating to the application, including:

      (a) The applicant’s health records;

      (b) His fingerprints and any report from the Federal Bureau of Investigation [;] or the central repository for Nevada records of criminal history;

      (c) Transcripts of his record at colleges or other educational institutions;

      (d) His scores on the examinations administered pursuant to the regulations adopted by the commission;

      (e) Any correspondence concerning the application; and

      (f) Any other personal information,

are confidential.

      2.  It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection 6 of NRS 179A.075 or the applicant’s written authorization.

      3.  The department shall, upon request, make available the applicant’s file for his inspection during regular business hours.

      Sec. 3.  NRS 391.100 is hereby amended to read as follows:

      391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.

      2.  The board of trustees of a school district:

      (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof; and

      (b) Shall establish policies governing the duties and performance of teacher aides.

      3.  Each applicant for employment pursuant to this section, except a teacher or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation and the central repository for Nevada records of criminal history for [its report.] their reports on the criminal history of the applicant.

      4.  The board of trustees of a school district may employ or appoint persons to serve as school police officers.

      Sec. 4.  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.


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

ê1995 Statutes of Nevada, Page 1911 (Chapter 552, AB 65)ê

 

      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.

      4.  The division shall:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Sexual offenses and other records of criminal history; and

             (2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

      (b) Use a record of the subject’s fingerprints as the basis for any records maintained regarding him.

      5.  The division may:

      (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

             (1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;

             (2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; or

             (3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      6.  The central repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the superintendent of public instruction for a license;

             (2) Has applied to a county school district for employment; or


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ê1995 Statutes of Nevada, Page 1912 (Chapter 552, AB 65)ê

 

             (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

      (f) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

      [(e)] (g) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The central repository may:

      (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

      8.  As used in this section, “advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

      Sec. 5.  NRS 179A.140 is hereby amended to read as follows:

      179A.140  [1.] Agencies of criminal justice [may] :

      1.  Shall charge a fee for information relating to sexual offenses or other records of criminal history furnished in response to a request by a prospective employer concerning an applicant for employment; and


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ê1995 Statutes of Nevada, Page 1913 (Chapter 552, AB 65)ê

 

      2.  May charge a reasonable fee for any other information relating to sexual offenses or other records of criminal history furnished to any person or governmental entity except another agency of criminal justice.

      [2.] 3.  All money received or collected by the department pursuant to this section must be used to defray the cost of operating the central repository.

 

________

 

 

CHAPTER 553, AB 73

Assembly Bill No. 73–Assemblyman Marvel

CHAPTER 553

AN ACT making an appropriation to Pershing County for expenses related to the trial of Michael Sonner; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

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 Pershing County the sum of $118,714.84 for expenses related to the trial of Michael Sonner for the murder of Highway Patrolman Carlos J. Borland.

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

 

________

 

 

CHAPTER 554, AB 80

Assembly Bill No. 80–Assemblymen Segerblom, Marvel, de Braga, Buckley, Nolan, Sandoval, Perkins, Krenzer, Giunchigliani, Bache, Price, Ohrenschall, Dini, Schneider, Hettrick, Neighbors, Arberry, Manendo, Chowning, Anderson, Evans, Spitler, Allard, Carpenter, Batten, Goldwater, Steel, Williams, Ernaut and Braunlin

CHAPTER 554

AN ACT relating to cultural resources; revising provisions regarding certain grants of financial assistance and the issuance of related general obligation bonds; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233C.225 is hereby amended to read as follows:

      233C.225  1.  The commission for cultural affairs shall determine annually the total amount of financial assistance it will grant in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The commission shall notify the state board of examiners of the total amount to be granted. In no case may the amount to be granted exceed $2,000,000 per year.

      2.  After receiving the notice given pursuant to subsection 1, the state board of examiners shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the commission and to pay the expenses related to the issuance of the bonds.


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

ê1995 Statutes of Nevada, Page 1914 (Chapter 554, AB 80)ê

 

Nevada in the amount necessary to generate the amount to be granted by the commission and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. No public debt is created, within the meaning of section 3 of article 9 of the constitution of the State of Nevada, until the issuance of the bonds.

      3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the state treasurer and credited to the fund for the preservation and promotion of cultural resources.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      5.  The amount of financial assistance granted pursuant to this section must not exceed [$2,500,000.] $20,000,000 in any 10-year period. The total face amount of the bonds issued pursuant to this section must not exceed the sum of:

      (a) The amount of financial assistance granted pursuant to this section; and

      (b) The amount necessary to pay the expenses related to the issuance of the bonds, which must not exceed 2 percent of the face amount of the bonds sold.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 555, AB 92

Assembly Bill No. 92–Committee on Judiciary

CHAPTER 555

AN ACT relating to juveniles; requiring the revocation of the driver’s licenses of certain juveniles who drive under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a child who is less than 18 years of age is found by the juvenile court to have committed the unlawful act of driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795, the judge, or his authorized representative, shall, if the child possesses a driver’s license, issue an order revoking the driver’s license of that child for 90 days. If such an order is issued, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses and a copy of the order.

      2.  The judge shall require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement of the driver’s license of the child.


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ê1995 Statutes of Nevada, Page 1915 (Chapter 555, AB 92)ê

 

NRS 483.495 as a condition of reinstatement of the driver’s license of the child.

      3.  If the child is found to have committed a subsequent unlawful act as set forth in subsection 1, the court shall order an additional period of revocation to apply consecutively with the previous order.

      4.  The judge may authorize the department to issue a restricted driver’s license pursuant to NRS 483.490 to a child whose driver’s license is revoked pursuant to this section.

      Sec. 2.  NRS 62.226 is hereby amended to read as follows:

      62.226  1.  Except as otherwise provided in subsection 3 [,] and section 1 of this act, whenever any child is found to have committed the unlawful act of:

      (a) Using, possessing, selling or distributing a controlled substance;

      (b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020; or

      (c) Placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or section 3 of [this act,] Assembly Bill No. 374 of this session,

the judge, or his authorized representative, may, if the child possesses a driver’s license, issue an order suspending the child’s driver’s license for not more than 2 years. If such an order is issued, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.

      2.  If the child does not possess a driver’s license and the child is or will be eligible to apply for a driver’s license within the 2 years immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a driver’s license for a period specified by the court but not to exceed 2 years:

      (a) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

      (b) After the date the child will be eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

The court shall, within 5 days after issuing the order, forward to the department a copy of the order.

      3.  If a child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

      4.  The department of motor vehicles and public safety:

      (a) Shall not treat such an unlawful act in the manner statutorily required for moving traffic violations.

      (b) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child’s driving record but such a suspension must not be considered for the purpose of rating or underwriting.

      (c) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section unless the suspension also resulted from his poor performance as a driver.


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ê1995 Statutes of Nevada, Page 1916 (Chapter 555, AB 92)ê

 

pursuant to this section unless the suspension also resulted from his poor performance as a driver.

      Sec. 3.  NRS 62.385 is hereby amended to read as follows:

      62.385  1.  When a child applies for a driver’s license, the department of motor vehicles and public safety shall notify the child of the provisions of paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 , [and] section 2 of [this act.] Assembly Bill No. 393 of this session and section 1 of this act.

      2.  After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his driver’s license may be suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 , [or] section 2 of Assembly Bill No. 393 of this session or section 1 of this act.

      Sec. 4.  NRS 458.420 is hereby amended to read as follows:

      458.420  The commission shall:

      1.  Develop and coordinate a state master plan which must include:

      (a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;

      (b) A summary of the current activities of the commission;

      (c) The goals and objectives of the commission;

      (d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and

      (e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.

      2.  Prepare and deliver to the governor on or before September 1 of each year a report which summarizes the status of the state master plan and of the commission’s efforts to achieve its goals and objectives.

      3.  Hold and coordinate public hearings throughout the state as necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.

      4.  Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.

      5.  Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.

      6.  Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.

      7.  Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.


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

ê1995 Statutes of Nevada, Page 1917 (Chapter 555, AB 92)ê

 

      8.  Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.

      9.  Disseminate information concerning the provisions of section 1 of this act and NRS 62.226 with the assistance of the department of human resources, the department of motor vehicles and public safety and the superintendent of public instruction.

      Sec. 5.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as 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) A 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 with 7 years of NRS 484.379.

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

             (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 with 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 NRS 484.3943 but operates a motor vehicle without such a device:


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

ê1995 Statutes of Nevada, Page 1918 (Chapter 555, AB 92)ê

 

      (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:

      (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 of section 2 of Assembly Bill No. 393 of this session, ordered the suspension or delay in issuance of a child’s license; [or]

      (b) Pursuant to section 3 of [this act,] Assembly Bill No. 374 of this session, ordered the suspension or delay in issuance of a person’s license [,] ; or

      (c) Pursuant to section 1 of this act, ordered the revocation of a child’s license,

the department shall take such actions as are necessary to carry out the court’s order.

      Sec. 6.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in subsection 2, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

      2.  After a driver’s license has been revoked pursuant to section 1 of this act or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or section 2 of [this act,] Assembly Bill No. 393 of this session, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; and

      (b) If applicable, to and from school.

      3.  A driver who violates a condition of a restricted license issued under subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving 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 conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.

      4.  The periods of suspensions and revocations under this chapter and under NRS 484.384 must run consecutively, except as provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.


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

ê1995 Statutes of Nevada, Page 1919 (Chapter 555, AB 92)ê

 

      5.  Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 7.  NRS 483.580 is hereby amended to read as follows:

      483.580  A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is revoked or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 , [or] section 2 of Assembly Bill No. 393 of this session or section 1 of this act.

      Sec. 8.  NRS 484.384 is hereby amended to read as follows:

      484.384  1.  If the result of a test given under NRS 484.382 or NRS 484.383 shows that a person had 0.10 percent or more by weight of alcohol in his blood at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.

      2.  If a revocation of a person’s license, permit or privilege to drive under NRS 483.460 or section 1 of this act follows a revocation under subsection 1 which was based on his having 0.10 percent or more by weight of alcohol in his blood, the department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.

      3.  Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

      Sec. 9.  Section 6 of Senate Bill No. 582 of this session is hereby amended to read as follows:

       Sec. 6.  Sections 2 and 3 of Assembly Bill No. 425 of this session are hereby amended to read as follows:

      Sec. 2.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.


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

ê1995 Statutes of Nevada, Page 1920 (Chapter 555, AB 92)ê

 

      2.  After a driver’s license has been revoked pursuant to section 1 of [this act] Assembly Bill No. 92 of this session or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or section 2 of Assembly Bill No. 393 of this session, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; and

      (b) If applicable, to and from school.

      3.  After a driver’s license has been suspended pursuant to section 1 of this act, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; and

      (b) To receive regularly scheduled medical care for himself or a member of his immediate family; and

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      4.  A driver who violates a condition of a restricted license issued [under] pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving 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 conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.

      [4.] 5.  The periods of suspensions and revocations [under] required pursuant to this chapter and [under] NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      [5.] 6.  Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 3.  NRS 483.495 is hereby amended to read as follows:

      483.495  The department shall by regulation:

      1.  Except as otherwise provided in paragraph (h) of subsection 1 of NRS 62.211, subsection 4 of NRS 62.226, [and] subsection 5 of section 2 of Assembly Bill No. 393 of this session and section 1 of this act, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:

      (a) Must provide for a fair evaluation of a person’s ability to operate a motor vehicle; and

      (b) May allow for the waiver of certain tests or requirements as the department deems necessary.


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

ê1995 Statutes of Nevada, Page 1921 (Chapter 555, AB 92)ê

 

      2.  Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.

      Sec. 10.  The amendatory provisions of this act do not apply to children who violate or who are found by a juvenile court to be in violation of the provisions of NRS 484.379 or 484.3795 before October 1, 1995.

      Sec. 11.  This section and sections 1, 3, 4, 6, 7, 9 and 10 become effective on October 1, 1995.

      2.  Sections 2, 5, and 8 become effective at 12:01 a.m. on October 1, 1995.

 

________

 

 

CHAPTER 556, AB 116

Assembly Bill No. 116–Assemblymen de Braga, Evans, Buckley, Sandoval, Ernaut, Giunchigliani, Chowning, Anderson, Segerblom, Bache, Neighbors, Arberry, Spitler, Dini and Freeman

CHAPTER 556

AN ACT relating to the Nevada commission for women; repealing the prospective expiration of the statute creating the Nevada commission for women; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 13 of chapter 577, Statutes of Nevada 1991, at page 1911, is hereby repealed.

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the Nevada commission for women the sum of $10,000 for operating expenses.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, 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 or on June 30, 1995, whichever occurs earlier.

 

________


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

ê1995 Statutes of Nevada, Page 1922ê

 

CHAPTER 557, AB 148

Assembly Bill No. 148–Assemblymen de Braga, Segerblom, Neighbors, Carpenter and Dini

CHAPTER 557

AN ACT relating to conservation districts; requiring the establishment of a program to provide grants of money to conservation districts; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 548 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commission shall adopt regulations which establish a program for distributing, within the limits of legislative appropriations, grants of money in equal amounts to each conservation district which the commission determines qualifies for a grant.

      2.  A conservation district qualifies for a grant of money pursuant to this section if the district:

      (a) Has been established in accordance with the provisions of this chapter; and

      (b) Is in compliance with all of the requirements of this chapter and the regulations of the commission adopted pursuant thereto.

      3.  A conservation district that is awarded a grant of money pursuant to this section may use the money for reasonable and necessary expenses incurred by the district in carrying out its duties and authorities in accordance with chapter 548 of NRS and the annual district budget approved by the commission.

      4.  The commission may adopt such regulations as it considers necessary to carry out the provisions of this section.

      Sec. 2.  NRS 548.175 is hereby amended to read as follows:

      548.175  The commission has the following duties and powers:

      1.  To carry out the policies of this state in programs at the state level for the conservation of the renewable natural resources of this state and to represent the state in matters affecting such resources.

      2.  To offer such assistance as may be appropriate to the supervisors of conservation districts in the carrying out of any of their powers and programs , [;] to propose programs and to assist and guide districts in the preparation and carrying out of programs authorized under this chapter , [;] to review district programs , [;] to coordinate the programs of the districts and resolve any conflicts in such programs [;] , and to facilitate, promote, assist, harmonize, coordinate and guide the programs and activities of districts as they relate to other [special purpose] special-purpose districts, counties and other public agencies.

      3.  To keep the supervisors of each of the districts informed of the activities and experience of all other districts organized pursuant to this chapter, and to facilitate an interchange of advice and experience among those districts and promote cooperation among them.


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

ê1995 Statutes of Nevada, Page 1923 (Chapter 557, AB 148)ê

 

      4.  To secure the cooperation and assistance of the United States, any of its agencies and of other agencies of this state in the work of conservation districts.

      5.  To serve, along with conservation districts, as the official state agency for cooperating with the [soil conservation service] Natural Resources Conservation Service of the United States Department of Agriculture in carrying on conservation operations within the boundaries of conservation districts as created under this chapter.

      6.  To enlist the cooperation and collaboration of state, federal, interstate, local, public and private agencies with the conservation districts and to facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation and use of renewable natural resources.

      7.  To make available, with the assistance of the division, information concerning the needs and the work of the districts and the commission to the director of the state department of conservation and natural resources, the legislature, executive agencies and political subdivisions of this state, cooperating federal agencies and the general public.

      8.  To cooperate with and give such assistance as may be requested by cities, counties, irrigation districts, and other [special purpose] special-purpose districts in the State of Nevada for the purpose of cooperating with the United States through the Secretary of Agriculture in the furtherance of conservation, pursuant to the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001 to [1007,] 1010, inclusive, and the requirements of other special programs of the United States Department of Agriculture.

      9.  Pursuant to procedures developed mutually by the commission and federal, state and local agencies that are authorized to plan or administer activities significantly affecting the conservation and use of renewable natural resources, to receive from those agencies, for review and comment, suitable descriptions of their plans, programs [,] and activities for purposes of coordination with the [district] conservation districts’ programs [;] and to arrange for and participate in conferences necessary to avoid conflict among [such] the plans and programs, to call attention to omissions [,] and to avoid duplication of effort.

      10.  To submit, with the assistance of the division, a report to the director of the state department of conservation and natural resources whenever the commission determines that there exists a substantial conflict between the program of a district and the proposed plans or activities directly affecting the conservation of natural resources prepared by any other local government unit or agency of this state.

      11.  By administrative order of the commission, upon the written request of the board of supervisors of the conservation district or districts involved, with a showing that the request has been approved by a majority vote of the members of each of the boards involved:

      (a) To transfer lands from one district established under the provisions of this chapter to another.


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

ê1995 Statutes of Nevada, Page 1924 (Chapter 557, AB 148)ê

 

      (b) To divide a single district into two or more districts, each of which must, thereafter, operate as a separate district under the provisions of this chapter.

      (c) To consolidate two or more districts established under the provisions of this chapter into a single district under the provisions of this chapter.

      (d) To inform the administrative officer of the division of any action taken pursuant to this subsection for his approval of any new name and the appropriate entry in his records of the changes made.

      12.  To authorize the change of name of any district, upon receipt by the commission of a resolution by the board of supervisors of the district for such a change and to present the resolution to the administrative officer of the division for processing and recording in accordance with the provisions of NRS 548.240.

      Sec. 3.  There is hereby appropriated from the state general fund to the state conservation commission in the state department of conservation and natural resources for equal distribution to conservation districts pursuant to section 1 of this act:

For the fiscal year 1995-96.................................................................. $85,000

For the fiscal year 1996-97.................................................................. $85,000

      Sec. 4.  Any balance of the sums appropriated by section 3 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 5.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 558, AB 160

Assembly Bill No. 160–Committee on Natural Resources, Agriculture and Mining

CHAPTER 558

AN ACT relating to hunting; revising the number of restricted nonresident deer tags which may be issued; eliminating certain restrictions placed on tags that are not issued; increasing the fee for the tag; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 502.147 is hereby amended to read as follows:

      502.147  1.  The division shall make available restricted nonresident deer tags in an amount not to exceed the amount set forth in this section. If the number of persons who apply for restricted nonresident deer tags is greater than the number of tags to be issued, the division shall conduct a drawing to determine the persons to whom to issue the tags.

      2.  The number of restricted nonresident deer tags must:

      (a) Be subtracted from the quota of rifle deer tags for nonresidents; and

      (b) Not exceed [9] 16 percent of the deer tags issued to nonresidents during the previous year or [250] 400 tags, whichever is greater.


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

ê1995 Statutes of Nevada, Page 1925 (Chapter 558, AB 160)ê

 

      3.  The number of restricted nonresident deer tags issued for any management area or unit must not exceed [25] 37.5 percent , rounded to the nearest whole number, of the rifle deer tags issued to nonresidents during the previous year for that management area or unit.

      4.  [Any restricted nonresident deer tags which are not issued must be returned to the quota of rifle deer tags for nonresidents.

      5.] The division shall mail the tags to the successful applicants.

      Sec. 2.  NRS 502.148 is hereby amended to read as follows:

      502.148  1.  Except as otherwise provided in this subsection, any person who wishes to apply for a restricted nonresident deer tag pursuant to NRS 502.147 must complete an application on a form prescribed and furnished by the division. A licensed master guide may complete the application for an applicant. The application must be signed by the applicant and the master guide who will be responsible for conducting the restricted nonresident deer hunt.

      2.  The application must be accompanied by a fee for the tag of [$250,] $300, plus any other fees which the division may require. The commission shall establish the time limits and acceptable methods for submitting such applications to the division.

      3.  Any application for a restricted nonresident deer tag which contains an error or omission must be rejected and the fee for the tag returned to the applicant . [with his fee for the tag.]

      4.  A person who is issued a restricted nonresident deer tag is not eligible to apply for any other deer tag issued in this state for the same hunting season as that restricted nonresident deer hunt.

      5.  All fees collected pursuant to this section must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

 

________

 

 

CHAPTER 559, AB 171

Assembly Bill No. 171–Committee on Labor and Management

 

(Requested by Assemblyman Giunchigliani)

CHAPTER 559

AN ACT relating to construction; requiring local building codes to permit the use of straw and solar energy to the extent feasible in the local climate; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.580 is hereby amended to read as follows:

      278.580  1.  Subject to the limitation set forth in NRS 244.368, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code.


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

ê1995 Statutes of Nevada, Page 1926 (Chapter 559, AB 171)ê

 

      2.  The governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada and its political subdivisions.

      3.  Notwithstanding any other provision of law, the state and its political subdivisions shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.

      4.  A local governing body shall amend its building codes to permit the use of straw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure and the use of solar energy for the heating of a structure, to the extent the local climate allows, as intended by:

      (a) The Uniform Building Code adopted by the International Conference of Building Officials in the form most recently published before March 1, 1995; and

      (b) The Model Energy Code adopted by the Council of American Building Officials in the form most recently published before March 1, 1995.

 

________

 

 

CHAPTER 560, AB 187

Assembly Bill No. 187–Assemblyman Hettrick

CHAPTER 560

AN ACT relating to motor vehicles; prohibiting the department of motor vehicles and public safety from disclosing personal information of a person except under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 481.063 is hereby amended to read as follows:

      481.063  1.  The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose. All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.

      2.  [The director shall not release, in any files and records made available for the solicitation of another person to purchase a product or service, the social security number of any person.

      3.] The director may release personal information from a file or record relating to the driver’s license, identification card or title or registration of a vehicle of a person if the requester submits a notarized release from the person who holds a lien on the vehicle or the person about whom the information is requested which is dated no more than 90 days before the date of the request.

      3.  Except as otherwise provided in subsection 2, the director shall not release to any person who is not an officer or employee of a law enforcement agency or an agency of a local government which collects fines imposed for parking violations:


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

ê1995 Statutes of Nevada, Page 1927 (Chapter 560, AB 187)ê

 

      (a) A list which includes license plate numbers combined with any other information in the records or files of the department;

      (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

      (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 204.240, 205.345, 205.380 or 205.445.

      4.  Except as otherwise provided in subsections 2 and 5, the director shall not release any personal information from a file or record relating to a driver’s license, identification card or title or registration of a vehicle.

      5.  Except as otherwise provided in subsection 6, if a person or governmental entity appears in person or by its representative, provides a description of the information requested and its proposed use and signs an affidavit to that effect, the director may release any personal information from a file or record relating to a driver’s license, identification card or title or registration of a vehicle for use:

      (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. In addition, the director may, by regulation, establish a procedure whereby a governmental entity may retrieve such information electronically or by written request in lieu of appearing personally and complying with the other requirements of this subsection.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

      (c) In connection with matters relating to:

             (1) The safety of drivers of motor vehicles;

             (2) Safety and thefts of motor vehicles;

             (3) Emissions from motor vehicles;

             (4) Alterations of products related to motor vehicles;

             (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

             (6) Monitoring the performance of motor vehicles;

             (7) Parts or accessories of motor vehicles;

             (8) Dealers of motor vehicles;

             (9) Activities relating to research and analysis of the market for motor vehicles, such as the conducting of surveys; or

             (10) Removal of nonowner records from the original records of motor vehicle manufacturers.


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

ê1995 Statutes of Nevada, Page 1928 (Chapter 560, AB 187)ê

 

      (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

      (e) In providing notice to the owners of vehicles which have been towed, repossessed or impounded.

      (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

      (g) By a private investigator, private patrolman or security consultant who is licensed pursuant to NRS 648.060, for any use permitted pursuant to this section.

      (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated federally licensed radio or television station for a journalistic purpose. The department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

      6.  A person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person must keep and maintain for a period of 5 years a record of:

      (a) Each person to which the information is provided; and

      (b) The purpose for which that person will use the information,

which must be available for examination by the department at all reasonable times upon request.

      7.  Except as otherwise provided in subsection 2, the director may deny any [private] use of the files and records if he reasonably believes that the information taken may be used for [:

      (a) An illegal purpose; or

      (b) An] an unwarranted invasion of a particular person’s privacy.

      [4.] 8.  Except as otherwise provided in NRS 485.316, the director shall not allow any person to make use of information retrieved from the data base created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that data base.

      [5.] 9.  The director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition the director shall, by regulation, establish a procedure whereby a person who is requesting personal information and has personally appeared before an employee of the department at least once may establish an account with the department to facilitate his ability to request information electronically or by written request if he has submitted to the department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:

      (a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the department’s files and records may be obtained and the limited uses which are permitted;

      (b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

      (c) That he understands that a record will be maintained by the department of any information he requests; and


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

ê1995 Statutes of Nevada, Page 1929 (Chapter 560, AB 187)ê

 

      (d) That he understands that a violation of the provisions of this section is a criminal offense.

      10.  It is unlawful for any person to:

      (a) Make a false representation to obtain any information from the files or records of the department.

      (b) Knowingly obtain or disclose any information from the files or records of the department for any use not permitted by the provisions of this chapter.

      11.  As used in this section, “personal information” means information which reveals the identity of a person, including his photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.

      Sec. 2.  NRS 482.170 is hereby amended to read as follows:

      482.170  Except as otherwise provided in NRS 481.063 and 485.316, all personal information in the records of registration and licensing in the offices of the department are [public records and open to inspection by the public during business hours.] confidential and must not knowingly be disclosed by the department.

      Sec. 3.  NRS 483.916 is hereby amended to read as follows:

      483.916  [Notwithstanding any other provision of law to the contrary,] Except as otherwise provided in NRS 481.063, the department shall furnish full information regarding the driving record of any person to:

      1.  The driver’s license administrator of any other state or of any province or territory of Canada who requests that information;

      2.  Any employer or prospective employer of that person upon his request and payment of a fee established in regulations adopted by the department; or

      3.  Any insurer upon its request and payment of a fee established in regulations adopted by the department if the insurer has complied with the provisions of NRS 485.314.

 

________


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

ê1995 Statutes of Nevada, Page 1930ê

 

CHAPTER 561, AB 212

Assembly Bill No. 212–Committee on Natural Resources, Agriculture and Mining

CHAPTER 561

AN ACT relating to wildlife; repealing the provisions requiring the division of wildlife to issue fishing licenses to blind persons; revising the fee for the replacement of an unexpired license which has been lost or stolen; increasing the fees for certain licenses and permits; expanding the exemption from the requirement for obtaining state duck or trout stamps; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 502.075 is hereby amended to read as follows:

      502.075  The division shall issue to a blind person, as defined in subsection [2] 4 of NRS 361.085 [:

      1.  A] , a hunting license which:

      [(a)] 1.  Authorizes a person selected by the blind person to hunt on his behalf if:

             [(1)] (a) The person selected is a resident of the State of Nevada and possesses a valid Nevada hunting license; and

             [(2)] (b) The blind person is in the company of or in the immediate area of the person selected.

      [(b)] 2.  Is issued pursuant and subject to regulations prescribed by the commission.

      [(c)] 3.  Contains the word “Blind” printed on the face of the license.

      [2.  A fishing license which authorizes the blind person to fish whether or not accompanied by or in the immediate area of any other person.]

      Sec. 2.  NRS 502.110 is hereby amended to read as follows:

      502.110  1.  Except as otherwise provided in subsection 2, not more than one license of each class may be issued to any one person during each licensing period.

      2.  If an unexpired license is lost or stolen, the person to whom the license was issued may receive another license of the same class by making application and certifying under oath that the license was lost or stolen and by paying:

      (a) If the application is made to an authorized agent, the annual fee for the license; or

      (b) If the application is made to the division [:

             (1) The annual fee for the license if that fee is less than $5; or

             (2) A] , a fee of $5.

      Sec. 3.  NRS 502.240 is hereby amended to read as follows:

      502.240  The division shall issue annual licenses and limited permits:

      1.  [To any person 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.


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ê1995 Statutes of Nevada, Page 1931 (Chapter 561, AB 212)ê

 

      2.] To any person 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.] 2.  Except as otherwise provided in NRS 502.245 and 504.390, to any person 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]      $20.00

For a [10-day] 1-day permit to fish ................................. [10.00

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

For each consecutive day added to a 1-day permit to fish            2.00

For a hunting license ....................................................... [20.00]        23.00

For a combined hunting and fishing license ................ [33.50]        38.00

For a trapping license ...................................................... [30.50]        30.00

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

For an annual master guide’s license .......................................        250.00

For an annual subguide’s license .............................................          75.00

 

      [4.] 3.  To any person who has attained his 12th birthday but who has not attained his 16th birthday, and who is 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.

      [5.] 4.  Except as otherwise provided in subsection [4,] 3, to any person [,] who is 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 ................ [$45]       $50

For a [10-day permit to fish ............................................................           30

For a 3-day] 1-day permit to fish ............................................ [17]          11

For each consecutive day added to a 1-day permit to fish ....             4

For a hunting license .............................................................. [100]       110

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

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

For an annual master guide’s license ...........................................         500

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

For a [10-day] 1-day permit to hunt upland game and waterfowl      [50]      15

For each consecutive day added to a 1-day permit to hunt upland game and waterfowl .............................................................................             5


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ê1995 Statutes of Nevada, Page 1932 (Chapter 561, AB 212)ê

 

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

 

For a noncommercial license for the possession of live wildlife                    $5

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

For a commercial license for the possession of live wildlife .....         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 1-year falconry license .........................................................           30

For a 3-year falconry license .......................................................           75

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 division, a fee not to exceed $100 set by the commission.

      Sec. 4.  NRS 502.245 is hereby amended to read as follows:

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

      (a) For the 6-month period immediately preceding the date of his application for a license and:

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

      (b)](1) Has a severe physical [handicap.] disability; or

             (2) Has attained his 12th birthday but has not attained his 16th birthday; or

      (b) Continuously for 5 years immediately preceding the date of this application for a license and is 65 years of age or older.

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

 

Hunting license............................................................................ [$3]          $4

Fishing license............................................................................... [3]            4

Combined hunting and fishing license...................................... [5]            7

 

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

      Sec. 5.  NRS 502.300 is hereby amended to read as follows:

      502.300  1.  [It] Except as otherwise provided in subsection 2, it is unlawful for any person [, except a person under the age of 12 or a person 65 years of age or older,] to hunt any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon, unless at the time he is hunting he carries on his person an unexpired state duck stamp validated by his signature in ink across the face of the stamp.

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


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ê1995 Statutes of Nevada, Page 1933 (Chapter 561, AB 212)ê

 

      (a) Is under the age of 12 years; or

      (b) Is 65 years of age or older.

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

      [3.] 4.  The division shall determine the form of the stamps.

      Sec. 6.  NRS 502.326 is hereby amended to read as follows:

      502.326  1.  [It] Except as otherwise provided in subsection 2, it is unlawful for any person [, except a person under the age of 12,] to take or possess trout unless at the time he is fishing [,] he carries on his person a state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp.

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

      (a) Is under the age of 12; or

      (b) Is fishing under the authority of a valid 1-day permit to fish or during a consecutive day validly added to that permit.

      3.  State trout stamps must be sold for a fee of $5 each by the division and by persons authorized by the division to sell hunting, fishing and trapping licenses.

      [3.] 4.  The division shall determine the form of the stamps.

      Sec. 7.  This act becomes effective on March 1, 1996.

 

________

 

 

CHAPTER 562, AB 223

Assembly Bill No. 223–Committee on Ways and Means

CHAPTER 562

AN ACT relating to the University and Community College System of Nevada; making an appropriation to the system for the acquisition of administrative and academic equipment; making an appropriation to the desert research institute for certain expenses related to the operation of facilities of the institute; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $20,000,000 for the acquisition of administrative and academic equipment.

      Sec. 2.  There is hereby appropriated from the state general fund to the desert research institute of the University and Community College System of Nevada the sum of $200,000 for expenses related to the operation and maintenance of the facilities of the desert research institute.

      Sec. 3.  Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.


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ê1995 Statutes of Nevada, Page 1934 (Chapter 562, AB 223)ê

 

and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 563, AB 224

Assembly Bill No. 224–Committee on Ways and Means

CHAPTER 563

AN ACT relating to local financial administration; establishing additional requirements for the annual audit of a local government; revising the sources of revenue that may be expended for labor negotiations; making an appropriation for distribution to local school districts and to study the feasibility of reconfiguring the structure of those school districts; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The statement required by paragraph (c) of subsection 4 of NRS 354.624 must indicate for each fund set forth in that paragraph:

      (a) Whether the fund is being used in accordance with the provisions of this chapter.

      (b) Whether the fund is being administered in accordance with generally accepted accounting procedures.

      (c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.

      (d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.

      (e) The statutory and regulatory requirements applicable to the fund.

      (f) The balance and retained earnings of the fund.

      2.  To the extent that the reserve in any fund set forth in paragraph (c) of subsection 4 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.

      Sec. 2.  NRS 354.476 is hereby amended to read as follows:

      354.476  As used in NRS 354.470 to 354.626, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to 354.580, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 354.6215 is hereby amended to read as follows:

      354.6215  [If] Except as otherwise provided in section 1 of this act, if a local government provides a fund for self-insurance of property, for any form of insurance for the benefit of its employees, or for any other risk that it is permitted by law to assume, the reserves or balance of a fund thus provided must not be expended for any purpose other than that for which the fund was established, except that when the governing body deems the reserve or balance to be no longer required, either in whole or in part, it shall transfer the excess balance to the general fund of the local government.


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ê1995 Statutes of Nevada, Page 1935 (Chapter 563, AB 224)ê

 

must not be expended for any purpose other than that for which the fund was established, except that when the governing body deems the reserve or balance to be no longer required, either in whole or in part, it shall transfer the excess balance to the general fund of the local government. Any such transfer must be reported to the department of taxation within 30 days. Money so transferred is not available as a basis for augmentation of the local government’s budget during the year of transfer.

      Sec. 4.  NRS 354.624 is hereby amended to read as follows:

      354.624  1.  Each local government shall provide for an annual audit of all of its:

      (a) Funds;

      (b) Account groups; and

      (c) Separate accounts established pursuant to NRS 354.603.

A local government may provide for more frequent audits as it deems necessary. Except as provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered under the provisions of chapter 628 of NRS.

      2.  The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.

      3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.

      4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The report of the audit must include:

      (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; and

      (b) A comparison of operations of the local government with the approved budget and a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous reports have been acted upon by adoption as recommended, adoption with modifications or rejection.


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ê1995 Statutes of Nevada, Page 1936 (Chapter 563, AB 224)ê

 

      (c) A statement from the auditor indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by section 1 of this act:

             (1) An enterprise fund.

             (2) An internal service fund.

             (3) A trust and agency fund.

             (4) A self-insured fund.

             (5) A fund whose balance is required by law to be:

             (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

             (II) Carried forward to the succeeding fiscal year in any designated amount.

      5.  The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

      (a) The clerk or secretary of the governing body;

      (b) The county clerk;

      (c) The department of taxation; and

      (d) In the case of a school district, the department of education.

      6.  The governing body shall act upon the recommendations of the report of the audit within 6 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

      Sec. 5.  NRS 288.200 is hereby amended to read as follows:

      288.200  Except in cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:

      1.  If:

      (a) The parties have participated in mediation and by August 1, have not reached agreement; or

      (b) The bargaining unit represented by the employee organization contains fewer than 30 persons,

either party to the dispute, at any time up to September 20, may submit the dispute to an impartial factfinder for his findings and recommendations. His findings and recommendations are not binding on the parties except as provided in subsections 5, 6 and 9. The mediator of a dispute may also be chosen by the parties to serve as the factfinder.

      2.  If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential factfinders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question.


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ê1995 Statutes of Nevada, Page 1937 (Chapter 563, AB 224)ê

 

factfinder to hear the dispute in question. The employee organization shall strike the first name.

      3.  The local government employer and employee organization each shall pay one-half of the cost of factfinding. Each party shall pay its own costs of preparation and presentation of its case in factfinding.

      4.  A schedule of dates and times for the hearing must be established before October 20 and the factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing.

      5.  The parties to the dispute may agree, before the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.

      6.  If the parties do not agree on whether to make the findings and recommendations of the factfinder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a factfinder on all or any specified issues in a particular dispute which are within the scope of subsection 9 are to be final and binding. The determination must be made upon the concurrence of at least two members of the panel and not later than October 20 unless that date is extended by the commissioner of the board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous factfinding between these parties, the best interests of the state and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the state or a political subdivision.

      7.  Except as otherwise provided in subsection 8, any factfinder, whether his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:

      (a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer [,] and within the limitations set forth in section 1 of this act, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

      (b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and he shall consider whether the board found that either party had bargained in bad faith.

The factfinder’s report must contain the facts upon which he based his determination of financial ability to grant monetary benefits and his recommendations or award.

      8.  Any sum of money which is maintained in a fund whose balance is required by law to be:

      (a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or


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ê1995 Statutes of Nevada, Page 1938 (Chapter 563, AB 224)ê

 

      (b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,

must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the factfinder.

      9.  The issues which may be included in a panel’s order pursuant to subsection 6 are:

      (a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and

      (b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.

This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.

      Sec. 6.  NRS 288.215 is hereby amended to read as follows:

      288.215  1.  As used in this section:

      (a) “Firemen” means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the state and whose principal duties are controlling and extinguishing fires.

      (b) “Police officers” means those persons who are salaried employees of a police department or other law enforcement agency organized by a political subdivision of the state and whose principal duties are to enforce the law.

      2.  The provisions of this section apply only to firemen and police officers and their local government employers.

      3.  If the parties have not agreed to make the findings and recommendations of the factfinder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the factfinder’s report is submitted, submit the issues remaining in dispute to an arbitrator who must be selected in the manner provided in NRS 288.200 and have the same powers provided for factfinders in NRS 288.210.

      4.  The arbitrator shall, within 10 days after he is selected, and after 7 days’ written notice is given to the parties, hold a hearing [for the purpose of receiving] to receive information concerning the dispute. The hearings must be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.

      5.  At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:

      (a) The parties to the dispute; or

      (b) Any interested person.

      6.  The parties to the dispute shall each pay one- half of the costs incurred by the arbitrator.

      7.  A determination of the financial ability of a local government employer must be based on all existing available revenues as established by the local government employer and within the limitations set forth in section 1 of this act, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

      8.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks.


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

ê1995 Statutes of Nevada, Page 1939 (Chapter 563, AB 224)ê

 

begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.

      [8.] 9.  If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

      [9.] 10.  The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract.

      [10.] 11.  The decision of the arbitrator must include a statement:

      (a) Giving his reason for accepting the final offer that is the basis of his award; and

      (b) Specifying his estimate of the total cost of the award.

      Sec. 7.  NRS 288.217 is hereby amended to read as follows:

      288.217  1.  The provisions of this section govern negotiations between school districts and employee organizations representing teachers and educational support personnel.

      2.  If the parties to a negotiation pursuant to this section have failed to reach an agreement after at least four sessions of negotiation, either party may declare the negotiations to be at an impasse and, after 5 days’ written notice is given to the other party, submit the issues remaining in dispute to an arbitrator. The arbitrator must be selected in the manner provided in subsection 2 of NRS 288.200 and has the powers provided for factfinders in NRS 288.210.

      3.  The arbitrator shall, within 30 days after he is selected, and after 7 days’ written notice is given to the parties, hold a hearing [for the purpose of receiving] to receive information concerning the dispute. The hearing must be held in the county in which the school district is located and the arbitrator shall arrange for a full and complete record of the hearing.

      4.  The parties to the dispute shall each pay one-half of the costs of the arbitration.

      5.  A determination of the financial ability of a school district must be based on all existing available revenues as established by the school district and within the limitations set forth in section 1 of this act, with due regard for the obligation of the school district to provide an education to the children residing within the district.

      6.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an agreement is reached, it must be submitted to the arbitrator, who shall certify it as final and binding.

      [6.] 7.  If the parties do not enter into negotiations or do not agree within 30 days after the hearing held pursuant to subsection 3, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

      [7.] 8.  The arbitrator shall, within 10 days after the final offers are submitted, render his decision on the basis of the criteria set forth in NRS 288.200.


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ê1995 Statutes of Nevada, Page 1940 (Chapter 563, AB 224)ê

 

The arbitrator shall accept one of the written statements and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract between the parties.

      [8.] 9.  The decision of the arbitrator must include a statement:

      (a) Giving his reason for accepting the final offer that is the basis of his award; and

      (b) Specifying his estimate of the total cost of the award.

      [9.] 10.  As used in this section:

      (a) “Educational support personnel” means all classified employees of a school district, other than teachers, who are represented by an employee organization.

      (b) “Teacher” means an employee of a school district who is licensed to teach in this state and who is represented by an employee organization.

      Sec. 8.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $33,700,000 for distribution to local school districts to be used for locally identified needs.

      2.  At least 73 percent of the money allocated to a school district from the appropriation made in subsection 1 must be used to supplement and not replace the money that the school district would otherwise expend for:

      (a) Textbooks;

      (b) Books for the library;

      (c) Software for computers;

      (d) Other instructional materials;

      (e) Equipment used for instruction;

      (f) Computer hardware;

      (g) Training of personnel;

      (h) Repairs and improvements to buildings; and

      (i) Any other purpose that the board of trustees of the school district determines would improve the educational programs of the district.

Except that a school district shall not use any money designated within this subsection to pay any portion of the salaries or benefits of the personnel of the school district.

      3.  The sum allocated to a school district from the appropriation made by subsection 1 must be based on the school district’s proportional share of basic support calculated pursuant to paragraph (a) of subsection 1 of NRS 387.1233 during the fiscal year 1994-1995.

      Sec. 9.  Each school district that receives money from the appropriation made by section 1 of this act shall provide a comprehensive report to the 69th session of the Nevada legislature on or before February 1, 1997, or earlier if requested by the interim finance committee, which must include:

      1.  An itemized list of all expenditures of money allocated to the school district from the appropriation made by section 1 of this act during fiscal years 1995-1996 and 1996-1997; and

      2.  An itemized list of all expenditures made for similar purposes from other money available to the school district for the fiscal years 1995-1996 and 1996-1997.

      Sec. 10.  There is hereby appropriated from the state general fund to the legislative commission the sum of $300,000 to contract with one or more qualified, independent, nationally recognized consultants to conduct an interim study of the feasibility of reconfiguring the structure of school districts in this state.


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ê1995 Statutes of Nevada, Page 1941 (Chapter 563, AB 224)ê

 

qualified, independent, nationally recognized consultants to conduct an interim study of the feasibility of reconfiguring the structure of school districts in this state.

      Sec. 11.  Any remaining balance of the appropriations made by sections 8 and 10 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 12.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 564, AB 225

Assembly Bill No. 225–Committee on Ways and Means

CHAPTER 564

AN ACT making an appropriation to the department of education for the development and implementation of a computer system for the licensing of teachers and other educational personnel; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the department of education the sum of $242,000 for the development and implementation of a computer system for the licensing of teachers and other educational personnel to be expended as follows:

      1.  For the purchase and development of software and the full implementation of a computer system for the licensing of teachers and other educational personnel, including training of the staff of the licensing office of the department of education, $110,000;

      2.  To study the efficiency and the flow of work within the licensing office of the department of education, $50,000;

      3.  For computer hardware needed for the computer system for the licensing of teachers and other educational personnel, $71,000; and

      4.  For administrative costs incurred by the department of education in developing and implementing the computer system for the licensing of teachers and other educational personnel, $11,000.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, 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 or on June 30, 1995, whichever occurs earlier.

 

________


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

ê1995 Statutes of Nevada, Page 1942ê

 

CHAPTER 565, AB 228

Assembly Bill No. 228–Committee on Ways and Means

CHAPTER 565

AN ACT making appropriations to the office of the governor for an enhanced security system for the governor’s mansion and to the office of the director of the state department of conservation and natural resources for the costs to employ a state climatologist; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

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 governor the sum of $163,975 for the installation of an enhanced security system and related equipment for the governor’s mansion.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  There is hereby appropriated from the state general fund to the office of the director of the state department of conservation and natural resources the following sums to employ the services of a state climatologist, as required by NRS 396.595:

For the fiscal year 1995-96.................................................................. $25,147

For the fiscal year 1996-97.................................................................. $25,261

      Sec. 4.  Any balance of the sums appropriated by section 3 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 5.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 566, AB 243

Assembly Bill No. 243–Committee on Ways and Means

CHAPTER 566

AN ACT making an appropriation to the department of education for the support of certain nonprofit public broadcasting stations in Nevada; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the department of education the sum of $300,000 for the support of nonprofit public broadcasting stations in Nevada whose programs are devoted primarily to serving the educational, informational and cultural needs of the communities in Nevada.


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

ê1995 Statutes of Nevada, Page 1943 (Chapter 566, AB 243)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, 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 or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 567, AB 255

Assembly Bill No. 255–Committee on Ways and Means

CHAPTER 567

AN ACT relating to the division of child and family services of the department of human resources; requiring the establishment of a standardized system of information concerning juvenile justice; making an appropriation to the division for the state automated child welfare information system; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The division of child and family services of the department of human resources shall establish a standardized system for the reporting, collection, analysis, maintenance and retrieval of information concerning juvenile justice in this state. The division is responsible for the retrieval and analysis of the categories of information contained in the standardized system and the development of any reports from that information.

      2.  Except as otherwise provided in subsection 4, the standardized system must collect, categorize and maintain the following information from the juvenile courts, local juvenile probation departments, and the staff of the youth correctional services as directed by the department of human resources, regarding each child referred to the system of juvenile justice in this state:

      (a) A unique number assigned to the child for identification;

      (b) Basic demographic information regarding the child, including, without limitation:

             (1) The age, sex and race or other ethnic background of the child; and

             (2) The composition of the household in which the child resides;

      (c) The charges for which the child is referred;

      (d) The dates of any detention of the child;

      (e) The nature of the disposition of each referral of the child;

      (f) The dates any petitions are filed regarding the child, and the charges set forth in those petitions; and

      (g) The disposition of any petitions filed regarding the child, including any applicable findings.

      3.  In addition to the information required pursuant to subsection 2 and except as otherwise provided in subsection 4, the department of human resources shall require the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the division of child and family services:

 


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

ê1995 Statutes of Nevada, Page 1944 (Chapter 567, AB 255)ê

 

resources shall require the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the division of child and family services:

      (a) A record of each placement of the child, including, without limitation, the period of each placement and the services provided to the child during each placement;

      (b) The dates of each release of the child, including any release of the child on parole;

      (c) If the child is released on parole, the period of each release and the services provided to the child during each release; and

      (d) The nature of or reason for each discharge of the child from the custody of the division of child and family services.

      4.  The information maintained in the standardized system must not include the name or address of any person.

      5.  The division of child and family services shall adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal of information required from the juvenile courts, local juvenile probation departments, and the staff of the youth correctional services as directed by the department of human resources, to the standardized system.

      6.  Each juvenile court and local juvenile probation department, and the staff of the youth correctional services as directed by the department of human resources, shall comply with the regulations adopted pursuant to subsection 5.

      Sec. 2.  NRS 62.360 is hereby amended to read as follows:

      62.360  1.  The court shall make and keep records of all cases brought before it.

      2.  The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:

      (a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety; [and]

      (b) Records which have not been sealed and are required by the division of parole and probation of the department of motor vehicles and public safety for preparation of presentence reports pursuant to NRS 176.135 [.] ; and

      (c) Information maintained in the standardized system established pursuant to section 1 of this act.

      3.  The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.

      4.  Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the child’s name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the child’s name and authorize its use in the civil action.


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

ê1995 Statutes of Nevada, Page 1945 (Chapter 567, AB 255)ê

 

      Sec. 3.  NRS 62.370 is hereby amended to read as follows:

      62.370  1.  In any case in which a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice’s court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice’s court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:

      (a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or

      (b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.

      2.  The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.

      3.  If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in the juvenile’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed. All juvenile records must be automatically sealed when the person reaches 24 years of age.

      4.  The court shall send a copy of the order to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:

      (a) Seal records in its custody, as directed by the order.

      (b) Advise the court of its compliance.

      (c) Seal the copy of the court’s order that it or he received.

As used in this section, “seal” means placing the records in a separate file or other repository not accessible to the general public.

      5.  If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred and the minor may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.

      6.  The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.

      7.  The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of the records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      8.  The court may, upon its own motion and for the purpose of sentencing a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.


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

ê1995 Statutes of Nevada, Page 1946 (Chapter 567, AB 255)ê

 

      9.  An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.

      10.  The provisions of this section do not apply to any information maintained in the standardized system established pursuant to section 1 of this act.

      Sec. 4.  1.  The administrator of the division of child and family services of the department of human resources shall:

      (a) Ensure that the regulations required pursuant to subsection 4 of section 1 of this act are in effect on or before July 1, 1996.

      (b) Ensure that the specific requirements for the format and timing of reports of relevant information required pursuant to subsection 4 of section 1 of this act are in effect on or before July 1, 1996.

      (c) Ensure that during the period between July 1, 1996, and July 1, 1997, the actual process for collecting and reporting information pursuant to section 1 of this act is adequately tested and, if necessary, revised to ensure accuracy and effectiveness.

      (d) Submit, on or before January 31, 1997, to the director of the legislative counsel bureau for distribution to the members of the standing committees on finance and ways and means a detailed report which describes:

             (1) The standardized method of reporting the data and its design;

             (2) The results of any tests conducted pursuant to paragraph (c) of this subsection;

             (3) Any barriers that have been identified regarding the full operation of the standardized system of collecting and reporting the required data; and

             (4) An estimate of any additional expenditures which are necessary for the full implementation of the standardized system of collecting and reporting the required data.

      (e) Submit, on or before May 1, 1997, to the director of the legislative counsel bureau for distribution to the members of the standing committees on finance and ways and means a sample copy of a report produced from the actual operation of the standardized system.

      (f) Ensure that the standardized system required pursuant to section 1 of this act is operational on July 1, 1997.

      2.  Notwithstanding the absence of administrative regulations which govern the collection and reporting of data, each juvenile court and juvenile probation officer shall fully cooperate with the division of child and family services of the department of human resources as the division establishes the standardized system and the regulations necessary for its operation by submitting any related information requested by the division and providing any other related assistance which is requested. The regulations of the division once effective must, thereafter, govern the manner in which the juvenile courts and juvenile probation officers cooperate and assist in the operation of the standardized system.

      Sec. 5.  There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources the sum of $1,687,500 for the planning, design and partial implementation of the state automated child welfare information system.

      Sec. 6.  Any remaining balance of the appropriation made by section 5 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1995 Statutes of Nevada, Page 1947 (Chapter 567, AB 255)ê

 

reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.

      Sec. 8.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 568, AB 271

Assembly Bill No. 271–Committee on Ways and Means

 

(Requested by American Federation of Musicians)

CHAPTER 568

AN ACT making an appropriation to the account for local cultural activities; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

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 account for local cultural activities created pursuant to NRS 233C.100 the sum of $150,000.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 1948ê

 

CHAPTER 569, AB 279

Assembly Bill No. 279–Assemblymen Close, Anderson, Spitler, Arberry, Marvel, Fettic, Allard, Hettrick, Brower, Chowning, Price, Segerblom, Giunchigliani, Evans, Ernaut, Krenzer, Lambert, Monaghan, Stroth, Carpenter, Nolan, Steel, Goldwater, Manendo, Tiffany, Sandoval, Neighbors, Bennett, Ohrenschall, Batten, Harrington, Humke, Dini, Bache, Tripple and Williams

CHAPTER 569

AN ACT relating to legislation; revising the provisions governing the requests for drafting legislative measures; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsections 3 and 4, each board of county commissioners and city council may request the legislative counsel and the legal division of the legislative counsel bureau to prepare any legislative measure which has been approved by the governing body of the county or city at a public hearing before its submission to the legislative counsel bureau.

      2.  The legislative counsel shall notify the requesting county or city if its request substantially duplicates a request previously submitted by another county or city.

      3.  The board of county commissioners of a county whose population:

      (a) Is 400,000 or more shall not request the preparation of more than 30 legislative measures pursuant to subsection 1 for a regular legislative session.

      (b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than 25 legislative measures pursuant to subsection 1 for a regular legislative session.

      (c) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.

      4.  The city council of a city whose population:

      (a) Is 100,000 or more shall not request the preparation of more than 10 legislative measures pursuant to subsection 1 for a regular legislative session.

      (b) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.

      Sec. 3.  1.  An association of elected officials may directly request the legislative counsel and the legal division of the legislative counsel bureau to prepare no more than 5 legislative measures for a regular legislative session.

      2.  An association of counties or cities may directly request the legislative counsel and the legal division of the legislative counsel bureau to prepare no more than 10 legislative measures for a regular legislative session.

      Sec. 4.  NRS 218.240 is hereby amended to read as follows:

      218.240  1.  The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive [.]


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

ê1995 Statutes of Nevada, Page 1949 (Chapter 569, AB 279)ê

 

NRS 218.240 to 218.255, inclusive [.] , and sections 2 and 3 of this act. Except as otherwise provided in [subsection 2,] those provisions, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.

      2.  [The legislative commission may authorize an entity that is not otherwise authorized pursuant to NRS 218.240 to 218.255, inclusive, to request the preparation of legislative measures to submit requests directly to the legislative counsel and the legal division of the legislative counsel bureau. The legislative commission shall not authorize an entity to request the preparation of more than 10 measures pursuant to this subsection.] An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the preparation of no more than 10 legislative measures, except that such a committee may request the preparation of additional legislative measures if the legislative commission approves each additional request by a majority vote.

      3.  The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.

      4.  The legislative counsel may deliver to the superintendent of the state printing and micrographics division of the department of administration and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.

      Sec. 5.  NRS 218.241 is hereby amended to read as follows:

      218.241  1.  Upon request made within the time allowed and within limits established by the legislature by concurrent resolution, the legislative counsel shall advise any agency or officer of the executive branch of the state government, and [may] shall advise any [local government,] county or city, as to the preparation of measures to be submitted to the legislature.

      2.  To [assure] ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:

      [1.] (a) Requests for legislative measures from each agency or officer of the executive branch of the state government or [local government] from a county or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.

      [2.] (b) As soon as an agency or officer of the executive branch of the state government [or a local government] has requested 10 [bills] legislative measures for any session the legislative counsel may request the agency [, officer or local government] or officer to designate the priority for each succeeding request.

      [3.] (c) Within 2 weeks after the commencement of a regular session of the legislature, any county or city which has requested the preparation of more than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.


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

ê1995 Statutes of Nevada, Page 1950 (Chapter 569, AB 279)ê

 

than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.

The priority [so] designated pursuant to this subsection must guide the legislative counsel in acting upon the requests of the respective agencies and officers of the executive branch of the state government to ensure each agency and officer, and each [local government among themselves,] county and city, as nearly as is possible, an equal rank.

      Sec. 6.  NRS 218.245 is hereby amended to read as follows:

      218.245  1.  Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a [local government] county or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the [responsible officer of a local government,] governing body of the county or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.

      2.  A request for proposed legislation may be submitted to the legislative counsel by the board of regents [,] of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.

      3.  After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.

      4.  The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the request of a member of the legislature or the personal written request of the governor.

      5.  An agency or officer of the executive branch of the state government or a [local government,] county or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1.

      Sec. 7.  NRS 218.625 is hereby amended to read as follows:

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

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

      (b) Except as otherwise provided in this section, NRS 218.2475, 218.2477 and 353.211, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.

      2.  The nature or content of any work previously done by the personnel of the research division of the legislative counsel bureau may be disclosed if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.


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

ê1995 Statutes of Nevada, Page 1951 (Chapter 569, AB 279)ê

 

to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed. The content of the work product of the legal and fiscal analysis divisions is confidential and not subject to subpoena only if at the time of creation a representation of confidentiality is made.

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

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

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

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

      Sec. 8.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.

      Sec. 9.  Section 7 of this act becomes effective at 12:01 a.m. on October 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 1952ê

 

CHAPTER 570, AB 303

Assembly Bill No. 303–Assemblymen Evans, Dini, Anderson, Carpenter, Spitler, Marvel, Hettrick, Arberry, de Braga, Neighbors, Price, Perkins, Sandoval, Buckley, Humke, Chowning, Segerblom, Krenzer, Freeman, Ohrenschall, Manendo, Giunchigliani, Goldwater, Bache, Schneider, Lambert, Williams, Tiffany, Allard and Brower

CHAPTER 570

AN ACT relating to education; requiring the state board of education to adopt a program to provide pupils with the skills to make the transition from school to work; making an appropriation; requiring the state board of education to distribute money in the fund for the improvement of occupational education to the various school districts and community colleges; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

      whereas, The education and training of the work force of Nevada is essential to the economic development and competitiveness of Nevada and the quality of life of its citizens; and

      whereas, To effectively prepare pupils for the transition from school to work, collaborative ties between the government, businesses, schools and the community must be fully developed; and

      whereas, A comprehensive program to provide pupils with the skills to make the transition from school to work will integrate schools and workplaces, academic and vocational training, and secondary and postsecondary education to provide the pupils of Nevada with widely recognized academic and vocational credentials; and

      whereas, A comprehensive program to provide pupils with the skills to make the transition from school to work will continue the long-term improvements in occupational education initiated by the Nevada Business Plan for Education; and

      whereas, Public education and the preparation in Nevada schools of the future work force must include all pupils, without regard to race, language, ethnicity, gender and socioeconomic status; and

      whereas, State agencies responsible for secondary and postsecondary education, economic development, employment services, job training and rehabilitation will participate in and support a comprehensive program to provide pupils with the skills to make the transition from school to work; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state board of education shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board of education shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.


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

ê1995 Statutes of Nevada, Page 1953 (Chapter 570, AB 303)ê

 

      2.  The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:

      (a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.

      (b) To provide career counseling for all pupils during the 9th and 10th grades.

      (c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.

      (d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).

      (e) To adopt a system for issuing certificates of technical or vocational proficiency.

      (f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.

      (g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.

      (h) To strengthen the relationship between the business community and school districts to promote job training and internships.

      (i) To encourage statewide participation in the program.

      (j) To meet the continuing educational and developmental needs of teachers and employees of the school district.

      (k) To adopt a process to evaluate the program and to integrate improvements into the program.

      3.  To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a community college must submit to the state board of education an application that includes:

      (a) A description of the partnership between the school district or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.

      (b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants’ skills to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.

      (c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board of education and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.


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

ê1995 Statutes of Nevada, Page 1954 (Chapter 570, AB 303)ê

 

business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.

      (d) Other information the state board of education may require to determine the eligibility of the school district to participate in the program.

      4.  The state board of education, after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.

      5.  As used in this section, “assisting agencies” means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.

      Sec. 2.  NRS 388.367 is hereby amended to read as follows:

      388.367  1.  There is hereby created in the state treasury the fund for the [enhancement] improvement of occupational education to be administered by the state board [for occupational] of education. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      2.  Money in the fund must be used for [programs of occupational education for pupils. The money may be used to establish classes to introduce pupils to occupations in general, and to improve occupational classes for pupils. The state board for occupational education shall adopt courses of study establishing minimum standards for those programs and classes.] the program to provide pupils with the skills to make the transition from school to work adopted pursuant to section 1 of this act.

      3.  Money in the fund must not be:

      (a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or

      (b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.

      4.  The state board of education shall establish annually a basic allocation of $25,000 to each school district and community college whose application to participate in the program adopted pursuant to section 1 of this act is approved by the state board of education. The remaining money must be allocated to:

      (a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 through 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; and

      (b) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the fund for the improvement of occupational education created pursuant to NRS 388.367 the sum of $4,000,000.


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

ê1995 Statutes of Nevada, Page 1955 (Chapter 570, AB 303)ê

 

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 571, AB 326

Assembly Bill No. 326–Assemblymen Segerblom, Anderson, Schneider, Giunchigliani, Krenzer, Nolan, Spitler, Chowning, Williams, Ohrenschall, Neighbors, Perkins, Dini, de Braga, Sandoval, Buckley, Carpenter, Arberry, Manendo, Bache, Fettic and Batten

CHAPTER 571

AN ACT making an appropriation from the state highway fund to the department of motor vehicles and public safety for the establishment and maintenance of a branch office in Laughlin; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

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 highway fund to the department of motor vehicles and public safety for the creation and maintenance of a branch office of the department in Laughlin:

For the fiscal year 1995-1996............................................................ $185,521

For the fiscal year 1996-1997............................................................ $121,411

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

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 1956ê

 

CHAPTER 572, AB 328

Assembly Bill No. 328–Assemblymen Dini, Evans, Perkins, Bache, Buckley, Price, de Braga, Neighbors, Carpenter, Segerblom, Arberry, Ohrenschall, Manendo, Freeman, Williams, Ernaut, Fettic, Marvel, Tripple, Monaghan, Lambert, Giunchigliani, Close, Nolan, Bennett, Goldwater, Steel, Schneider, Harrington, Stroth, Allard, Anderson, Humke, Chowning, Batten, Spitler, Sandoval, Tiffany, Brower and Braunlin

CHAPTER 572

AN ACT relating to retired public employees; providing periods of open enrollment during which certain public employees may join the state’s program of group insurance; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding the provisions of NRS 287.023 and 287.045, a person or the surviving spouse of a person who did not, at the time of his retirement pursuant to the conditions set forth in NRS 286.510 or 286.620, have the option to participate in the state’s program of group insurance may join the state’s program of group insurance, to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. §§ 1395 et seq.), by:

      (a) Providing the public employees’ retirement board with written notice of his intention to enroll in the state’s program during a period of open enrollment;

      (b) Showing evidence of his good health as a condition of enrollment;

      (c) Accepting the state program’s current plan of insurance and any subsequent changes to the plan; and

      (d) Paying any portion of the policy’s premiums in the manner set forth in NRS 286.615, which are due from the date of enrollment.

The public employees’ retirement board shall, beginning on September 1, 1997, have a biennial period of open enrollment between September 1 of each odd-numbered year and January 31 of each even-numbered year during which eligible retired persons may join the state’s program of group insurance pursuant to this section.

      2.  The public employees’ retirement board shall, on or before September 1, 1997, and every September 1 of each odd-numbered year thereafter, notify eligible retired persons described in subsection 1 of the period of open enrollment by:

      (a) Mailing a notice regarding the period of open enrollment to all retired persons who are, according to its records, eligible to join the state’s program of group insurance;

      (b) Posting a notice of the period of open enrollment at its principal office and at least three other separate prominent places, such as a library, community center or courthouse; and


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

ê1995 Statutes of Nevada, Page 1957 (Chapter 572, AB 328)ê

 

      (c) Publicizing the period of open enrollment in any other manner reasonably calculated to inform additional eligible retired persons.

      3.  The public employees’ retirement board shall notify the committee on benefits of the enrollment of any person on or before March 1 immediately following the period of open enrollment. The committee on benefits shall approve or disapprove the request for enrollment within 90 days after receipt of the request. Enrollment shall be deemed to occur on the day the request is approved.

      4.  Enrollment in the state’s program of group insurance pursuant to this section excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before enrollment unless:

      (a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after enrollment; or

      (b) The insurance coverage has been in effect more than 12 consecutive months.

      Sec. 2.  NRS 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or join the state’s program of group insurance or medical and hospital service coverage to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. §§ 1395 et seq.).

      2.  A retired person who continues coverage under the state’s program of group insurance shall assume the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the state’s program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the public employees’ retirement system in order to continue coverage.

      [2.  Notice]

      3.  Except as otherwise provided in section 1 of this act, notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 30 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage or not to join the state’s program, as the case may be.

      [3.] 4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage under subsection 1, but it must not pay a greater portion than it does for its current officers and employees.


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

ê1995 Statutes of Nevada, Page 1958 (Chapter 572, AB 328)ê

 

under subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

      Sec. 3.  NRS 287.045 is hereby amended to read as follows:

      287.045  1.  Except as otherwise provided in subsections 2, 4 and 5, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

      2.  Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:

      (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

      (b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.

      3.  Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the state’s group insurance program, and every officer or employee who commences his employment after that date is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

      4.  Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.

      5.  An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the state’s group insurance program at the time of his retirement is eligible to participate in the program 30 days after notice of the selection to participate is given pursuant to NRS 287.023 [.] or section 1 of this act. The committee on benefits shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the state’s program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.

      Sec. 4.  1.  Notwithstanding the provisions of NRS 287.023 and 287.045, a person or the surviving spouse of a person who did not, at the time of his retirement pursuant to the conditions set forth in NRS 286.510 or 286.620, have the option to participate in the state’s program of group insurance may join the state’s program of group insurance to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. §§ 1395 et seq.) upon notifying the public employees’ retirement board during the period established in subsection 2 and assuming all costs of the coverage.


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

ê1995 Statutes of Nevada, Page 1959 (Chapter 572, AB 328)ê

 

      2.  The public employees’ retirement board shall have a period of open enrollment between September 1, 1995, and January 31, 1996, during which eligible retired persons described in subsection 1 may join the state’s program of group insurance.

      3.  The public employees’ retirement board shall, on or before September 1, 1995, notify eligible retired persons of the period of open enrollment by:

      (a) Mailing a notice regarding the period of open enrollment to all retired persons who are, according to its records, eligible to join the state’s program of group insurance;

      (b) Posting a notice of the period of open enrollment at its principal office and at least three other separate prominent places, such as a library, community center or courthouse; and

      (c) Publicizing the period of open enrollment in any other manner reasonably calculated to inform additional eligible retired persons.

      4.  A person who enrolls in the state’s program of group insurance pursuant to this section must be included in the group which is accounted for separately pursuant to subsection 5 of NRS 287.045.

      Sec. 5.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 573, AB 356

Assembly Bill No. 356–Committee on Government Affairs

CHAPTER 573

AN ACT relating to municipal obligations; clarifying the duties of debt management commissioners; revising the provisions governing the issuance of municipal obligations secured by pledged revenue; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 350.0051 is hereby amended to read as follows:

      350.0051  1.  In determining whether to approve or disapprove a proposal to incur debt or to levy a special elective tax, the commission shall not, except as otherwise provided in paragraph (d), [undertake to determine whether the purpose for which it is proposed to incur the debt or levy the special elective tax is a public purpose or meets] initiate a determination as to whether the proposed debt or special elective tax is sought to accomplish a public purpose or to satisfy a public need. The commission shall consider, but is not limited to, the following criteria:

      (a) If the proposal is to incur debt, the amount of debt outstanding on the part of the municipality proposing to incur the debt.

      (b) The effect of the tax levy required for debt service on the proposed debt, or of the proposed levy of a special elective tax, upon the ability of the municipality proposing to incur the general obligation debt or levy the special elective tax and of other municipalities to raise revenue for operating purposes.


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

ê1995 Statutes of Nevada, Page 1960 (Chapter 573, AB 356)ê

 

      (c) The anticipated need for other incurrences of debt or levies of special elective taxes by the municipality proposing to incur the debt or levy the special elective tax and other municipalities whose tax-levying powers overlap, as shown by the county or regional master plan, if any, and by other available information.

      (d) If the information set forth in paragraph (b) of subsection 4 of NRS 350.004 indicates that the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds 90 percent of the limit provided in NRS 361.453:

             (1) The public need to be served by the proceeds from the proposed debt or tax levy; and

             (2) A comparison of that public need and other public needs that appear on the statements of current and contemplated general obligation debt and special elective taxes submitted pursuant to paragraph (a) of subsection 1 of NRS 350.0035 that may affect the combined property tax rate in any of the overlapping entities within the county.

      2.  If the commission approves the proposal, the amount received from the sale of the general obligation debt or from the special elective tax may be expended only for the purposes described in the proposal.

      Sec. 2.  NRS 350.020 is hereby amended to read as follows:

      350.020  1.  Except as otherwise permitted by subsection 3, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next primary or general municipal election or primary or general state election.

      2.  A special election may be held only if the governing body of the municipality determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

      3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may , after a public hearing, incur this general obligation without an election unless, within [30] 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll.


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

ê1995 Statutes of Nevada, Page 1961 (Chapter 573, AB 356)ê

 

registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. [Publication] Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

      4.  A municipality may issue special obligations without an election.

      Sec. 3.  Section 1 of Assembly Bill No. 281 of this session is hereby amended to read as follows:

       Section 1.  NRS 350.020 is hereby amended to read as follows:

       350.020  1.  Except as otherwise permitted by subsection 3, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next primary or general municipal election or primary or general state election.

       2.  A special election may be held only if the governing body of the municipality determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

       3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines , by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll.


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

ê1995 Statutes of Nevada, Page 1962 (Chapter 573, AB 356)ê

 

registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

       4.  A municipality may issue special obligations without an election.

      Sec. 4.  The amendatory provisions of this act do not apply to:

      1.  A general obligation authorized pursuant to NRS 350.020 on or before July 1, 1995, regardless of the date upon which the obligation is issued; or

      2.  Any general obligation authorized to be issued by a special act adopted and approved on or before July 1, 1995.

      Sec. 5.  1.  This section and sections 2, 3 and 4 of this act become effective on July 1, 1995.

      2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1995.

 

________

 

 

CHAPTER 574, AB 363

Assembly Bill No. 363–Committee on Judiciary

CHAPTER 574

AN ACT relating to justices’ courts; revising provisions governing the number of justices of the peace in townships; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 4.020 is hereby amended to read as follows:

      4.020  1.  There must be one justice’s court in each of the townships of the state, for which there must be elected by the qualified electors of the township at least one justice of the peace. Except as otherwise provided in subsection 2, the qualified electors of the township may increase the [following] number of justices of the peace according to the population of the township, as certified by the governor in even-numbered years pursuant to NRS 360.285 [:] , in accordance with and not to exceed the following schedule:

      (a) In a county whose population is 400,000 or more, [there must be] one justice of the peace for each 100,000 population of the township, or fraction thereof.

      (b) In a county whose population is less than 400,000, [there must be] one justice of the peace for each 50,000 population of the township, or fraction thereof.


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

ê1995 Statutes of Nevada, Page 1963 (Chapter 574, AB 363)ê

 

      (c) If a township includes a city created by the consolidation of a city and county into one municipal government, [there must be] one justice of the peace for each 30,000 population of the township, or fraction thereof.

      2.  If the [provisions of] schedule set forth in subsection 1 [operate to require] allows an increase in the number of justices of the peace in a township and, in the opinion of a majority of the justices of the peace in that township, the case load does not warrant an additional justice of the peace, the justices of the peace [may] shall notify the director of the legislative counsel bureau of their opinion. The director shall submit the opinion to the next regular session of the legislature for its consideration. If the justices of the peace transmit such a notice to the director, the number of justices may not be increased during that period unless the legislature, by resolution, expressly approves the increase.

      3.  Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.

      4.  The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate must be filed in the office of the secretary of state as evidence of the official character of that officer.

      Sec. 2.  The amendatory provisions of section 1 of this act which remove the mandatory increase in the number of justices of the peace apply retroactively to any increase which would otherwise have been required on or after January 1, 1992.

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

 

________

 

 

CHAPTER 575, AB 370

Assembly Bill No. 370–Committee on Government Affairs

CHAPTER 575

AN ACT relating to local improvement districts; revising certain provisions relating to alternative procedures for the creation of such districts; limiting the applicability of those provisions; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 271 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of NRS 271.710, 271.720 and 271.730 apply to the governing body of a city or county.

      Sec. 2.  NRS 271.015 is hereby amended to read as follows:

      271.015  [This] Except as otherwise provided in section 1 of this act, this chapter applies;

      1.  To any unincorporated town.


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

ê1995 Statutes of Nevada, Page 1964 (Chapter 575, AB 370)ê

 

      2.  To any city, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.

      3.  To any county for any project outside of any city.

      4.  To any county, city, or town for a project not specified in this chapter but which that municipality is otherwise authorized by law to acquire and defray its cost by special assessment, and to any other political subdivision of this state otherwise authorized by law to acquire a specified or described project and to defray its cost by special assessment. In such a case, this chapter provides the method of doing so, to the extent that a special procedure is not provided in the authorizing statute.

      5.  To a county for a project or benefited property within the boundaries of a city, if the city within whose boundaries the project or benefited property is located consents to the exercise of powers under this chapter within its boundaries, in an interlocal agreement entered into pursuant to NRS 277.045 to 277.180, inclusive.

      6.  To a city for a project or benefited property outside the boundaries of the city, if the county or other city within whose boundaries the project or benefited property is located consents to the exercise of powers under this chapter within its boundaries, in an interlocal agreement entered into pursuant to NRS 277.045 to 277.180, inclusive.

      Sec. 3.  NRS 271.710 is hereby amended to read as follows:

      271.710  1.  A governing body may adopt an ordinance pursuant to NRS 271.325 creating a district and ordering a project to be acquired or improved and may contract with a person to construct or improve a project, issue bonds or otherwise finance the cost of the project and levy assessments, without complying with the provisions of NRS 271.305 to 271.320, inclusive, 271.330 to 271.345, inclusive, 271.380 and 271.385 and except as otherwise provided in this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, chapters 332, 338 and 339 of NRS, if the governing body has entered into a written agreement with the owners of all of the assessable property within the district which states that:

      (a) The governing body agrees to enter into a contract for the acquisition, construction or improvement of the project or projects in the district which includes:

             (1) A provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work to be performed under the contract; and

             (2) The price, stated as a lump sum or as unit prices, which the governing body agrees to pay for the project if the project meets all requirements and specifications in the contract.

      (b) The owners of the assessable property agree that if the rate of interest on any assessment levied for the district is determined from time to time as provided in NRS 271.487, the owners will provide written notice to the governing body in a timely manner when a parcel of the assessable property in the district is sold to a person who intends to occupy a dwelling unit on the parcel as his residence.


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

ê1995 Statutes of Nevada, Page 1965 (Chapter 575, AB 370)ê

 

      (c) The owners of the assessable property agree that the governing body may create the district, levy the assessments and for all other purposes relating to the district proceed pursuant to the provisions of this section.

      2.  If an ordinance is adopted and the agreement entered into pursuant to subsection 1 so states:

      (a) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to add additional property to the district. The assessments may be redistributed between the assessable property originally in the district and the additional assessable property if:

             (1) The owners of [the] additional assessable property also consent in writing to inclusion of their property in the district and to the amount of the assessment against their property; and

             (2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

      (b) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to remove assessable property from the district. The assessments may be redistributed among the assessable property remaining in the district if:

             (1) The owners of the remaining assessable property consent in writing to the amount of the revised assessment on their property; and

             (2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

      (c) The governing body may adopt any ordinance pertaining to the district including the ordinance creating the district required by NRS 271.325, the ordinance authorizing interim warrants required by NRS 271.355, the ordinance levying assessments required by NRS 271.390, the ordinance authorizing bonds required by NRS 271.475 or any ordinance amending those ordinances after a single reading and without holding a hearing thereon, as if an emergency exists, upon an affirmative vote of not less than two-thirds of all voting members of the governing body, excluding from any computation any vacancy on the governing body and any members thereon who may vote to break a tie vote, and provide that the ordinances become effective at the time an emergency ordinance would have become effective. The provisions of NRS 271.308 do not apply to any such ordinance.

      (d) The governing body may provide for a reserve fund, letter of credit, surety bond or other collateral for payment of any interim warrants or bonds issued for the district and include all or any portion of the costs thereof in the amounts assessed against the property in the district and in the amount of bonds issued for the district. [If a reserve fund is created, the] The governing body may provide for the disposition of interest earned on the reserve fund and other bond proceeds, for the disposition of unexpended bond proceeds after completion of the project and for the disposition of the unexpended balance in the reserve fund after payment in full of the bonds for the district.


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ê1995 Statutes of Nevada, Page 1966 (Chapter 575, AB 370)ê

 

      Sec. 4.  NRS 271.720 is hereby amended to read as follows:

      271.720  1.  Any agreement made pursuant to NRS 271.710 must:

      (a) Include a description of the property in the district;

      (b) Be signed by the chairman of the governing body and the owners of all assessable property within the district;

      (c) Be accompanied by an acknowledgment of each signature; and

      (d) Be recorded in the office of the county recorder.

      2.  Upon recording pursuant to paragraph (d) of subsection 1, the agreement:

      (a) Is binding on all subsequent owners of [the] assessable property in the district;

      (b) Is not extinguished by the sale of any property on account of nonpayment of general taxes or any other sale of the property; and

      (c) Is prior and superior to all liens, claims, encumbrances and titles other than the liens of assessment and general taxes.

      3.  As a condition to executing an agreement pursuant to NRS 271.710, the governing body may require that the [property] owners of assessable property make a deposit of cash, a surety bond, a letter of credit or such other security as is deemed appropriate by the governing body, in such an amount as will reimburse the municipality for all its expenses in connection with the district including, without limitation, the cost of:

      (a) Designing and preparing plans and specifications for the improvements;

      (b) Inspecting any work performed and any improvements installed;

      (c) Any engineering, legal, financial or other experts retained by the municipality to advise it with respect to the district;

      (d) Any mailings or publications made in connection with the district; and

      (e) Any administrative costs, including any carrying cost and an appropriate portion of the salary of any municipal employee or employees who perform services in connection with the district,

and any other costs the municipality may incur in connection with the district.

      4.  The deposit required pursuant to subsection 3 must be applied to the expenses listed in subsection 3 if bonds are not issued or if the proceeds of the bonds are not sufficient to pay those expenses.

      Sec. 5.  1.  This section and sections 1 and 2 of this act become effective upon passage and approval.

      2.  Sections 3 and 4 of this act become effective on October 1, 1995.

 

________


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

ê1995 Statutes of Nevada, Page 1967ê

 

CHAPTER 576, AB 292

Assembly Bill No. 292–Committee on Judiciary

CHAPTER 576

AN ACT relating to divorce; providing for the disposition of certain pension or retirement benefits upon dissolution of marriage; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 125 of NRS is hereby amended by adding thereto a new section to read as follows:

      Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS or is prohibited by specific statute:

      1.  In determining the value of an interest in or entitlement to a pension or retirement benefit provided by the public employees’ retirement system pursuant to chapter 286 of NRS, the court:

      (a) Shall base its determination upon the number of years or portion thereof that the contributing party was employed and received the interest or entitlement, beginning on the date of the marriage and ending on the date on which a decree of legal separation or divorce is entered; and

      (b) Shall not base its determination upon any estimated increase in the value of the interest or entitlement resulting from a promotion, raise or any other efforts made by the party who contributed to the interest or entitlement as a result of his continued employment after the date of a decree of legal separation or divorce.

      2.  The court may, in making a disposition of a pension or retirement benefit provided by the public employees’ retirement system, order that the benefit not be paid before the date on which the participating party retires. To ensure that the party who is not a participant will receive payment for the benefits, the court may:

      (a) On its own motion or pursuant to an agreement of the parties, require the participating party to furnish a performance or surety bond, executed by the participating party as principal and by a corporation qualified under the laws of this state as surety, made payable to the party who is not a participant under the plan, and conditioned upon the payment of the pension or retirement benefits. The bond must be in a principal sum equal to the amount of the determined interest of the nonparticipating party in the pension or retirement benefits and must be in a form prescribed by the court.

      (b) On its own motion or pursuant to an agreement of the parties, require the participating party to purchase a policy of life insurance. The amount payable under the policy must be equal to the determined interest of the nonparticipating party in the pension or retirement benefits. The nonparticipating party must be named as a beneficiary under the policy and must remain a named beneficiary until the participating party retires.


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

ê1995 Statutes of Nevada, Page 1968 (Chapter 576, AB 292)ê

 

      (c) Pursuant to an agreement of the parties, increase the value of the determined interest of the nonparticipating party in the pension or retirement benefit as compensation for the delay in payment of the benefit to that party.

      (d) On its own motion or pursuant to an agreement of the parties, allow the participating party to provide any other form of security which ensures the payment of the determined interest of the nonparticipating party in the pension or retirement benefit.

      3.  If a party receives an interest in or an entitlement to a pension or retirement benefit which the party would not otherwise have an interest in or be entitled to if not for a disposition made pursuant to this section, the interest or entitlement and any related obligation to pay that interest or entitlement terminates upon the death of either party unless pursuant to:

      (a) An agreement of the parties; or

      (b) An order of the court,

a party who is a participant in the public employees’ retirement system provides an alternative to an unmodified service retirement allowance pursuant to NRS 286.590.

      Sec. 2.  NRS 125.150 is hereby amended to read as follows:

      125.150  [Unless] Except as otherwise provided in section 1 of this act and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

      1.  In granting a divorce, the court:

      (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

      (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may [, in its discretion,] provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

      (a) The intention of the parties in placing the property in joint tenancy;

      (b) The length of the marriage; and

      (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.


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

ê1995 Statutes of Nevada, Page 1969 (Chapter 576, AB 292)ê

 

As used in this subsection, “contribution” includes a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees are in issue under the pleadings.

      4.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

      5.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      6.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.

      8.  In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      9.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:


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

ê1995 Statutes of Nevada, Page 1970 (Chapter 576, AB 292)ê

 

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

             (I) The equivalent of a high school diploma;

             (II) College courses which are directly applicable to the recipient’s goals for his career; or

             (III) Courses of training in skills desirable for employment.

      Sec. 3.  The provisions of section 1 of this act apply to any action filed on or after the effective date of this act.

      Sec. 4.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 577, AB 450

Assembly Bill No. 450–Assemblyman Hettrick

CHAPTER 577

AN ACT relating to taxation; clarifying the provisions governing the amount of taxes on retail sales collected on sales of tangible personal property pertaining to a county other than the one in which the retailer is located; clarifying the manner in which such sales must be reported; providing for the calculation of the use tax on certain meals provided by an employer to his employees; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In determining the amount of sales tax due on a sale at retail, the rate of tax used must be the sum of the rates of all taxes imposed upon sales at retail in the county in which the property is or will be delivered to the purchaser or his agent or designee.

      2.  In determining the amount of use tax due on the purchase of tangible personal property for use, storage or other consumption in this state, the rate of tax used must be the sum of the rates of all taxes imposed upon the use, storage or other consumption of property in the county in which the property is first used, stored or consumed.


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

ê1995 Statutes of Nevada, Page 1971 (Chapter 577, AB 450)ê

 

storage or other consumption of property in the county in which the property is first used, stored or consumed.

      3.  On or before January 1 of each year the department shall transmit to each retailer to whom a permit has been issued a notice which contains the provisions of subsections 1 and 2 and NRS 372.365.

      Sec. 2.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of this chapter, the department shall, pursuant to NRS 372.185, calculate the amount of tax imposed on the use or other consumption of meals provided by an employer to his employees based on the cost of the specific components of those meals if:

      1.  The meals are furnished on a regular basis on the premises of the employer for the convenience of the employer; and

      2.  The employer does not charge the employees a specific fixed price per meal.

      Sec. 3.  NRS 372.365 is hereby amended to read as follows:

      372.365  1.  For the purposes of the sales tax [, the] :

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

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

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

      2.  For purposes of the use tax [, in] :

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

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

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

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

      3.] and indicate the county in this state in which the property was first used, stored or consumed.

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

      5.  Except as otherwise provided in subsection 6, upon determining that a retailer has filed a return which contains one or more violations of the provisions of this section, the department shall:


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

ê1995 Statutes of Nevada, Page 1972 (Chapter 577, AB 450)ê

 

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

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

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

      6.  For the purposes of subsection 5, if the first violation of this section by any retailer was determined by the department through an audit which covered more than one return of the retailer, the department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection 5.

      Sec. 4.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of this chapter, the department shall, pursuant to NRS 374.190, calculate the amount of tax imposed on the use or other consumption of meals provided by an employer to his employee based on the cost of the specific components of those meals if:

      1.  The meals are furnished on a regular basis on the premises of the employer for the convenience of the employer; and

      2.  The employer does not charge the employees a specific fixed price per meal.

      Sec. 5.  NRS 374.370 is hereby amended to read as follows:

      374.370  1.  For the purposes of the sales tax [, the return shall] :

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

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

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

      2.  For purposes of the use tax [, in] :

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

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

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

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


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

ê1995 Statutes of Nevada, Page 1973 (Chapter 577, AB 450)ê

 

consumption of which became subject to the use tax during the preceding reporting period [.

      3.] and indicate the county in this state in which the property was first used, stored or consumed.

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

      5.  Except as otherwise provided in subsection 6, upon determining that a retailer has filed a return which contains one or more violations of the provisions of this section, the department shall:

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

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

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

      6.  For the purposes of subsection 5, if the first violation of this section by any retailer was determined by the department through an audit which covered more than one return of the retailer, the department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection 5.

      Sec. 6.  NRS 374.635 is hereby amended to read as follows:

      374.635  1.  If the department determines that any amount, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the department shall set forth that fact in the records of the department and shall certify to the board of county commissioners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid. If approved by the board of county commissioners, the excess amount collected or paid [shall] must be credited on any amounts then due [and payable] from the person [under] pursuant to this chapter, and the balance [shall] must be refunded to the person, or his successors, administrators or executors.

      2.  Any overpayment of the use tax by a purchaser to a retailer who is required to collect the tax and who gives the purchaser a receipt therefor pursuant to NRS 374.190 to 374.260, inclusive, [shall] and section 4 of this act, must be credited or refunded by the county.

      Sec. 7.  NRS 374.645 is hereby amended to read as follows:

      374.645  No credit or refund of any amount paid pursuant to NRS 374.190 to 374.260, inclusive, [shall] and section 4 of this act, may be allowed on the ground that the storage, use or other consumption of the property is exempted [under] pursuant to NRS 374.350, unless the person who paid the amount reimburses his vendor for the amount of the sales tax imposed upon his vendor with respect to the sale of the property and paid by the vendor to the county.


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ê1995 Statutes of Nevada, Page 1974 (Chapter 577, AB 450)ê

 

      Sec. 8.  NRS 374.695 is hereby amended to read as follows:

      374.695  1.  If judgment is rendered for the plaintiff, the amount of the judgment [shall] must first be credited as follows:

      (a) If the judgment is for a refund of sales taxes, it [shall] must be credited on any sales or use tax or amount of use tax due from the plaintiff.

      (b) If the judgment is for a refund of use taxes, it [shall] must be credited on any use tax or amount of use tax due from the plaintiff [under] pursuant to NRS 374.190 to 374.260, inclusive [.] , and section 4 of this act.

      2.  The balance of the judgment [shall] must be refunded to the plaintiff.

      Sec. 9.  This act becomes effective on January 1, 1996.

 

________

 

 

CHAPTER 578, AB 498

Assembly Bill No. 498–Committee on Labor and Management

CHAPTER 578

AN ACT relating to industrial insurance; providing that a person who forms or proposes to form or finance an association of self-insured employers must obtain a permit; providing that a surety for an association hold a certificate of authority; revising the provisions relating to membership in an association; requiring an association to provide certain additional financial information with its application; providing that any financial information relating to a member which is submitted to the commissioner with the application is confidential; limiting the ability of an employer to rejoin an association or the state industrial insurance system under certain circumstances; requiring an association to employ an association’s administrator and a third-party administrator; requiring a member of an association to provide notification of withdrawal; providing additional time in certain circumstances before the withdrawal of a certificate of an association; providing that a member of an association remains liable for any obligations incurred or responsibilities imposed under a former name or form of organization; repealing provisions relating to service companies; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  “Association’s administrator” means a person who is employed by or has contracted with the board of trustees of an association of self-insured public or private employers to carry out the policies of the board of trustees and to be responsible for the daily operation of the association.

      Sec. 3.  “Solicitor” means a person who:

      1.  Forms or proposes to form; or

      2.  Proposes to secure funds for forming or financing or recruiting members for,

an association of public or private self-insured employers.

      Sec. 3.3.  “Tangible net worth” means all of the assets of an association of self-insured private employers or of a member of such an association except:

      1.  Accounts receivable, if they are factored or collateralized.


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ê1995 Statutes of Nevada, Page 1975 (Chapter 578, AB 498)ê

 

      2.  An inventory, except one held for resale and not collateralized.

      3.  A prepaid expense.

      4.  An unqualified investment.

      5.  An allocated bond fund.

      6.  An investment in an affiliate.

      7.  A restricted fund.

      8.  A reserve.

      9.  A security cost, such as a capitalized bond cost.

      10.  A cash equivalent, unless it is described in the footnotes for the balance sheet by item, and for investments, by duration and nature. A cash flow statement is not a sufficient description.

      11.  A contingency or commitment, including any estimated cost.

      12.  Any book adjustment caused by a change in an accounting policy or a restatement.

      13.  Goodwill or excess cost over the fair market value of assets.

      14.  Any other items listed in the assets that are deemed unacceptable by the commissioner because they cannot be justified or because they do not directly support the ability of the association or the member to pay a claim.

      Sec. 3.6.  “Trade association” means an association of firms concerned with:

      1.  A single product or service;

      2.  A number of closely related products or services; or

      3.  Contractors, manufacturers, distributors or retailers of a product or service or a number of closely related products or services,

as determined by the commissioner.

      Sec. 4.  1.  Except as otherwise provided in this section, a person shall not advertise or offer for sale in this state any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless he has obtained a solicitor’s permit from the commissioner.

      2.  To obtain a solicitor’s permit, a person must file a written application with the commissioner. The application must include:

      (a) The name, type and purposes of the association formed or proposed to be formed or financed;

      (b) The name, residential address, business, professional or employment experience for the preceding 10 years and qualifications of each person associated or to be associated as director, promoter, manager, member of the board or in other similar capacity in the association, or in the formation of the proposed association or in the proposed financing, together with the fingerprints of each person so associated or to be associated, on forms furnished by the commissioner;

      (c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;

      (d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated;

      (e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred;


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ê1995 Statutes of Nevada, Page 1976 (Chapter 578, AB 498)ê

 

      (f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor;

      (g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used;

      (h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and

      (i) Such additional pertinent information as the commissioner may reasonably require.

      3.  The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted. A solicitor must submit this fee each year thereafter if he continues to recruit new members for an association.

      4.  A person who violates subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment.

      5.  The provisions of this section do not apply to:

      (a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or

      (b) A person who is employed by:

             (1) Current members of an association; or

             (2) Employers that are considering membership in an association,

whose primary duties do not include solicitation of potential members of the association.

      Sec. 5.  1.  After the filing of an application for a solicitor’s permit, the commissioner shall promptly cause an investigation to be made of:

      (a) The identity, character, reputation, experience, financial standing and motives of the persons proposing to organize, promote or finance the association of self-insured public or private employers;

      (b) The character, financial responsibility, management experience and business qualifications of the officers, directors and managers of the existing or proposed association; and

      (c) Any other aspects of the solicitor, association or proposed financing as the commissioner deems advisable.

      2.  The commissioner shall expeditiously examine an application for a solicitor’s permit and complete the investigation required pursuant to subsection 1. Except as otherwise provided in subsection 3, if the commissioner finds after performing an examination and investigation that:

      (a) The application is complete and the applicable fee has been paid;

      (b) The documents filed with the application are proper in form; and

      (c) The proposed financing is reasonable and adequate in amount for the purposes intended and the applicant is otherwise entitled to the permit,

he shall issue a permit and assign a permit number to the applicant.

      3.  If the commissioner does not so find, or finds that:

      (a) The applicant is not competent, trustworthy, financially responsible or of good personal and business reputation;

      (b) Any of the persons associated or to be associated with the association are not of good reputation as to business affairs or financial responsibility; or


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ê1995 Statutes of Nevada, Page 1977 (Chapter 578, AB 498)ê

 

      (c) There is material variance, adverse to the applicant, as between the information furnished by the applicant in connection with the application and that determined by the commissioner on investigation,

he shall give notice to the applicant that a permit will not be granted, stating the particulars of the grounds for the denial. The commissioner shall not refund the fee for the filing of the application.

      Sec. 6.  1.  The commissioner may suspend or revoke a solicitor’s permit if he reasonably believes that:

      (a) A violation of chapter 616 or 617 of NRS or Title 57 of NRS or the terms of the permit or any proper order of the commissioner has occurred; or

      (b) A material misrepresentation in the offering or sale of securities, policies or memberships pursuant to the permit has occurred.

      2.  If the commissioner suspends or revokes a permit pursuant to subsection 1, he shall expeditiously conduct a hearing, giving the holder of the permit a reasonable opportunity to appear and be heard.

      Sec. 6.5.  1.  Any advertising or written material that solicits employers to join an association of self-insured public or private employers must contain the permit number of the solicitor.

      2.  A solicitor shall provide to the commissioner upon request a copy of any document relating to a solicitation which was prepared after the solicitor filed his application for a permit.

      Sec. 7.  A surety or bonding company shall not furnish a bond or any other form of security required by the provisions of this chapter or chapter 617 of NRS for an association of self-insured public or private employers or a member of such an association unless the surety or bonding company holds a certificate of authority issued by the commissioner.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, if the membership of an employer who was a member of an association of self-insured public or private employers has been terminated or canceled and the system subsequently insures that employer:

      (a) The employer shall remain insured by the system for at least 2 years before it may join an association of self-insured public or private employers.

      (b) The system shall determine the amount of premium that such an employer must pay based on:

             (1) The premium rate for the standard industrial classification of that employer which the system may deviate from not more than 15 percent; and

             (2) An adjustment based on the experience of the employer for the 3 previous years,

in accordance with the regulations adopted pursuant to NRS 616.380.

      2.  A member of an association who terminates his membership in the association pursuant to subsection 3 of NRS 616.37935 may not, before July 1, 1998, obtain industrial insurance from the system.

      Sec. 9.  NRS 616.015 is hereby amended to read as follows:

      616.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.123, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.


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ê1995 Statutes of Nevada, Page 1978 (Chapter 578, AB 498)ê

 

      Sec. 10.  NRS 616.0265 is hereby amended to read as follows:

      616.0265  “Association of self-insured private employers” means a nonprofit, unincorporated association composed of five or more private employers that has been issued a certificate by the commissioner [indicating that the combined administrative and financial resources of the members of the association are sufficient to make certain the prompt payment of all compensation under this chapter and chapter 617 of NRS.] and is subject to the provisions of NRS 616.3791 to 616.37997, inclusive.

      Sec. 11.  NRS 616.0267 is hereby amended to read as follows:

      616.0267  “Association of self-insured public employers” means a nonprofit, unincorporated association composed of five or more public employers that has been issued a certificate by the commissioner [indicating that the combined administrative and financial resources of the members of the association are sufficient to make certain the prompt payment of all compensation under this chapter and chapter 617 of NRS.] and is subject to the provisions of NRS 616.3791 to 616.37997, inclusive.

      Sec. 12.  NRS 616.3791 is hereby amended to read as follows:

      616.3791  1.  A group of five or more employers may not act as an association of self-insured public employers [or as an association of self-insured private employers] unless the group [has] :

      (a) Is composed of employers engaged in the same or similar classifications of employment; and

      (b) Has been issued a certificate to [do so] act as such an association by the commissioner.

      2.  A group of five or more employers may not act as an association of self-insured private employers unless each member of the group:

      (a) Is a member or associate member of a bona fide trade association, as determined by the commissioner, which:

             (1) Is incorporated in this state; and

             (2) Has been in existence for at least 5 years; and

      (b) Has been issued a certificate to act as such an association by the commissioner.

      3.  An association of public or private employers that wishes to be issued a certificate must file with the commissioner an application for certification.

      [3.] 4.  The application must include:

      (a) The name of the association.

      (b) The address of:

             (1) The principal office of the association.

             (2) The location where the books and records of the association will be maintained.

      (c) The date the association was organized.

      (d) The name and address of each member of the association.

      (e) The names of the initial members of the board of trustees and the name of the initial [third-party administrator of the association.] association’s administrator.

      (f) Such other information as the commissioner may require.

      [4.] 5.  The application must be accompanied by:

      (a) A nonrefundable filing fee of $1,000.

      (b) Proof of compliance with NRS 616.37915.


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ê1995 Statutes of Nevada, Page 1979 (Chapter 578, AB 498)ê

 

      (c) Proof that the association or its third-party administrator is licensed or otherwise authorized to conduct business in this state pursuant to Title 57 of NRS.

      (d) A copy of [any] the agreements entered into with the association’s administrator and a third-party administrator . [or any service company.]

      (e) A copy of the bylaws of the association.

      (f) A copy of an agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due [under] pursuant to this chapter and chapter 617 of NRS.

      (g) A pro forma financial statement [, on a form acceptable to the commissioner,] prepared by an independent certified public accountant in accordance with generally accepted accounting principles that shows the financial ability of the association to pay all compensation due [under] pursuant to this chapter and chapter 617 of NRS.

      (h) A reviewed financial statement prepared by an independent certified public accountant for each proposed member of the association or evidence of the ability of the association or its proposed members to provide a solvency bond pursuant to subsection 3 of NRS 616.37915.

      (i) Proof that each member of the association will make the initial payment to the association required pursuant to NRS 616.37965 on a date specified by the commissioner. The payment shall be deemed to be a part of the assessment required to be paid by each member for the first year of self-insurance if certification is issued to the association.

      6.  Any financial information relating to a member of an association received by the commissioner pursuant to the provisions of this section is confidential and must not be disclosed.

      7.  For the purposes of this section, “associate member of a bona fide trade association” means a supplier whose business, as determined by the commissioner:

      (a) Is limited to a specific industry;

      (b) Primarily involves providing a product or service that is directly used or consumed by substantially all of the members of the trade association or bears a direct relationship to the business of the members of the association.

      Sec. 13.  NRS 616.37915 is hereby amended to read as follows:

      616.37915  1.  An association of self-insured public or private employers shall:

      (a) Execute an indemnity agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due [under] pursuant to this chapter and chapter 617 of NRS. The indemnity agreement must be in a form prescribed by the commissioner. An association may add provisions to the indemnity agreement if they are first approved by the commissioner.

      (b) Except as otherwise provided in this subsection, maintain a policy of specific and aggregate excess insurance in a form and amount required by the commissioner. The excess insurance must be written by an insurer approved by the commissioner. To determine the amount of excess insurance required, the commissioner shall consider:

             (1) The number of members in the association;


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ê1995 Statutes of Nevada, Page 1980 (Chapter 578, AB 498)ê

 

             (2) If the association is an association of self-insured public employers, the types of governmental services provided by the members of the association;

             (3) If the association is an association of self-insured private employers, the classifications of employment of the members of the association;

             (4) The number of years the association has been in existence; and

             (5) Such other information as the commissioner deems necessary.

Nothing in this paragraph prohibits an association from purchasing secondary excess insurance in addition to the excess insurance required by this paragraph.

      (c) [For the first year of self-insurance, collect] Collect an annual assessment from each member of the association in an aggregate amount of at least $250,000 [. Each year thereafter, the association shall collect an assessment in an aggregate amount of at least $500,000] or in an aggregate amount [the commissioner determines is sufficient to fund its obligation, whichever is larger.] which the commissioner determines is satisfactory based on an annual review conducted by him of the actuarial solvency of the association.

      (d) Except as otherwise provided in paragraph (e), deposit as security with the commissioner a bond executed by the association as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to their employees. The bond must be in an amount determined by the commissioner to be reasonably sufficient to ensure payment of such compensation, but in no event may it be less than $100,000.

      (e) In lieu of a bond, deposit with the commissioner a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the commissioner.

      2.  [In] Except as otherwise provided in subsection 3, in addition to complying with the requirements of subsection 1, an association of self-insured private employers shall maintain a combined tangible net worth of all members in the association of at least $2,500,000.

      3.  [Any third-party administrator of the association] In lieu of complying with the requirements of subsection 2, the association’s administrator shall ensure that a solvency bond, in a form prescribed by the commissioner and in an aggregate amount of at least $2,500,000, is deposited with the commissioner by the association or members of the association on behalf of the association.

      4.  The association’s administrator shall deposit with the commissioner a bond executed by the [third-party administrator] association’s administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of his duties. The bond must be in an amount determined by the commissioner.

      [4.  Any service company]

      5.  Any third-party administrator providing claims services for the association shall deposit with the commissioner a bond executed by the [service company] third-party administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of its duties.


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ê1995 Statutes of Nevada, Page 1981 (Chapter 578, AB 498)ê

 

payable to the State of Nevada, and conditioned upon the faithful performance of its duties. The bond must be in an amount determined by the commissioner.

      [5.] 6.  The commissioner may increase or decrease the amount of any bond or money required to be deposited by this section in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance. If the commissioner requires an association, association’s administrator or third-party administrator [or service company] to increase its deposit, the commissioner may specify the form of the additional security. The association, association’s administrator or third-party administrator [or service company] shall comply with such a requirement within 60 days after receiving notice from the commissioner.

      [6.] 7.  The account for associations of self-insured public and private employers is hereby created in the state agency fund for bonds. All money received by the commissioner pursuant to this section must be deposited with the state treasurer to the credit of the account. All claims against this account must be paid as other claims against the state are paid.

      Sec. 13.5.  NRS 616.37917 is hereby amended to read as follows:

      616.37917  1.  The commissioner shall grant or deny an application for certification as an association of self-insured public or private employers within 60 days after receiving the application. If the application is materially incomplete or does not comply with the applicable provisions of the law, the commissioner shall notify the applicant of the additional information or changes required. Under such circumstances, if the commissioner is unable to act upon the application within this 60-day period, he may extend the period for granting or denying the application, but for not longer than an additional 90 days.

      2.  Upon determining that an association is qualified as an association of self-insured public or private employers, the commissioner shall issue a certificate to that effect to the association and the administrator. No certificate may be issued to an association that, within the 2 years immediately preceding its application, has had its certification as an association of self-insured public or private employers involuntarily withdrawn by the commissioner.

      3.  A certificate issued [under] pursuant to this section remains in effect until withdrawn by the commissioner or canceled at the request of the association. Coverage for an association granted a certificate becomes effective on the date of certification or the date specified in the certificate.

      4.  The commissioner shall not grant a request to cancel a certificate unless the association has insured or reinsured all incurred obligations with an insurer authorized to do business in this state pursuant to an agreement filed with and approved by the commissioner. The agreement must include coverage for actual claims and claims filed with the association but not reported, and the expenses associated with those claims.

      Sec. 14.  NRS 616.37925 is hereby amended to read as follows:

      616.37925  1.  An association of self-insured public or private employers must be operated by a board of trustees consisting of at least five members whom the members of the association elect for terms set forth in the bylaws of the association. If the association is an association of self-insured:


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ê1995 Statutes of Nevada, Page 1982 (Chapter 578, AB 498)ê

 

      (a) Public employers, the members of the board of trustees must be officers or employees of the public employers who are members of the association.

      (b) Private employers, at least two-thirds of the members of the board of trustees must be employees, officers or directors of the members of the association. No association’s administrator or third-party administrator [or service company] employed by the association, or any owner, officer, employee or other person affiliated with the association’s administrator or third-party administrator , [or the service company,] may serve as a member of the board of trustees. Each member of the board of trustees must be a resident of this state or an officer of a corporation authorized to do business in this state.

      2.  The board of trustees of an association shall:

      (a) Ensure the prompt payment of any compensation due [under] pursuant to this chapter or chapter 617 of NRS.

      (b) Take such actions as are necessary to protect the assets of the association.

      (c) Employ full time [a third-party administrator] an association’s administrator to carry out the policies of the board of trustees [, provide administrative services and manage claims, unless the association is licensed as a third-party administrator.

      (d)] and perform such duties as the board delegates to him. An association’s administrator shall not perform any of the duties assigned to a third-party administrator.

      (d) Employ a third-party administrator to carry out the duties set forth in NRS 616.301.

      (e) Employ an independent certified public accountant to prepare the statement of financial condition required by NRS 616.3795.

      [(e)] (f) Maintain minutes of its meetings and make the minutes available for inspection by the commissioner.

      3.  The board of trustees of an association shall not:

      (a) Extend credit to any member of the association for the payment of that member’s annual assessment, except pursuant to a payment plan approved by the commissioner.

      (b) Borrow any money from the association or in the name of the association, except in the ordinary course of its business, without the prior approval of the commissioner.

      Sec. 15.  NRS 616.3793 is hereby amended to read as follows:

      616.3793  1.  [A service company] An association’s administrator employed by an association of self-insured public or private employers, or an employee, officer or director of [such a company,] an association’s administrator, may not be an employee, officer or director of a third-party administrator employed by the association or have a direct or indirect financial interest in the third-party administrator of the association.

      2.  The third-party administrator of an association of self-insured public or private employers, or an employee, officer or director of the third-party administrator, may not be an employee, officer or director of [a service company] an association’s administrator employed by the association or have a direct or indirect financial interest in that [service company.] association’s administrator.


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ê1995 Statutes of Nevada, Page 1983 (Chapter 578, AB 498)ê

 

      3.  Any contract entered into by an association of self-insured public or private employers and a [service company or] third-party administrator must include a provision which states that, unless the commissioner otherwise provides, the [service company or] third-party administrator shall administer any claim or other obligation of the association to its conclusion during the period of the contract.

      Sec. 16.  NRS 616.37935 is hereby amended to read as follows:

      616.37935  1.  If an employer wishes to become a member of an association of self-insured public or private employers, the employer must:

      (a) Submit an application for membership to the board of trustees or third-party administrator of the association; and

      (b) Enter into an indemnity agreement as required by NRS 616.37915.

      2.  The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.

      3.  [A] Each member who is a member of an association during the 12 months immediately following the formation of the association must:

      (a) Have a tangible net worth of at least $500,000; or

      (b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium calculated according to the regulations adopted pursuant to NRS 616.380 of at least $15,000. Any employer who seeks to become a member of the association subsequently must meet the requirement set forth in paragraph (a) or (b) unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616.37915.

      4.  Except as otherwise provided in section 8 of this act, a member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association’s administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer’s intent to withdraw from the association.

      [4.] 5.  The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.

      [5.] 6.  The association shall:

      (a) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and

      (b) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph (a), unless the association first receives notice from the administrator that the member has:

             (1) Provided and secured compensation according to the terms, conditions and provisions of this chapter for any injury sustained by an employee arising out of and in the course of his employment;

             (2) Been certified as a self-insured employer pursuant to NRS 616.293; or


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ê1995 Statutes of Nevada, Page 1984 (Chapter 578, AB 498)ê

 

             (3) Become a member of another association of self-insured public or private employers.

      [6.] 7.  If a member of an association changes its name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to this chapter and chapter 617 of NRS under its former name or form of organization.

      8.  An association is liable for the payment of any compensation required to be paid by a member of the association under this chapter or chapter 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of such compensation.

      Sec. 16.5.  NRS 616.37947 is hereby amended to read as follows:

      616.37947  1.  An association of self-insured public employers may merge with another association of self-insured public employers if:

      (a) The resulting association assumes in full all obligations of the merging associations; and

      (b) The merger is approved by the commissioner.

      2.  An association of self-insured private employers may merge with another association of self-insured private employers if:

      (a) The members of the merging associations are engaged in the same or similar [classifications of employment;] trade;

      (b) The resulting association assumes in full all obligations of the merging associations; and

      (c) The merger is approved by the commissioner.

      3.  The commissioner shall conduct a hearing on the proposed merger if any member of the merging associations so requests. The commissioner may on his own motion conduct such a hearing.

      Sec. 17.  NRS 616.3798 is hereby amended to read as follows:

      616.3798  1.  Before any action may be taken pursuant to subsection 2, the commissioner shall arrange an informal meeting with an association of self-insured public or private employers to discuss and seek correction of any conduct which would be grounds for withdrawal of the certificate of the association.

      2.  [Before] Except as otherwise provided in subsection 3, before the withdrawal of the certificate of any association of self-insured public or private employers, the commissioner shall give written notice to the association by certified mail that its certificate will be withdrawn 10 days after receipt of the notice unless, within that time, the association corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner.

      3.  The commissioner may grant additional time, not to exceed an additional 120 days, before the withdrawal of the certificate of an association if:

      (a) The grounds for withdrawal of the certificate of the association are based on paragraph (d) of subsection 2 of NRS 616.37977; and

      (b) The association is financially sound and capable of fulfilling its commitments.

      4.  If the association requests a hearing:


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ê1995 Statutes of Nevada, Page 1985 (Chapter 578, AB 498)ê

 

      (a) The commissioner shall set a date for a hearing within 20 days after receiving the request and give the association at least 10 business days’ notice of the time and place of the hearing.

      (b) A record of the hearing must be kept, but it need not be transcribed unless requested by the association with the cost of transcription to be charged to the association.

      (c) Within 5 business days after the hearing, the commissioner shall either affirm or disaffirm the withdrawal and give the association written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the association receives notice of the affirmance unless within that period the association corrects the conduct which was grounds for the withdrawal or petitions for judicial review of the affirmance.

      [4.] 5.  If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.

      Sec. 18.  NRS 616.3799 is hereby amended to read as follows:

      616.3799  1.  For the purposes of NRS 616.3791 to 616.37997, inclusive, and sections 4 to 8, inclusive, of this act, an association of self-insured public or private employers is insolvent if it is unable to pay its outstanding obligations as they mature in the regular course of its business.

      2.  If an association of self-insured public or private employers becomes insolvent, institutes any voluntary proceeding [under] pursuant to the Bankruptcy Act or is named in any voluntary proceeding thereunder, makes a general or special assignment for the benefits of creditors or fails to pay compensation [under] pursuant to this chapter or chapter 617 of NRS after an order for the payment of any claim becomes final, the commissioner may, after giving at least 10 days’ notice to the association and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited with the commissioner to the extent necessary to make those payments.

      3.  A licensed surety providing a surety bond [under] pursuant to NRS 616.37915 may terminate liability on its surety bond by giving the commissioner and the association, association’s administrator or third-party administrator [or service company] 90 days’ written notice. The termination does not limit liability that was incurred under the surety bond before the termination. If the association fails to requalify as an association of self-insured public or private employers on or before the termination date, the association’s certificate is withdrawn when the termination becomes effective.

      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  NRS 616.113 is hereby repealed.

      Sec. 21.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.

      Sec. 22.  1.  This act becomes effective at 12:01 a.m. on July 1, 1995.

      2.  Section 13.5 of this act becomes effective at 12:02 a.m. on July 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 1986ê

 

CHAPTER 579, AB 502

Assembly Bill No. 502–Assemblymen Buckley, Giunchigliani, Anderson, Perkins, Manendo, Goldwater, Ohrenschall, Humke, Ernaut, Chowning, Tripple, Monaghan, Lambert, Bache, Krenzer, Freeman, Bennett, Fettic, Schneider, Williams, Price, Evans, de Braga, Neighbors, Segerblom, Hettrick, Spitler, Sandoval and Marvel

CHAPTER 579

AN ACT relating to discriminatory practices; prohibiting a person from refusing to authorize a person with a disability to make certain modifications to a dwelling which he occupies or will occupy; requiring that certain dwellings be designed and constructed in a manner which ensures that a person with a disability may use and enjoy the dwelling; revising the procedure of the Nevada equal rights commission for the investigation of a complaint alleging a discriminatory practice in housing; authorizing certain handicapped persons to use animals which have been or are being trained to provide a specialized service for those persons; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A person may not refuse to:

      (a) Authorize a person with a disability to make reasonable modifications to a dwelling which he occupies or will occupy if:

             (1) The person with the disability pays for the modifications; and

             (2) The modifications are necessary to ensure that the person with the disability may use and enjoy the dwelling; or

      (b) Make reasonable accommodations in rules, policies, practices or services if those accommodations are necessary to ensure that the person with the disability may use and enjoy the dwelling.

      2.  A landlord may, as a condition for the authorization of such a modification, reasonably require the person who requests the authorization, upon the termination of his occupancy, to restore the dwelling to the condition that existed before the modification, reasonable wear and tear excepted.

      3.  Except as otherwise provided in subsection 4, a landlord may not increase the amount of security he customarily requires a person to deposit because that person has requested authorization to modify a dwelling pursuant to subsection 1.

      4.  If a person requests authorization to modify a dwelling pursuant to subsection 1, the landlord may require that person to deposit a reasonable amount of security in addition to the amount he usually requires if the additional amount:

      (a) Is necessary to ensure the restoration of the dwelling pursuant to subsection 2;

      (b) Does not exceed the actual cost of the restoration; and

      (c) Is deposited by the landlord in an interest-bearing account. Any interest earned on the additional amount must be paid to the person who requested the authorization.


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ê1995 Statutes of Nevada, Page 1987 (Chapter 579, AB 502)ê

 

      5.  As used in this section, “security” has the meaning ascribed to it in NRS 118A.240.

      Sec. 3.  1.  A covered multifamily dwelling which is designed and constructed for occupancy on or after March 13, 1991, must be constructed in such a manner that the dwelling contains at least one entrance which is accessible to a person with a disability unless it is impracticable to so design or construct the dwelling because of the terrain or unusual characteristics of the site upon which it is constructed.

      2.  A covered multifamily dwelling which contains at least one entrance which is accessible to a person with a disability must be constructed in such a manner that:

      (a) The common areas of the dwelling are readily accessible to and usable by a person with a disability;

      (b) The doors of the dwelling are sufficiently wide to allow a person with a disability to enter and exit in a wheelchair;

      (c) The units of the dwelling contain:

             (1) An accessible route into and through the dwelling;

             (2) Reinforcements in the bathroom walls so that bars for use by a person with a disability may be installed therein; and

             (3) Kitchens and bathrooms in which a person in a wheelchair may maneuver; and

      (d) The light switches, electrical outlets, thermostats or any other environmental controls in the units of the dwelling are placed in such a manner that they are accessible to a person in a wheelchair.

      3.  As used in this section, “covered multifamily dwelling” means:

      (a) A building which consists of four or more units and contains at least one elevator; or

      (b) The units located on the ground floor of any other building which consists of four or more units.

      Sec. 4.  NRS 118.065 is hereby amended to read as follows:

      118.065  “Familial status” means the fact that a person:

      1.  Lives with a child under the age of 18 and has [lawful] :

      (a) Lawful custody of the child; or

      (b) Written permission to live with the child from the person who has lawful custody of the child;

      2.  Is pregnant; or

      3.  Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.

      Sec. 5.  NRS 118.080 is hereby amended to read as follows:

      118.080  [1.] “Person” includes the State of Nevada and all political subdivisions and agencies thereof.

      [2.  “Person” does not include any nonprofit, fraternal, educational or social organization or club, unless it has the purpose of promoting discrimination in the matter of housing against any person because of race, religious creed, color, national origin, disability, ancestry, familial status or sex.]

      Sec. 6.  NRS 118.110 is hereby amended to read as follows:

      118.110  Any aggrieved person who claims to have been injured by a discriminatory housing practice or who believes that he will be [irreparably] injured by such a practice that is about to occur may file a complaint with the commission [.]


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ê1995 Statutes of Nevada, Page 1988 (Chapter 579, AB 502)ê

 

injured by such a practice that is about to occur may file a complaint with the commission [.] in the manner prescribed in NRS 233.160.

      Sec. 7.  NRS 118.120 is hereby amended to read as follows:

      118.120  Any person may commence an action in any district court in this state to enforce the provisions of NRS 118.100, 207.300, 207.310 [or 645.321.] , 645.321 or 645C.480 not less than 1 year after the date of the occurrence or termination of an alleged violation of any of those provisions. If the court determines that the provisions of any of those sections have been violated by the defendant, and that the plaintiff has been injured thereby, it may enjoin the defendant from continued violation or may take such other affirmative action as may be appropriate, and, in the case of a prevailing plaintiff, may award to the plaintiff actual damages [for any economic loss and no more, together with] , punitive damages, court costs and a reasonable attorney’s fee.

      Sec. 8.  NRS 207.297 is hereby amended to read as follows:

      207.297  As used in NRS 207.300 and 207.310:

      1.  “Disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

      (b) A record of such an impairment; or

      (c) Being regarded as having such an impairment.

      2.  “Familial status” means the fact that a person:

      (a) Lives with a child under the age of 18 and has [lawful] :

             (1) Lawful custody of the child; or

             (2) Written permission to live with the child from the person who has lawful custody of the child;

      (b) Is pregnant; or

      (c) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.

      Sec. 9.  NRS 207.310 is hereby amended to read as follows:

      207.310  1.  As used in this section:

      (a) “Customer” means a person who applies for a loan or other financial assistance to purchase, construct, improve or repair a dwelling.

      (b) “Lender” means a bank, savings and loan association, insurance company or other person whose business consists in whole or in part of making commercial real estate loans.

      2.  It is unlawful for any lender to deny a loan, or other financial assistance rendered by the lender, to any customer or to discriminate against any customer in fixing the amount, conditions, duration, rate of interest or other terms of a loan or other financial assistance [on account] or to refuse to purchase a loan from another lender because of the race, color, religious creed, national origin, disability, ancestry, familial status or sex of:

      (a) The customer;

      (b) Any person associated with the customer in connection with the loan or other financial assistance or with the purpose of the loan or other financial assistance; or

      (c) The present or prospective owners, lessees, tenants or occupants of the dwelling in relation to which the loan or other financial assistance is to be made or given.


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ê1995 Statutes of Nevada, Page 1989 (Chapter 579, AB 502)ê

 

      3.  A person who violates the provisions of this section is guilty of:

      (a) A misdemeanor for the first and second offenses.

      (b) A gross misdemeanor for the third and subsequent offenses.

      Sec. 10.  Chapter 233 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.

      Sec. 11.  The governor may designate another agency to perform the duties and functions of the commission set forth in section 12 of this act and NRS 233.150, 233.160 and 233.170.

      Sec. 12.  1.  The commission shall:

      (a) Begin an investigation of a complaint which alleges an unlawful discriminatory practice in housing within 30 days after it receives the complaint.

      (b) Complete its investigation of the complaint within 100 days after it receives the complaint unless it is impracticable to do so.

      (c) Make a final disposition of the complaint within 1 year after the date it receives the complaint unless it is impracticable to do so.

      2.  If the commission determines that is impracticable to complete an investigation or make a final disposition of a complaint which alleges an unlawful discriminatory practice in housing within the period prescribed in subsection 1, the commission shall send to the complainant and the person against whom the complaint was filed a statement setting forth its reasons for not completing the investigation or making a final disposition of the complaint within that period.

      Sec. 13.  NRS 233.100 is hereby amended to read as follows:

      233.100  [1.] The director is in the unclassified service of the state.

      [2.  The director shall devote his entire time and attention to the business of the commission and to the duties of his office and shall not pursue any other business or occupation or hold any other office of profit.]

      Sec. 14.  NRS 233.150 is hereby amended to read as follows:

      233.150  The commission may:

      1.  Order its executive director to investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, national origin or ancestry, and may conduct hearings with regard thereto.

      2.  Mediate between or reconcile the persons or groups involved in [such] those tensions, practices and acts.

      3.  Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the commission.

      4.  Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ.

      5.  Adopt reasonable regulations necessary for the commission to carry out the functions assigned to it by law.

      Sec. 15.  NRS 233.160 is hereby amended to read as follows:

      233.160  1.  A complaint which alleges an unlawful discriminatory [practices] practice in:

      (a) Housing must be filed with the commission not later than 1 year after the date of the occurrence of the alleged practice or the date on which the practice terminated.


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ê1995 Statutes of Nevada, Page 1990 (Chapter 579, AB 502)ê

 

      (b) Employment or public accommodations must be filed with the commission not later than 180 days after the date of the occurrence of the alleged practice.

A complaint is timely if it is filed with an appropriate federal agency within that period. A complainant shall not file a complaint with the commission if any other state or federal administrative body or officer which has comparable jurisdiction to adjudicate complaints of discriminatory practices has made a decision upon a complaint based upon the same facts and legal theory.

      2.  The complainant shall specify in the complaint the alleged unlawful practice . [and sign it under oath.] The complaint must be in writing and signed, under oath, by the complainant.

      3.  If the complaint alleges an unlawful discriminatory practice in housing, the commission shall serve upon the complainant:

      (a) Notice that the complaint was filed with the commission;

      (b) A copy of the commission’s procedures;

      (c) The information set forth in subsection 5 of NRS 233.170; and

      (d) Information relating to the state and federal administrative bodies and courts with which he may file the complaint.

      4.  The commission shall send to the party against whom an unlawful discriminatory practice is alleged:

      (a) A copy of the complaint;

      (b) An explanation of the rights which are available to him; and

      (c) A copy of the commission’s procedures.

If the complaint alleges an unlawful discriminatory practice in housing, the commission shall comply with the requirements of this subsection within 10 days after it receives the complaint.

      5.  A person against whom an unlawful discriminatory practice in housing is alleged may file with the commission an answer to the complaint filed against him not later than 10 days after he receives the information described in subsection 4.

      Sec. 16.  NRS 233.170 is hereby amended to read as follows:

      233.170  1.  When a complaint is filed whose allegations if true would support a finding of unlawful practice, the commission shall hold an informal meeting to attempt a settlement of the dispute. To prepare for the informal meeting, the executive director may request from each party any information which is reasonably relevant to the complaint. [No] Except as otherwise provided in subsection 3, no further action may be taken if the parties agree to a settlement.

      2.  If an agreement is not reached, the executive director of the commission shall conduct an investigation into the alleged unlawful practice. After the investigation, if the executive director determines that an unlawful practice has occurred, he shall attempt to mediate between or reconcile the parties. The party against whom a complaint was filed may agree to cease the unlawful practice. [If] Except as otherwise provided in subsection 3, if an agreement is reached, no further action may be taken by the complainant or by the commission.

      3.  If an agreement is reached by the parties in a case involving a discriminatory practice in housing, the agreement must be approved by the commission. The agreement must be made public unless the parties otherwise agree and the commission determines that disclosure is not necessary to further the purposes of chapter 118 of NRS.


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ê1995 Statutes of Nevada, Page 1991 (Chapter 579, AB 502)ê

 

and the commission determines that disclosure is not necessary to further the purposes of chapter 118 of NRS.

      4.  If the attempts at mediation or conciliation fail [,] in a case involving an unlawful practice in employment or public accommodations, the commission may hold a public hearing on the matter. After the hearing, if the commission determines that an unlawful practice has occurred, it may:

      (a) Serve a copy of its findings of fact within 10 calendar days upon any person found to have engaged in the unlawful practice; and

      (b) Order the person to:

             (1) Cease and desist from the unlawful practice.

             (2) In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including , but not limited to , rehiring, back pay for a period not to exceed 2 years after the date of the most recent unlawful practice, annual leave time, sick leave time or pay, other fringe benefits and seniority, with interest thereon from the date of the commission’s decision a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the commission’s decision, plus 2 percent. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.

      [4.] 5.  If the attempts at mediation or conciliation fail in a case involving an unlawful housing practice:

      (a) The complainant or the person against whom the complaint was filed may elect to have the claims included in the complaint decided in a court of competent jurisdiction. If the court determines that the person against whom the complaint was filed has committed an unlawful housing practice, the court may:

             (1) Award to the complainant actual damages and, within the limitations prescribed by federal law, punitive damages.

             (2) Award to the prevailing party costs and reasonable attorney’s fees.

             (3) Order such other relief as the court deems appropriate, including, but not limited to:

             (I) Ordering a permanent or temporary injunction;

             (II) Issuing a temporary restraining order; or

             (III) Enjoining the defendant from continuing the unlawful practice or taking other such affirmative action.

      (b) If an election is not made pursuant to paragraph (a), the commission may hold a public hearing on the matter. After the hearing, if the commission determines that an unlawful practice has occurred, it may:

             (1) Serve a copy of its findings of fact within 10 days upon any person found to have engaged in the unlawful practice;

             (2) Order the person to cease and desist from the unlawful practice;

             (3) Award to the complainant actual damages; and

             (4) Impose a civil penalty of not more than $25,000 upon the person who committed the unlawful discriminatory practice.

      6.  The order of the commission is a final decision in a contested case for the purpose of judicial review. If the person fails to comply with the commission’s order, the commission shall apply to the district court for an order compelling such compliance, but failure or delay on the part of the commission does not prejudice the right of an aggrieved party to judicial review.


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ê1995 Statutes of Nevada, Page 1992 (Chapter 579, AB 502)ê

 

compelling such compliance, but failure or delay on the part of the commission does not prejudice the right of an aggrieved party to judicial review. The court shall issue the order unless it finds that the commission’s findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious. If the court upholds the commission’s order and finds that the person has violated the order by failing to cease and desist from the unlawful practice or to make the payment ordered, the court shall award the aggrieved party actual damages for any economic loss and no more.

      [5.] 7.  After the commission has held a public hearing and rendered a decision, the complainant is barred from proceeding on the same facts and legal theory before any other administrative body or officer.

      Sec. 17.  Chapter 426 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Service animal” means an animal which has been or is being trained to provide a specialized service to a handicapped person.

      Sec. 18.  NRS 426.031 is hereby amended to read as follows:

      426.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 426.041 to 426.095, inclusive, and section 17 of this act, have the meanings ascribed to them in those sections.

      Sec. 19.  NRS 426.510 is hereby amended to read as follows:

      426.510  1.  Except as otherwise provided in subsections 2, 3 and 4, a person shall not:

      (a) Use a guide dog, hearing dog , [or] helping dog or other service animal or a blaze orange [dog] leash; or

      (b) Carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.

      2.  A blind person may use a guide dog [,] or other service animal, a blaze orange [dog] leash and a cane or walking stick which is white or metallic in color, or white tipped with red.

      3.  A deaf person may use a hearing dog or other service animal and a blaze orange [dog] leash.

      4.  A physically handicapped person may use a helping dog or other service animal and a blaze orange [dog] leash.

      5.  Any pedestrian who approaches or encounters a person using a guide dog or other service animal or carrying a cane or walking stick white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the blind person.

      6.  Any person other than a blind person who:

      (a) Uses a guide dog or other service animal or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;

      (b) Fails to heed the approach of a person using a guide dog or other service animal or carrying such a cane as is described by this section;

      (c) Fails to come to a stop upon approaching or coming in contact with a person so using a guide dog or other service animal or so carrying such a cane or walking stick; or


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ê1995 Statutes of Nevada, Page 1993 (Chapter 579, AB 502)ê

 

      (d) Fails to take precaution against accident or injury to such a person after coming to a stop,

as provided for in this section, is guilty of a misdemeanor.

      7.  Any person other than a blind, deaf or physically handicapped person who uses a blaze orange [dog] leash is guilty of a misdemeanor.

      8.  This section does not apply to any person who is instructing a blind, deaf or physically handicapped person or training a guide dog, hearing dog , [or] helping dog [.] or other service animal.

      Sec. 20.  NRS 426.515 is hereby amended to read as follows:

      426.515  The failure of a:

      1.  Blind person to carry a white or metallic colored cane or to use a guide dog or other service animal or a blaze orange [dog] leash;

      2.  Deaf person to use a hearing dog or other service animal or a blaze orange [dog] leash; or

      3.  Physically handicapped person to use a helping dog or other service animal or a blaze orange [dog] leash,

does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a personal injury action by that person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from the blind, deaf or physically handicapped person’s making use of the facilities or services offered by the carrier or place of public accommodation.

      Sec. 21.  NRS 426.695 is hereby amended to read as follows:

      426.695  Blind persons who operate a vending stand [under] pursuant to the provisions of NRS 426.630 to 426.720, inclusive, may keep a guide dog or other service animal with them at all times on the premises where [such] that vending stand is located.

      Sec. 22.  NRS 426.790 is hereby amended to read as follows:

      426.790  1.  It is unlawful for any person to beat, harass, intimidate or interfere with a guide dog, hearing dog , [or] helping dog [.] or other service animal.

      2.  Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

      Sec. 23.  NRS 484.328 is hereby amended to read as follows:

      484.328  1.  A blind person who is on foot and using a guide dog or other service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right of way when entering or when on a highway, street or road of this state. Any driver of a vehicle who approaches or encounters such a blind person shall yield the right of way, come to a full stop, if necessary, and take precautions before proceeding to avoid accident or injury to the blind person.

      2.  Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

      Sec. 24.  NRS 613.330 is hereby amended to read as follows:

      613.330  1.  Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:


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ê1995 Statutes of Nevada, Page 1994 (Chapter 579, AB 502)ê

 

      (a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to his compensation, terms, conditions or privileges of employment, because of his race, color, religion, sex, age, disability or national origin; or

      (b) To limit, segregate or classify employees in any way which would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his status as an employee, because of his race, color, religion, sex, age, disability or national origin.

      2.  It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any person because of his race, color, religion, sex, age, disability or national origin, or to classify or refer for employment any person on the basis of his race, color, religion, sex, age, disability or national origin.

      3.  It is an unlawful employment practice for a labor organization:

      (a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his race, color, religion, sex, age, disability or national origin;

      (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive him of employment opportunities, or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of his race, color, religion, sex, age, disability or national origin; or

      (c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

      4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including one-the-job training programs, to discriminate against any person because of his race, color, religion, sex, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

      5.  It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against persons with physical, aural or visual disabilities by interfering, directly or indirectly, with the use of an aid or appliance, including a guide dog , [or] hearing dog, helping dog or other service animal by such a person.

      6.  It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a visual or aural disability to keep his guide dog , [or] hearing dog or other service animal with him at all times in his place of employment.

      7.  For the purposes of this section, the terms [“guide dog” and “hearing dog”] “guide dog,” “hearing dog,” “helping dog” and “service animal” have the meanings ascribed to them respectively in NRS 426.075 [and 426.081.] , 426.081, 426.083 and section 17 of this act.

      Sec. 25.  NRS 645.321 is hereby amended to read as follows:

      645.321  1.  It is unlawful, on account of race, religious creed, color, national origin, disability, ancestry, familial status or sex, to:

      (a) Discriminate against any person:


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ê1995 Statutes of Nevada, Page 1995 (Chapter 579, AB 502)ê

 

             (1) By denying the person access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service or facility relating to the sale or rental of dwellings; or

             (2) In the terms or conditions of such access, membership or participation.

      (b) Discriminate against any person:

             (1) By denying the person access to any opportunity to engage in a transaction regarding residential real estate; or

             (2) In the terms or conditions of such a transaction.

      2.  Any person violating the provisions of subsection 1 shall be punished by a fine of $500 for the first offense and for the second offense shall show cause why his license should not be revoked by the commission.

      3.  As used in this section:

      (a) “Disability” means, with respect to a person:

             (1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

             (2) A record of such an impairment; or

             (3) Being regarded as having such an impairment.

      (b) “Familial status” means the fact that a person:

             (1) Lives with a child under the age of 18 and has [lawful] :

             (I) Lawful custody of the child; or

             (II) Written permission to live with the child from the person who has lawful custody of the child;

             (2) Is pregnant; or

             (3) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.

      Sec. 26.  NRS 645C.480 is hereby amended to read as follows:

      645C.480  1.  A certified or licensed appraiser is guilty of unprofessional conduct if he:

      (a) Fails to produce any document, book or record in his possession or under his control after being requested to do so by the division as part of its investigation of a complaint;

      (b) Refuses to prepare or communicate an appraisal because of age, race, color, national origin, disability, familial status, sex or ethnic group; or

      (c) Fails to supervise adequately an intern associated with him.

      2.  As used in this section:

      (a) “Disability” means, with respect to a person:

             (1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

             (2) A record of such an impairment; or

             (3) Being regarded as having such an impairment.

      (b) “Familial status” means the fact that a person:

             (1) Lives with a child under the age of 18 and has [lawful] :

             (I) Lawful custody of the child; or

             (II) Written permission to live with the child from the person who has lawful custody of the child;

             (2) Is pregnant; or

             (3) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.


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ê1995 Statutes of Nevada, Page 1996 (Chapter 579, AB 502)ê

 

      Sec. 27.  NRS 651.075 is hereby amended to read as follows:

      651.075  1.  It is unlawful for a place of public accommodation to:

      (a) Refuse admittance or service to a person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog , [or] helping dog [;] or other service animal;